Mass. Gen. Laws ch. 132A, sec. 15 — MA Code / Part I / Title XIX / Chapter 132A / Section 15
Prohibited activities in ocean sanctuaries
Status: in_force

Section 15. Except as otherwise provided in this section, the following activities shall be prohibited in an ocean sanctuary: (1) the building of any structure on the seabed or under the subsoil; (2) the construction or operation of offshore or floating electric generating stations, except: (a) on an emergency and temporary basis for the supply of energy when the electric generating station is otherwise consistent with an ocean management plan; or (b) for appropriate-scale renewable energy facilities, as defined by an ocean management plan promulgated pursuant to section 4C of chapter 21A, in areas other than the Cape Cod Ocean Sanctuary; provided, however, that (i) the renewable energy facility is otherwise consistent with an ocean management plan; (ii) siting of all such facilities shall take into account all relevant factors, including but not limited to, protection of the public trust, compatibility with existing uses, proximity to the shoreline, appropriateness of technology and scale, environmental protection, public safety and community benefit; and (iii) in municipalities where regional planning agencies have regulatory authority, a regional planning agency shall define the appropriate scale of offshore renewable energy facilities and review such facilities as developments of regional impact, and the applicant may seek review of the regional planning agency's development of regional impact determination, but not its determination of appropriate scale, pursuant to the authority of the energy facilities siting board to issue certificates of environmental impact and public interest pursuant to sections 69K to 69O, inclusive, of chapter 164; (3) the drilling or removal of any sand, gravel or other minerals, gases or oils; (4) the dumping or discharge of commercial, municipal, domestic or industrial wastes; provided, however, that the department may approve a new or modified discharge of municipal wastewater from a POTW in accordance with section 16G; (5) commercial advertising; or (6) the incineration of solid waste or refuse on, or in, vessels moored or afloat within the boundaries of an ocean sanctuary.

Section 15. Except as otherwise provided in this section, the following activities shall be prohibited in an ocean sanctuary:

(1) the building of any structure on the seabed or under the subsoil;

(2) the construction or operation of offshore or floating electric generating stations, except: (a) on an emergency and temporary basis for the supply of energy when the electric generating station is otherwise consistent with an ocean management plan; or (b) for appropriate-scale renewable energy facilities, as defined by an ocean management plan promulgated pursuant to section 4C of chapter 21A, in areas other than the Cape Cod Ocean Sanctuary; provided, however, that (i) the renewable energy facility is otherwise consistent with an ocean management plan; (ii) siting of all such facilities shall take into account all relevant factors, including but not limited to, protection of the public trust, compatibility with existing uses, proximity to the shoreline, appropriateness of technology and scale, environmental protection, public safety and community benefit; and (iii) in municipalities where regional planning agencies have regulatory authority, a regional planning agency shall define the appropriate scale of offshore renewable energy facilities and review such facilities as developments of regional impact, and the applicant may seek review of the regional planning agency's development of regional impact determination, but not its determination of appropriate scale, pursuant to the authority of the energy facilities siting board to issue certificates of environmental impact and public interest pursuant to sections 69K to 69O, inclusive, of chapter 164;

(3) the drilling or removal of any sand, gravel or other minerals, gases or oils;

(4) the dumping or discharge of commercial, municipal, domestic or industrial wastes; provided, however, that the department may approve a new or modified discharge of municipal wastewater from a POTW in accordance with section 16G;

(5) commercial advertising; or

(6) the incineration of solid waste or refuse on, or in, vessels moored or afloat within the boundaries of an ocean sanctuary.