Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.68 - Vegetation Management on Existing Utility Rights-of-way: Coordinated Permit Review

Current through Register 1525, July 5, 2024
(1)
General
. Activities which consist of vegetation
				management activities conducted by gas or electric utility companies on
				existing rights-of-way subject to review under
				333 CMR
				11.00 are not subject to standard review under
				321 CMR
				10.66 by the Director if the following
				coordinated permit review procedures are followed.
(2)
Review of Vegetation
				Management and Yearly Operating Plans
. Vegetation Management Plans
				(VMPs) and Yearly Operating Plans (YOPs) shall be submitted to NHESP at the
				same time they are submitted to the Department of Agricultural Resources,
				pursuant to M.G.L. c. 132B, § 6B and
				333 CMR
				11.00. For the purposes of
				321 CMR
				10.38, the VMP or YOP shall mean the document
				prepared for the Department of Agricultural Resources pursuant to
				333 CMR
				11.00 and any maps or plans of appropriate scale and
				detail requested by NHESP for the purpose of determining the precise location
				of vegetation management activities. If NHESP does not request any such maps or
				plans during the review period the VMP or YOP shall be considered complete. No
				more than 90 days following receipt of the VMP or YOP, NHESP shall provide
				recommendations to the applicant and the Department of Agricultural Resources
				with respect to the avoidance, minimization or mitigation of impacts on state
				listed species.
(3)
Issuance of a Permit By the Director.
(a)
Request for
				Permit
. Prior to commencing vegetation management activities the
				applicant shall submit to the Director copies of the VMP, YOP, and comments
				submitted by the NHESP on the VMP and YOP, if any.
(b)
Review of
				Materials
. Based on the materials submitted, the Director shall
				determine whether the NHESP reviewed the VMP and YOP within 90 days of receipt
				of such plans and made recommendations with respect to the avoidance,
				minimization or mitigation of impacts on state listed species; and whether the
				applicant has incorporated any such avoidance, minimization, or mitigation
				measures in the VMP and YOP. If the Director finds that the NHESP made such
				recommendations and that they were incorporated into the VMP and YOP by the
				applicant, the Director shall issue an Alteration Permit forthwith without
				further conditions, except that the permit may be conditioned upon
				implementation of such avoidance, minimization, or mitigation measures, which
				may include biological monitoring and reporting requirements to enable the
				Director to determine if the avoidance, minimization, or mitigation measures
				are fulfilling the conditions of the permit. The Director shall send a copy of
				the Alteration Permit to the Department of Agricultural Resources.
(c)
Denial of
				Permit
. If the Director finds that the applicant has not
				incorporated such recommendations, the Director shall deny the permit. The
				Director shall send notice of denial of the permit to the applicant and the
				Department of Agricultural Resources.