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 71.03 - Definitions

Current through Register 1525, July 5, 2024
As used in
				950 CMR 71.00:
Area of Potential Impact
means that
				geographical area within which direct and indirect effects generated by the
				project could reasonably be expected to occur and to cause a change in the
				historical, architectural, archaeological, or cultural qualities possessed by a
				State Register property.
Consulting Parties
means the
				Massachusetts Historical Commission, the state body, and the project proponent
				participating in the consultation process.
Executive Director
means the Director
				of the Massachusetts Historical Commission or a designee authorized to act for
				the Executive Director.
Interested Parties
means any
				organization or individual who is concerned with the effects of a project on a
				State Register property.
Inventory
means the Inventory of
				Historic and Archaeological Assets of the Commonwealth which is compiled and
				maintained by the MHC pursuant to M.G.L. c. 9, §§ 26 and 26A(1). The
				Inventory includes records of districts, buildings, sites, areas, structures,
				bridges, objects, specimens, burial grounds, streetscapes, parks, and
				landscapes located within the Commonwealth. The Inventory is maintained in
				computer files, paper files, maps, and ancillary reports which are located at
				the office of the MHC, and contains over 200,000 records. The Inventory of
				Archaeological Sites and Specimens maintained pursuant to M.G.L. c. 9,
				§§ 26A(1) is not a public record and is available for inspection at
				the discretion of the State Archaeologist. The Inventory of Historical Assets
				is public information and available for public access pursuant to M.G.L. c.
				66.
Local Historical Commission
means any
				commission of a city or town established under M.G.L. c. 40, §§ 8D or
				Special Act, to advise the city or town in historic preservation
				matters.
Local Historic District Commission
means any commission of a city or town established under M.G.L. c. 40C or
				Special Act, to administer local historic districts or local landmarks.
License
means a permit, determination,
				order or other action, including the issuance of a lease, license, permit,
				certificate, variance, approval, or other entitlement for use, granted by a
				state body for a project to any private person, firm, corporation, trust,
				voluntary association, or other form of business organization, or any state or
				local governmental, or other entity which is not a state body; but shall not
				include a general entitlement to a person to carry on a trade or profession or
				to operate mechanical equipment which does not depend upon the location of such
				trade or operation.
MHC
means the Massachusetts Historical
				Commission as defined in M.G.L. c. 9, §§ 26 or its staff designated
				to carry out its responsibilities.
Project
means action, activity,
				program, construction, or land modification, including, but not limited to, a
				building or structure, either directly undertaken by a state body, or which if
				undertaken by a private project proponent, in whole or in part, seeks the
				provision of financial assistance by a state body, or, in whole or in part,
				requires the issuance of a license by a state body.
Project Notification Form
means the
				form provided by the MHC that is completed by a state body or a private project
				proponent in order to notify the MHC of a project requiring review under M.G.L.
				c. 9, §§ 26 through 27C; included in
				950 CMR 71.00 as Appendix
				A.
Project Proponent
means a state body
				undertaking a project or a private person, firm, corporation, trust, voluntary
				association, or other form of business organization, or any state or local
				governmental, or other entity which is not a state body undertaking a project
				that seeks the provision of financial assistance by a state body, in whole or
				in part, or requires the issuance of a license by a state body, in whole or in
				part.
State Body
means any agency, executive
				office, department, board, commission, bureau, division, or authority of the
				Commonwealth established to serve a public purpose.
State Register
means the State
				Register of Historic Places. The State Register shall contain the following
				properties:
(a) all districts, sites, buildings, or objects determined
				eligible for listing or listed in the National Register of Historic Places.
				These include properties listed in the National Register under provisions
				outlined in 36 C.F.R. Part 60 or properties determined eligible for listing in
				the National Register under provisions outlined in 36 C.F.R. Part 63 ;
(b) all local historic districts established pursuant to M.G.L.
				c. 40C or special legislation;
(c) all landmarks designated under local ordinances or
				by-laws;
(d) all structures and sites subject to preservation easements
				approved or held by the MHC pursuant to M.G.L. c. 184, §§ 32;
(e) all historical or archaeological landmarks certified
				pursuant to M.G.L. c. 9, §§ 27; and (f) all properties listed by the
				MHC pursuant to M.G.L. c. 9, §§ 26D.
State Register Property
means a
				district, site, building, structure, or object included in the State
				Register.