Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.08 - Criteria for Designation

Current through Register 1525, July 5, 2024
The Secretary shall consider the following factors in making
				the finding required by
				301 CMR
				12.09. These factors need not be weighed
				equally, nor must all these factors be present for an area to be designated.
				While the more factors an area contains the more likely its designation, the
				strong presence of even a single factor may be sufficient for
				designation:
(1)
Threat to
			 the Public Health through Inappropriate Use
. Future development of
			 the area may threaten the public health, safety, or welfare because of the
			 potential for pollution of the water supply, pollutants introduced indirectly
			 through the food chain, increased runoff volumes and decreased groundwater
			 recharge, landform alterations which adversely affect land stability or natural
			 protection, existing natural hazards, or other direct or indirect effects which
			 vary with the potential uses;
(2)
Quality of the Natural Characteristics
. The area
			 possesses outstanding natural characteristics such as: high or unaltered land
			 and water quality; undeveloped or unaltered land and water; outstanding trees,
			 priority natural communities, or biodiversity;
(3)
Productivity
.
			 The ecosystem is rich in nutrients serving as a food source for or hosting a
			 high diversity of finfish, shellfish, waterfowl, wildlife, or other
			 biota;
(4)
Uniqueness
			 of Area
. The area is unique or unusual from a regional, state, or
			 national perspective. Uniqueness will apply to endangered plant and animal
			 species; geologic features; archaeological/historic/cultural features; or other
			 resources of educational value;
(5)
Irreversibility of Impact
. The area has resources or
			 characteristics which are potentially exhaustible or so fragile that
			 alterations may have irreversible consequences. Irreversibility of impact will
			 be assessed based on such factors as: the dependence of natural systems on
			 groundwater; the tolerance of animals and habitats to pollutants; the degree of
			 interdependence of ecosystems; and the sensitivity of species to changes in
			 salinity or nutrient loads;
(6)
Imminence of Threat to the Resource
. The area is
			 subject to imminent threat such as: current proposals for major private
			 development projects; plans for major new public infrastructure developments
			 such as sewers, water systems, roads; or regional growth trends;
(7)
Magnitude of
			 Impact
. The potential adverse impacts from changes to the area
			 would be highly significant;
(8)
Economic Benefits
. The area has intrinsic values which
			 are important to a region's economic stability. Such values include:
			 recreational opportunities, tourism, fisheries development, and water
			 supply;
(9)
Potential
			 Climate Change Benefits
. The area has the ability to mitigate
			 climate change impacts, such as more frequent and intense storms and higher
			 temperatures, and improve climate change resilience;
(10)
Supporting
			 Factors
. The area has other factors which favor preservation or
			 restoration. Such factors may include: strong public consensus on the intrinsic
			 value of the area; legislative identification of the value of the resource;
			 public awareness of the importance of the area; the lack of coordinated local
			 control because the area is contained within more than one municipality;
			 ownership of some or all of the resource by the local, state, or federal
			 government; or the existence of supplementing management programs in the
			 area.