Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 23.00 - Review and Approval of Municipal Harbor Plans › Section 23.02 - Definitions

Current through Register 1525, July 5, 2024
Approved MHP
means an MHP approved by
				the Secretary in accordance with
				301 CMR 23.00.
CZM
means the Office of Coastal Zone
				Management established within the Executive Office of Energy and Environmental
				Affairs pursuant to M.G.L. c. 21A, § 4A.
CZM Policies
means the policies set
				forth in
				301 CMR 20.00:
Coastal Zone Management Program
.
CZM Program
means the Massachusetts
				Coastal Zone Management Program established pursuant to M.G.L. c. 21A and
				codified in
				301 CMR 20.00:
Coastal Zone Management Program
.
DCR
means the Department of
				Conservation and Recreation.
DEP
means the Department of
				Environmental Protection.
Designated Port Area (DPA)
means an
				area of contiguous lands and waters in the coastal zone that has been so
				designated in accordance with
				301 CMR
				25.00:
Designation of Port Areas
.
				Copies of official DPA maps and any superseding revisions are available from
				CZM.
Director
means the Director of CZM as
				provided in M.G.L. c. 21A, § 4A.
DPA Master Plan
means the component of
				an MHP pertaining to lands and waters of a DPA within the municipality. The DPA
				may be segmented for purposes of phasing the development of a Master Plan over
				time.
Environmental Monitor
means the publication published by the Secretary and further described
				in
				301 CMR
				11.15:
Public Notice and the
				Environmental Monitor
.
Harbor Planning Area
means the segment
				of a coastal or other waterway for which an MHP is developed. The Harbor
				Planning Area should include all areas that are relevant to the functional use
				and management of the harbor or other waterway segment in question. Functional
				use refers to those activities that have the potential to promote or impair
				water-dependent activity or public use or enjoyment of waterways or shorelands.
				The landward boundary of any Harbor Planning Area subject to
				301 CMR 23.00 shall encompass
				all filled tidelands subject to the jurisdiction of DEP pursuant to
				310 CMR
				9.04:
Geographic Areas Subject to
				Jurisdiction
. The Harbor Planning Area may be segmented for purposes
				of phasing the development of an MHP over a period of time.
Harbor Planning Group
means a group
				designated by the municipal official for purposes of developing or overseeing
				development of an MHP. The group should include individuals knowledgeable of
				the planning area in question, and must include a representative of the
				planning board.
MEPA
means the Massachusetts
				Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H, and
				301 CMR
				11.00:
MEPA Regulations
.
Municipal Harbor Plan (MHP)
means a
				document (in words, maps, illustrations, and other media of communication) or
				amendment thereto, submitted in accordance with
				301 CMR 23.04,
				setting forth:
(a) a community's general goals and objectives for a Harbor
				Planning Area, and a corresponding expression of the applied policies that have
				been established to guide development and other human activity in various
				sub-areas, in terms of its desired sequence, patterns, limits, and other
				characteristics;
(b) an implementation program that specifies the legal and
				institutional arrangements, financial strategies, and other measures that will
				govern public and private utilization of harbor waters and lands, in accordance
				with the applied policies the community has established for each
				sub-area;
(c) the date on which the municipality proposes to submit the
				MHP for renewal in accordance with
				301 CMR
				23.06(2);
(d) a planning analysis that synthesizes the technical data,
				community input, and other information that served as the basis for evaluating
				tradeoffs among alternatives and choosing preferred courses of action;
(e) a review of the public participation process that
				contributed to the formulation of the substantive elements of the MHP as
				described in 301 CMR 23.02:
Municipal Harbor Plan
				(MHP)
(a) through (d); and
(f) other elements as may be deemed appropriate by the
				Secretary to serve the purposes of
				301 CMR 23.00.
Municipality
means any city or town of
				the Commonwealth of Massachusetts.
Municipal Official
means the mayor of
				a city, the board of selectmen of a town, or the council of a municipality
				having a manager-council form of government.
Notice to Proceed
means a written
				statement issued in accordance with the provisions of
				301 CMR
				23.03.
Person
means any individual,
				corporation, partnership, trust, association, or other business or non-profit
				organization, or any state, federal, municipal, or regional governmental,
				intergovernmental or other entity.
Planning Representative
means the
				person(s) designated by the municipal official to represent the municipality in
				all proceedings under
				301 CMR 23.00.
Regional Planning Agency
means one of
				the six coastal regional planning organizations established pursuant to
				statewide enabling legislation that help communities plan and implement short-
				and long-range improvements for transportation, economic development,
				environmental, land use, and community development needs.
Secretary
means the Secretary of the
				Executive Office of Energy and Environmental Affairs.
State Agency
means a public agency of
				the Commonwealth.
State Project
means any work, action,
				conduct, alteration, change of use, or other activity that is the subject of a
				license or permit application submitted to DEP, in accordance with the
				Waterways Regulations, by a state agency for the provision of facilities or
				services directly to the public (or to another public agency for such provision
				to the public) by the state agency or its contractor or agent.
Supporting DPA Use
means a use so
				defined in accordance with
				310 CMR 9.02:
Definitions
.
Temporary Use
means a use so defined
				in accordance with
				310 CMR 9.02:
Definitions
.
Tidelands
means present and former
				submerged lands and tidal flats lying between the present or historic high
				water mark, whichever is farther landward, and the seaward limit of state
				jurisdiction. Tidelands include both flowed and filled tidelands as defined in
				310 CMR 9.02:
Definitions
.
Waterway
means any area of water and
				associated submerged land or tidal flat lying below the high water mark of any
				navigable river or stream, any Great Pond, or any portion of the Atlantic Ocean
				within the Commonwealth, which is subject to
				310 CMR
				9.04:
Geographic Areas Subject to
				Jurisdiction
.
Waterways Regulations
means the
				regulations established by DEP under M.G.L. c. 91, at
				310 CMR
				9.00:
Waterways
.