reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 64.00 - Requisites And Procedures For The Registration Of Trademarks And Service Marks › Section 64.05 - Term of Registration and Renewal

Current through Register 1525, July 5, 2024
(1)
			 Proper registration of a trademark or service mark under the provisions of
			 M.G.L. c. 110B shall be effective for a term of ten years from the date of
			 registration.
(2) Application for
			 renewal of registration of a trademark or service mark shall be filed within
			 six months prior to the expiration of the term on the appropriate form. The
			 registration may be so renewed for successive periods of ten years.
(3) Notification of the necessity of renewal
			 shall be sent by the State Secretary to the last known address of the
			 registrants within the year next preceding the expiration of the ten year
			 term.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 64.00 - Requisites And Procedures For The Registration Of Trademarks And Service Marks › Section 64.06 - Cancellation of Registration

Current through Register 1525, July 5, 2024
The State Secretary shall have the power to cancel certain
				trademarks or service marks as set out in M.G.L. c. 110B, §
				8.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 65.00 - Classification Of Goods And Services

Current through Register 1525, July 5, 2024
The International Classification of Goods and Services to which
			 Trademarks are applied as established by the Nice Agreement of 1957 is hereby
			 adopted by the Trademark Division to be used in the determination of classes of
			 goods and services for the convenience of the administration of M.G.L. c. 110B.
REGULATORY AUTHORITY
950 CMR 65.00: M.G.L. c. 110B, § 15.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 70.00 - Massachusetts Historical Commission › Section 70.02 - Scope and Purpose

Current through Register 1525, July 5, 2024
950 CMR 70.00 establishes a
				uniform system for compliance with the so called "Antiquities Act", M.G.L. c.
				9, §§ 26 through 27C. The purpose is to standardize the procedures
				for conducting archeological field investigations in Massachusetts in order to
				insure the conservation of archeological resources and the highest quality of
				archeological research.
				950 CMR 70.00 is intended to
				protect the public's interest in archeological resources by controlling
				activities which will disturb archeological properties, and thus destroy the
				contextual relationships and associated scientific values of the properties.
				950 CMR 70.00 are intended to
				strengthen and support the archeological community's efforts towards the
				conservation of archeological properties by setting standards whereby
				archeological sites will be wisely used.
				950 CMR 70.00 recognizes that
				archeological sites are unique, non-renewable and fragile resources. Minimal
				levels of acceptable archeological performance are established in order to
				insure the conservation of archeological properties, and also to insure full
				value for public expenditures in archeology.
				950 CMR 70.00 recognizes the
				valuable work of avocational archeologists, and are written to allow their
				continued participation on field investigations conducted under
				permit.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 70.00 - Massachusetts Historical Commission › Section 70.03 - Applicability

Current through Register 1525, July 5, 2024
(1) No person, corporation, agency, or any
			 other entity, or authority of the Commonwealth or any of its political
			 subdivisions shall conduct field investigation activities on any land owned or
			 controlled by the Commonwealth, its agencies or political subdivisions or on
			 any historical or archeological landmarks or on any lands restricted by M.G.L.
			 c. 184, § 31 without first securing a permit from the State Archeologist.
			 Any individual, corporation, institution, school, agency, or other entity who
			 plans to conduct Destructive Archeological Field Investigations must secure a
			 permit from the State Archeologist if the field investigations will be located
			 on state, county or municipal property; or on lands which are controlled by
			 state, county or municipal easements; or on lands which are being evaluated by
			 state, county or municipal authorities as a part of proposed land modification
			 projects; or on properties which are designated as Massachusetts Historical or
			 Archeological Landmarks as provided by M.G.L. c. 9, § 27; or on lands
			 controlled by preservation restrictions as provided by M.G.L. c. 184, §
			 31; or on anyother lands owned or controlled by the Commonwealth, its agencies
			 or political subdivisions.
(2) All
			 specimens collected through field investigation activities conducted under
			 permit as provided in
			 950 CMR 70.00 shall be the
			 property of the Commonwealth.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 70.00 - Massachusetts Historical Commission › Section 70.10 - Professional Qualifications

Current through Register 1525, July 5, 2024
(1) Qualifications
			 of the Research Team
(a) The Research Team
			 should consist of a group of investigators whose cumulative professional
			 backgrounds and experience will be appropriate to the proposed undertaking. The
			 Research Team should assess the adequacy of its qualifications to meet the
			 demands of the Research Design, and take steps to redress any deficiencies or
			 in adequacies either by bringing in associates who have the needed
			 qualifications, or by modifying the scope of the project. Research Teams will
			 normally consist of a principal investigator, field supervisors, laboratory
			 supervisors, field crew, laboratory crew, and professional consultants with a
			 variety of academic backgrounds. Research Teams will normally be
			 interdisciplinary in nature, and may include anthropologists, historic
			 archeologists, prehistoric archeologists, industrial archeologists,
			 technological historians, social historians, agricultural historians,
			 historians, geologists, palynologists, ecologists, geographers, architectural
			 historians, folklorists, pedologists, etc. as appropriate to the research
			 design. Because archeological field investigations will destroy archeological
			 properties, the Research Team should consist of individuals whose backgrounds
			 in research, field work, and analysis will ensure careful and scientific
			 recording of the non-renewable archeological properties.
(b) The Research Team should include one or
			 more individuals who meet all of the following standards. (Note: Not all
			 members of the Team need meet these standards):
1. A graduate degree in archeology,
			 anthropology, material culture studies or a closely related field ;
2. At least 16 months of professional
			 experience or specialized training in archeological field, laboratory or
			 library research including:
a. at least four
			 months of field experience in general North American archeology;
b. at least six months of experience in a
			 supervisory role in northeastern archeology;
3. At least six months field and laboratory
			 experience in sites and specimens of the type and period of the site which is
			 the object of study (i.e. six months experience in industrial archeology if the
			 site is industrial; six months experience in northeastern historical archeology
			 if the site is historical; or six months experience in the prehistoric
			 archeology of glaciated North America if the site is prehistoric).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 70.00 - Massachusetts Historical Commission › Section 70.11 - Applications for Permits

Current through Register 1525, July 5, 2024
(1) Non-Destructive
			 Field Investigations: Individuals or Institutions who plan to conduct
			 Non-Destructive Field Investigations do not require a permit from the State
			 Archeologist. However, the State Archeologist should receive written notice of
			 the proposed Non-Destructive Field Investigation. Minimal standards for field
			 investigation and reporting should be maintained. The State Archeologist will
			 cooperate in the planning, conducting and reporting of Non-Destructive Field
			 Investigations. Copies of the final report resulting from the field
			 investigation, and site locational information which is revealed during the
			 field investigation should be submitted to the State Archeologist.
(2) Destructive Field Investigations:
			 Archeological Field Investigations are complex multi-disciplinary studies. An
			 application for a Permit to conduct an Archeological Field Investigation will
			 be evaluated on the soundness of the research proposal and the qualifications
			 of the Research Team to undertake the field investigation. Applications for
			 permits are (a) 950 CMR 70.11(2)(a) General Information, (b) 950 CMR
			 70.11(2)(b) Qualifications, and (c) 950 CMR 70.11(2)(c) Research Design.
A complete application for an archeological permit to conduct
				field investigation shall consist of:
(a) General Information:
1. A copy of the appropriate U.S.G.S
			 quadrangle(s) with the project area clearly marked;
2. A completed and signed Permit Application
			 (see Appendix B).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 70.00 - Massachusetts Historical Commission › Section 70.12 - Response to Permit Applications

Current through Register 1525, July 5, 2024
(1) The
			 State Archeologist shall review all Permit Applications. In reviewing the
			 application, the State Archeologist shall consider the adequacy of the Research
			 Design, the adequacy of the Research Team
vis a vis
the
			 Research Design, the past performance of the Principal Investigator, and the
			 justification for the use of the archeological property.
(2) Upon receipt of a Permit Application, the
			 State Archeologist will review the application and supporting documentation,
			 and will inform the applicant in writing within ten working days whether the
			 application is complete. The State Archeologist will review and act upon
			 complete permit applications without delay. Every reasonable effort shall be
			 made to either grant or deny a permit within 20 working days. Unless the State
			 Archeologist denies a permit within 60 days after receipt of a Complete Permit
			 Application, the permit will be considered granted.
(3) When the State Archeologist denies an
			 applicant a permit to conduct a field investigation she/he shall issue a
			 written statement describing the deficiencies in the Permit Application and the
			 reasons for denial of permit.
(4)
			 An applicant may appeal a denial of a permit by the State Archaeologist by
			 filing a Notice of Appeal with the Massachusetts Historical Commission within
			 21 days. The Commission may appoint a Hearing Officer to conduct a hearing and
			 may base its decision on the report of the Hearing Officer. Although M.G.L. c.
			 30A, § 9 does not require application of the Standard Adjudicatory Rules
			 of Practice and Procedure,
			 801 CMR 1.00, because the
			 Commission is not an agency "within the executive offices", nevertheless the
			 Formal Rules,
			 801 CMR 1.01, shall
			 apply to all Commission adjudicatory proceedings.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 70.00 - Massachusetts Historical Commission › Section 70.13 - Standards for Field Investigation

Current through Register 1525, July 5, 2024
An archeologist performing field investigation under permit as
				provided by M.G.L. c. 9, § 27C, either as a principal investigator or a
				member of a research team, has a responsibility to attempt to design and
				conduct projects that will add to our understanding of past cultures and/or
				that will develop better theories, methods, or techniques for interpreting the
				archeological record, while causing minimum attrition of the resource
				base.
(1) The permittee has a
			 responsibility to prepare adequately for any research project. The permittee
			 shall:
(a) Assess the adequacy of her/his
			 qualifications for the demands of the project, and minimize inadequacies by
			 acquiring additional expertise, by bringing in associates with the needed
			 qualifications, or by modifying the scope of the project;
(b) Be well informed about relevant previous
			 research;
(c) Develop a scientific
			 plan of research which specifies the objectives of the project, takes into
			 account previous relevant research, employs a suitable methodology, and
			 provides for economical use of the resource base consistent with the objectives
			 of the project;
(d) Ensure the
			 availability of adequate staff and support facilities to carry the project to
			 completion, and of adequate curatorial facilities for specimens and
			 records.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 70.00 - Massachusetts Historical Commission › Section 70.14 - Standards for Reports

Current through Register 1525, July 5, 2024
Archeological field investigations shall be conducted with the
				object of disseminating the knowledge gained by the investigation. Two copies
				of the summary report of the field investigation, containing relevant maps,
				documents, drawings and photographs shall be submitted to the MHC, within the
				period of time specified in the permit after consultation between the applicant
				and the State Archeologist.
(1)
			 Inventory Forms (see Appendix A) shall be completed, insofar as possible, for
			 each site encountered during field investigations performed under permit by the
			 State Archeologist.
(2) At a
			 minimum, summary reports for reconnaissance and intensive surveys should
			 include:
(a) A description of the
			 area;
(b) A description and
			 justification of the research design, methodology and research techniques
			 used;
(c) A U.S.G.S. quadrangle, or
			 relevantportion(s) of U.S.G.S. quadrangle(s), with the project and
			 investigation areas marked;
(d)
			 More precise maps showing the project area, locations of fieldwork and areas of
			 known and expected archeological resources;
(e) A description of the known and expected
			 archeological properties and their potential or known eligibility for the
			 National Register;
(f) Quantitative
			 and qualitative summaries of artifacts and features recovered during a field
			 investigation;
(g) A complete
			 listing of sources, including individuals, records and literature, which were
			 consulted during the field investigation;
(h) Photographs of visible cultural features
			 or structures.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 70.00 - Massachusetts Historical Commission › Section 70.20 - Exceptions

Current through Register 1525, July 5, 2024
(1) No permittee conducting field
			 investigation under permit as provided by
			 950 CMR 70.00 shall be
			 authorized to excavate human skeletal remains. The provisions of 950 CMR 70.20
			 do not supersede other legislative and regulatory requirements regarding the
			 discovery, reporting, excavation or reinterrment of human skeletal
			 remains.
(2) Human skeletal remains
			 shall be excavated only after securing a Special Permit from the State
			 Archeologist. The State Archeologist shall issue a Special Permit only if the
			 remains are imminently and irrevocably threatened by non-archeological
			 activities. Avoidance of burials and preservation
insitu
are
			 preferred alternatives.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 70.00 - Massachusetts Historical Commission › Section 70.30 - Penalties

Current through Register 1525, July 5, 2024
(1) Any person, corporation, or authority of
			 the Commonwealth or any of its political subdivisions who shall conduct field
			 investigations on land owned or controlled by the Commonwealth, its agencies,
			 or any political subdivisions thereof, or in which the Commonwealth has an
			 interest, without first obtaining a permit thereof as provided by M.G.L. c. 9,
			 § 27C shall be guilty of a misdemeanor and shall be punished by a fine of
			 not more than $500 or by imprisonment for not more than six months.
(2) Any person, corporation, agency or
			 authority of the Commonwealth who shall appropriate, deface, destroy or
			 otherwise alter any site, specimen or landmark except in the course of
			 activities authorized under permit as provided by M.G.L. c. 9, § 27C,
			 shall be guilty of a misdemeanor and shall be punished by a fine of not more
			 than $500 or by imprisonment for not more than six months. All specimens,
			 objects and materials collected or excavated in violation of 950 CMR 70.30
			 shall be forfeited to the Commonwealth.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 71.00 - Protection Of Properties Included In The State Register Of Historic Places › Section 71.01 - Introduction

Current through Register 1525, July 5, 2024
950 CMR 71.00 are hereby
				issued pursuant to the authority of M.G.L. c. 9, §§ 26 through 27C as
				amended by St. 1988, c. 254.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 71.00 - Protection Of Properties Included In The State Register Of Historic Places › Section 71.02 - Scope, Purpose and Participants

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
. The purpose of M.G.L. c. 9,
			 §§ 26 through 27C is to eliminate, minimize, or mitigate adverse
			 effects to properties listed in the State Register of Historic Places.
			 950 CMR 71.00 establishes a
			 standardized procedure to protect the public's interest in preserving historic
			 and archaeological properties by directing state bodies to notify the MHC as
			 early as possible in the planning process of any project either undertaken by
			 the state body or prior to the state body's funding or licensing, in whole or
			 in part, a private project. The MHC will determine whether the project will
			 have any adverse effect, direct or indirect, on any property listed in the
			 State Register of Historic Places. The MHC must make a determination of effect
			 within 30 days of receipt of notification. If the MHC determines that a project
			 will have an adverse effect on a State Register property, then the MHC, the
			 state body, and the private project proponent will immediately consult to
			 discuss ways to eliminate, minimize, or mitigate the adverse effects. The state
			 body or the private project proponent undertaking the project must adopt all
			 prudent and feasible means to eliminate, minimize, or mitigate adverse effects.
			 950 CMR 71.02 detail the process for compliance with M.G.L. c. 9, §§
			 26 through 27C by establishing a forum for the resolution of disputes arising
			 between proposed developments and historic properties; the emphasis of the
			 process is on interested parties negotiating an agreement after a thorough and
			 good faith examination of alternatives. State law does not give the MHC veto
			 authority over proposed developments, but does direct state bodies to adopt all
			 prudent and feasible means to avoid damaging historic properties. The MHC's
			 role is to provide information, technical assistance, and a forum to assist
			 project proponents in developing projects that consider historic values and
			 preserve the Commonwealth's historic heritage.
(2)
Participants
(a)
Consulting
			 Parties
. Consulting parties are the primary participants in the
			 consultation process, whose responsibilities are defined by 950 CMR 71.02.
			 Consulting parties have the principal responsibilities in the consultation
			 process and are parties to any agreement resulting from the consultation
			 process. Consulting parties may include:
1.
			 Project proponent as defined in
			 950 CMR 71.03
2. State body as defined in
			 950 CMR 71.03
3. MHC as defined in
			 950 CMR 71.03
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 71.00 - Protection Of Properties Included In The State Register Of Historic Places › Section 71.05 - Criteria of Adverse Effect

Current through Register 1525, July 5, 2024
Adverse effects on State Register properties may occur under
				conditions which include but are not limited to:
(a) the destruction or alteration of all or
			 part of a State Register property;
(b) the isolation or alteration of a State
			 Register property from its surrounding environment;
(c) the introduction of visual, audible, or
			 atmospheric elements that are out of character with, or alter the setting of
			 the State Register property;
(d)
			 the neglect of a State Register property resulting in deterioration or
			 destruction; or
(e) the transfer or
			 sale of a State Register property without adequate conditions or restrictions
			 regarding preservation, maintenance, or use.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 71.00 - Protection Of Properties Included In The State Register Of Historic Places › Section 71.06 - Authorization and Expansion of the State Register

Current through Register 1525, July 5, 2024
The MHC shall establish and maintain the State Register of
				Historic Places. The MHC shall publish annually a complete listing of all
				properties included in the State Register. The MHC shall publish an update in
				the
Massachusetts Register
of properties that have been added
				to the State Register each week. The MHC shall maintain the most current and
				accurate list of properties included in the State Register, and shall make
				available cumulative updated lists of properties which have been added to the
				State Register after the date of publication of the last annual
				listing.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 71.00 - Protection Of Properties Included In The State Register Of Historic Places › Section 71.08 - Public Participation

Current through Register 1525, July 5, 2024
The MHC encourages maximum public participation in the review
				process under
				950 CMR 71.00. The MHC and
				the state body should seek assistance from local historical commissions, local
				historic district commissions, interested parties, the public, units of state
				and local government, and public and private organizations in determining
				effect and developing alternatives to eliminate, minimize, or mitigate any
				adverse effect. The MHC should make readily available, to the extent allowed by
				law, documents, materials, and other information and data concerning the
				project and its effects to State Register properties. The MHC should make the
				public aware of informational meetings and the availability of other
				information related to the review of individual projects, such as a
				Determination of Adverse Effect, an Acceptance of Adverse Effect, a Memorandum
				of Agreement, a Joint Memorandum of Prudent and Feasible Alternatives, and a
				state body's response refusing to adopt the MHC's findings. Informing the
				public may include:
(a) mailing notice
			 to those who have requested information on an individual project;
(b) placing notice in local newspapers or
			 newsletters;
(c) posting notices
			 on- and off-site;
(d) soliciting
			 relevant information from the public;
(e) holding or sponsoring public
			 meetings;
(f) publishing notice of
			 decisions regarding review of individual projects in the
Massachusetts
			 Register
; and
(g)
			 publishing notice of decisions or other actions under
			 950 CMR 71.00 in the
Environmental Monitor
published by the Executive Office of
			 Environmental Affairs.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 71.00 - Protection Of Properties Included In The State Register Of Historic Places › Section 71.09 - State Program Coordination

Current through Register 1525, July 5, 2024
(1)
Application
. At the request of a state body, the MHC
			 shall consider execution of a Programmatic Memorandum of Agreement to fulfill
			 the state body's responsibilities under M.G.L. c. 9, §§ 26 through
			 27C for a particular program or class of projects that would otherwise require
			 numerous individual project reviews. The Programmatic Memorandum of Agreement
			 may specify categories of projects that shall be exempt from further review,
			 categories of projects where review could be best accomplished on a
			 program-wide rather than individual project basis, or coordinated process and
			 schedule for review. Agencies which are legally required to hold adjudicatory
			 proceedings, are particularly encouraged to request a Programmatic Memorandum
			 of Agreement.
(2)
Consultation Process
. At the request of a state body,
			 the state body and the MHC shall consult to develop a Programmatic Memorandum
			 of Agreement. Upon agreement, the MHC shall, with the assistance of the state
			 body, draft a Programmatic Memorandum of Agreement outlining the review
			 procedures for programs conducted by the state body and listing the types of
			 action exempt from review. The MHC shall submit a draft of the proposed
			 Programmatic Memorandum of Agreement to the state body. If the state body signs
			 the proposed Programmatic Memorandum agreeing that it will comply with the
			 measures specified to eliminate, minimize, or mitigate adverse effects to State
			 Register properties, then the proposed Programmatic Memorandum of Agreement
			 shall be placed on the agenda of a MHC meeting to be held within 60 days of
			 receipt of the signed Proposed Memorandum. The MHC shall notify the state body
			 of the time and place of the MHC meeting.
(3)
Consideration of the Proposed
			 Programmatic Memorandum of Agreement
. The MHC shall review the
			 proposed Programmatic Memorandum of Agreement and consider any additional
			 information submitted by the state body or by the public. Within ten days of
			 the meeting, the MHC shall direct the Executive Director to either sign and
			 execute the Programmatic Memorandum of Agreement on behalf of the MHC, or
			 revise the Programmatic Memorandum of Agreement in accordance with the
			 recommendations of the MHC and consult with the state body to develop a revised
			 Programmatic Memorandum of Agreement.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 71.00 - Protection Of Properties Included In The State Register Of Historic Places › Section 71.10 - Emergency Actions

Current through Register 1525, July 5, 2024
In the rare situation where immediate action by a state body is
				essential to avoid or eliminate an imminent threat to the public health or
				safety, or a serious and immediate threat to the environment, a project may
				commence without compliance with the MHC review process pursuant to M.G.L. c.
				9, §§ 26 through 27C; provided that wherever practicable the state
				body must obtain the prior written approval of the MHC. In cases where written
				notice is not practicable, the state body must make a good faith effort to
				obtain the prior oral approval of the MHC by telephone, during normal business
				hours. In all cases, written notification will be required within ten days of
				the commencement of the project providing all available information concerning
				the scope and details of the project. Within 30 days of the initiation of a
				project triggered by an emergency situation, the state body or the project
				proponent shall commence full compliance with the provisions of
				950 CMR 71.00. Any emergency
				action taken under 950 CMR 71.10 prior to notification to the MHC shall be the
				minimum action necessary to avoid or eliminate the imminent threat to the
				public health, safety, or the environment. Where the reasons for undertaking
				emergency measures no longer exist, any emergency action taken under 950 CMR
				71.10 shall cease until the provisions of
				950 CMR 71.00 have been
				complied with.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 71.00 - Protection Of Properties Included In The State Register Of Historic Places › Section 71.11 - Failure to Inform the Massachusetts Historical Commission

Current through Register 1525, July 5, 2024
Should a state body or a private project proponent fail to
				notify the MHC about a project, to provide the MHC with the information
				necessary to determine whether the project will adversely affect a State
				Register property, to identify and assess alternatives to the project, to meet
				with the MHC to discuss alternatives, or to respond in detail to the MHC's
				Statement of Prudent or Feasible Alternatives, or proposed Joint Memorandum of
				Prudent and Feasible Alternatives, then the state body shall not proceed with
				the project or in the case of a private project, shall not fund or license such
				project, until the MHC states that such failure has not frustrated the purpose
				of M.G.L. c. 9, §§ 26 through 27C.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 72.00 - Special Property Tax Assessment For Substantial Rehabilitation Of Certain Properties Included In The State Register Of Historic Places › Section 72.01 - Introduction

Current through Register 1525, July 5, 2024
950 CMR 72.00 is issued
				pursuant to M.G.L. c. 59, as amended by St. 1996, c. 191.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 72.00 - Special Property Tax Assessment For Substantial Rehabilitation Of Certain Properties Included In The State Register Of Historic Places › Section 72.02 - Purpose

Current through Register 1525, July 5, 2024
A city or town may, by adoption of an ordinance or bylaw,
				establish a special property tax assessment policy for the substantial
				rehabilitation of owner-occupied residential properties listed in the State
				Register. The Secretary, as chairman of the MHC, is authorized to promulgate
				regulations to implement this policy.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 72.00 - Special Property Tax Assessment For Substantial Rehabilitation Of Certain Properties Included In The State Register Of Historic Places › Section 72.03 - Scope

Current through Register 1525, July 5, 2024
The special property tax assessment for substantial
				rehabilitation of owner-occupied residential properties listed in the State
				Register shall apply to the buildings or structures that are
				rehabilitated.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 72.00 - Special Property Tax Assessment For Substantial Rehabilitation Of Certain Properties Included In The State Register Of Historic Places › Section 72.04 - Definitions

Current through Register 1525, July 5, 2024
Cost of Rehabilitation
shall mean the
				actual cost of rehabilitation relating to one or more of the following:
(a) improvements located on or within the historic building as
				designated;
(b) improvements outside of but directly attached to the
				historic building which are necessary to make the building fully useable, but
				shall not include rentable/habitable floorspace attributable to new
				construction;
(c) architectural and engineering services attributable to the
				design of the improvements; or
(d) costs necessary to maintain the historic character or
				integrity of the building. The cost of rehabilitation shall not include costs
				attributable to landscaping. All expenditures contributing to the cost of
				rehabilitation shall be incurred within a three year period.
MHC
shall mean the Massachusetts
				Historical Commission, a division within the Office of the Secretary of the
				Commonwealth, as established pursuant to M.G.L. c. 9, § 26, and its
				staff.
Owner
shall mean one or more natural
				persons who own a majority interest in residential property.
Rehabilitation
shall mean the process
				of returning a property to a state of utility, through preservation,
				restoration, repair or alteration, which makes possible an efficient
				contemporary use while preserving those portions and features of the property
				that are significant to its historic, architectural and cultural values
				.
Residential Property
shall mean
				property that is occupied exclusively for residential purposes.
Secretary
shall mean the Secretary of
				the Commonwealth, who pursuant to M.G.L. c. 9, § 26 is the designated
				chairman of the MHC.
Secretary of the Interior's Standards
shall mean the United States Secretary of the Interior's Standards for
				Rehabilitation, as set forth in 36 C.F.R. Part 68 (July 1, 1995). This
				reference is available for inspection and copying at the offices of the
				MHC.
State Register
shall mean the State
				Register of Historic Places which is maintained by the MHC pursuant to M.G.L.
				c. 9, § 26C.
Substantial Rehabilitation
shall
				include rehabilitation wherein the cost of rehabilitation is not less than 25%
				of the assessed value of the propertypri or to rehabilitation, and not less
				than 10% of the cost of rehabilitation shall be dedicated to rehabilitation of
				the exterior of the historic building.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 72.00 - Special Property Tax Assessment For Substantial Rehabilitation Of Certain Properties Included In The State Register Of Historic Places › Section 72.05 - Properties Eligible for Special Assessment

Current through Register 1525, July 5, 2024
Residential, owner-occupied property which is listed in the
				State Register, either individually or as a contributing element within an
				historic district, is eligible for the special assessment.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 72.00 - Special Property Tax Assessment For Substantial Rehabilitation Of Certain Properties Included In The State Register Of Historic Places › Section 72.06 - Standards for Rehabilitation

Current through Register 1525, July 5, 2024
The MHC shall apply the Secretary of the Interior's Standards
				in certifying that the proposed rehabilitation is eligible for the special
				assessment.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 72.00 - Special Property Tax Assessment For Substantial Rehabilitation Of Certain Properties Included In The State Register Of Historic Places › Section 72.07 - Method of Calculating Special Assessment

Current through Register 1525, July 5, 2024
The increase in assessed value resulting from substantial
				rehabilitation of eligible properties shall be phased in one-fifth increments
				over a period of five years to the full assessed value of the
				property.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 72.00 - Special Property Tax Assessment For Substantial Rehabilitation Of Certain Properties Included In The State Register Of Historic Places › Section 72.08 - Application for Special Assessment

Current through Register 1525, July 5, 2024
(1) In order
			 for the MHC to certify that the proposed rehabilitation meets the Secretary of
			 the Interior's Standards, the property owner shall submit the following
			 information on a form provided by the MHC:
(a) description of property, including its
			 historic background and any features which lend historic, architectural or
			 cultural significance to the property;
(b) complete rehabilitation plan, including
			 description of work and appropriate photographic documentation, estimated work
			 schedule and completion date;
(c)
			 if the property is located in a local historic district created pursuant to
			 M.G.L. c. 40C or by special act of the General Court, or is designated a land
			 mark pursuant to a special act of the General Court, or is otherwise subject to
			 a preservation ordinance or bylaw adopted pursuant to Mass. Const. Amend. Art.
			 89, § 6, or is subject to a preservation restriction placed in accordance
			 with the provisions of M.G.L. c. 184, § 31, the owner must obtain a
			 certificate of appropriateness or other applicable written approval for the
			 proposed rehabilitation from the appropriate local preservation commission, and
			 must submit a copy of that certificate or other approval to the MHC.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 72.00 - Special Property Tax Assessment For Substantial Rehabilitation Of Certain Properties Included In The State Register Of Historic Places › Section 72.09 - Miscellaneous

Current through Register 1525, July 5, 2024
(1) A municipality may by ordinance or bylaw
			 require that an owner receiving the special assessment agree to mainta in the
			 property which is the subject of the special assessment in accordance with
			 Secretary of the Interior's Standards for a period of time not less than the
			 duration of the special assessment. The municipality may further establish a
			 procedure to revoke the special assessment for violation of that
			 agreement.
(2) If by ordinance or
			 bylaw a municipality requires certification that the completed rehabilitation
			 meets the Secretary of the Interior's Standards, such certification shall be
			 provided by the MHC or by the applicable local preservation commission, on a
			 form provided by the MHC.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 73.00 - Standards For The Awarding Of A Matching Grant Pursuant To The Massachusetts Preservation Projects Fund › Section 73.01 - Purpose

Current through Register 1525, July 5, 2024
The Massachusetts Preservation Projects Fund provides matching
				funds and emergency funds for the preservation of historic properties,
				landscapes and sites listed or eligible to be listed in the State Register of
				Historic Places. The Massachusetts Historical Commission will award grant
				matching funds to those projects that best meet the selection criteria and can
				accomplish the scope of work within the time schedule for project completion.
				The Secretary is authorized to distribute emergency funds.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 73.00 - Standards For The Awarding Of A Matching Grant Pursuant To The Massachusetts Preservation Projects Fund › Section 73.02 - Administration

Current through Register 1525, July 5, 2024
The Massachusetts Historical Commission is under the
				supervision of the Secretary of the Commonwealth. The Secretary may make, amend
				and rescind such rules, forms, applications, and orders as are contemplated by
				the provisions of the General Law and
				950 CMR 73.00. Where good
				cause appears and waiver is not contrary to statute, and/or if applicable, the
				Secretary of the Interiors Standards For Historic Preservation Projects, the
				Secretary may permit deviation from
				950 CMR
				73.00.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 73.00 - Standards For The Awarding Of A Matching Grant Pursuant To The Massachusetts Preservation Projects Fund › Section 73.04 - Disbursement of Funds

Current through Register 1525, July 5, 2024
(1) Grants will be
			 awarded by the MHC in cycles established by the MHC staff. Said grant cycles
			 will be published in the Central Register and press releases will be
			 distributed to newspapers of general and regional circulation, as well as being
			 sent to all local historical commissions, local historic district commissions
			 and interested parties, and will be available for inspection and copying at the
			 offices of the MHC.
(2) Consistent
			 with the number of applications and qualified projects, the MHC may, at its
			 discretion, limit the maximum amount of money which may be made available for
			 any one project or project type. This amount shall be published with the grants
			 cycle.
(3) Funds will be released
			 by the MHC once a grant recipient has expended the total project costs
			 associated with the project and has submitted the required documentation,
			 including evidence of a recorded preservation restriction.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 73.00 - Standards For The Awarding Of A Matching Grant Pursuant To The Massachusetts Preservation Projects Fund › Section 73.05 - Application Process

Current through Register 1525, July 5, 2024
(1) The grant
			 program will be extremely competitive and each eligible applicant applying for
			 a matching grant from the MPPF for allowable costs associated with eligible
			 activities must successfully complete the following two part application
			 process:
Applicant will submit to the MHC an application with supporting
				documentation, as described in guidelines published by the MHC staff, by a date
				specified in the published grant cycle. Applications will be reviewed, using
				the selection criteria set forth in 950 CMR 73.05, by the MHC staff and an
				ad-hoc subcommittee, to be formed from the full Commission.
(2) The MHC staff and ad-hoc subcommittee
			 will present those projects with the highest overall ratings to the MHC for
			 consideration and discussion during a scheduled public meeting of the
			 MHC.
(3) The MHC will make the
			 final decision on whether a matching or endowment grant will be made, with
			 consideration given to the funding level of the MPPF and scope of the proposed
			 work.
(4) The MHC will decide, by a
			 majority vote in open session, which qualified applicants will be awarded a
			 grant.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 73.00 - Standards For The Awarding Of A Matching Grant Pursuant To The Massachusetts Preservation Projects Fund › Section 73.06 - Selection Criteria

Current through Register 1525, July 5, 2024
(1) The application
			 will be reviewed by the MHC staff and assigned a numerical value for satisfying
			 the following criteria:
(a)
Level
			 of Significance
, with preference given to those projects with
			 state and national significance;
(b)
Potential for Loss or
			 Destruction
of the property, or a significant portion thereof.
			 Priority will be given to those properties which are under immediate threat of
			 loss or partial or complete destruction;
(c)
Administrative and Financial
			 Management Capabilities
evidenced through a clearly articulated
			 and organized application including commitment letters, compliance and
			 authorization forms and willingness to enter into a preservation restriction
			 with the MHC;
(d)
Appropriateness of Proposed Work
consisting of
			 technical information, including a project description, budgetary breakdown,
			 clearly established set of priorities and compliance with Secretary of the
			 Interior's Standards shall be demonstrated in all applications. The application
			 shall also require outline plans and specifications;
(e)
Statement of
			 Need
encompassing an explanation of financial circumstances
			 including extent of financial hardship, fund-raising efforts and demonstration
			 of the importance of receipt of grant to the successful completion of the
			 project;
(f)
Extent and
			 Nature of Public Support
including support from appropriate users
			 and community leaders as well as evidence that the applicant has approached the
			 local historical commission for comment and consideration;
(g)
Consistency with Preservation
			 and Revitalization Plans
and priorities for development and
			 protection on the state and local levels;
(h)
Use of Traditional
			 Materials
and historically appropriate building
			 techniques;
(i)
Compliance with Relevant State Laws and Executive
			 Orders
, including Local Housing Policies and State Development
			 Assistance (E.O. 215) and Affirmative Action (E.O. 227) when awarding funds to
			 cities and towns;
(j)
Geographic distribution
with consideration given to
			 the size of the project, as well as the city or town; and,
(k)
First Time
			 Grants
in a community will be given additional
			 consideration.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 73.00 - Standards For The Awarding Of A Matching Grant Pursuant To The Massachusetts Preservation Projects Fund › Section 73.07 - Project Agreements

Current through Register 1525, July 5, 2024
(1) Each grant
			 recipient shall enter into a project agreement with the MHC for the funding of
			 the project. Such project agreement shall contain provisions which shall
			 include, but not be limited to, the following:
(a) MHC approved scope of work;
(b) a preservation project schedule with
			 targeted deadlines for the completion of various stages of the
			 project;
(c) an agreement that the
			 grant recipient will erect a sign prescribed by the MHC, at the project site
			 indicating that it has received matching state funds for the project;
(d) scheduled periodic site visits by MHC to
			 inspect the progress of the project, including final inspection upon completion
			 of the work;
(e) for any total
			 project cost in excess of $100,000, non-profit organizations may only award
			 construction contracts to those contractors and subcontractors that make
			 payments to hospitalization and medical benefits for all their employees
			 employed on the project, make contributions to a retirement plan, and
			 supplementary unemployment benefit plans for their employees; ; however, this
			 requirement shall not apply where the service being contracted for is of such a
			 specialized nature that only a limited number of sources for the service exist,
			 and the nonprofit organization has provided documentation to MHC that sources
			 of such services is extremely limited and MHC has made the determination that
			 the services are of a specialized nature; and
(f) an assurance that required documentation
			 will be submitted upon completion of the work.
(g) Where no bids have been received from
			 contractors that satisfy both the requirements of 950 CMR 73.07(1)(e) and the
			 historic preservation quality assurance requirements, the Secretary of the
			 Commonwealth may waive the requirements of 950 CMR 73.07(1)(e) where it has
			 been demonstrated to his satisfaction that no qualified bids have been
			 received.