Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 20.00 - Coastal Zone Management Program › Section 20.02 - Definitions

Current through Register 1525, July 5, 2024
Coastal Atlas
means Volume II (Chapter
				5) of the 1977 Massachusetts Coastal Zone Management Program and Draft
				Environmental Impact Statement.
Coastal Effects
means any reasonably
				foreseeable effects on any land or water use or natural resource of the Coastal
				Zone resulting from a Federal Action, and as further defined in the Federal
				Consistency Regulations, 15 CFR 930, Subparts A through I. Coastal Effects is
				synonymous with "effects on any coastal use or resource".
Coastal Program Policies
means the
				written descriptions of policy, including both summary statements and expanded
				policy context and elements, as set forth in the latest edition of the CZM
				Policy Guide, together with the substantive content of all statutes,
				regulations, and other legal authorities serving as the basis for such policy
				descriptions and as identified in the CZM Policy Guide. Coastal Program
				Policies is synonymous with CZM policies.
Coastal Zone
means the coastal zone of
				Massachusetts established pursuant to the Coastal Zone Management Act (
				16 U.S.C.
				1451
et seq.).
The coastal
				zone is that area of waters and adjacent shorelands bounded by the outer
				seaward limit of the Commonwealth's title and ownership under M.G.L. c. 1,
				§ 3; the northern boundary between the Commonwealth and New Hampshire and
				the southern boundary between the Commonwealth and Rhode Island, as established
				by interstate compact, agreement, judicial decision, or as otherwise provided
				by law; and the inland line described and delineated in the CZM Policy Guide
				and the Coastal Atlas, as may be amended. The coastal zone includes all of
				Barnstable County and all islands contained within the delineated area,
				including specifically Martha's Vineyard, Nantucket, and the Elizabeth Islands.
				It excludes lands subject solely to the discretion of or which is held in trust
				by the federal government, its officers or agents.
Coastal Zone Management Act (CZMA)
means the Federal Coastal Zone Management Act of 1972 (
				16 U.S.C.
				1451
et seq.).
Coastal Zone Management Program
means
				the comprehensive documentation that sets forth the objectives, policies,
				standards, guidelines, designations, rules, regulations, executive orders,
				interagency agreements, procedures, and other instruments of law and
				administration serving to guide public and private uses of lands and waters in
				or affecting the Coastal Zone, and which has obtained written approval from the
				Office of Ocean and Coastal Resource Management (OCRM), National Oceanic and
				Atmospheric Administration, United States Department of Commerce. Such
				documentation includes, but is not limited to, the latest edition of the CZM
				Policy Guide, the Coastal Atlas, and the 1978 Final Environmental Impact
				Statement, except for any content that has been superseded by program
				implementation documentation approved subsequently by OCRM. Coastal Zone
				Management Program is synonymous with CZM Program and the state Coastal
				Management Program as defined by the federal Coastal Zone Management
				Act.
CZM Office (also CZM)
means the
				Massachusetts Office of Coastal Zone Management (CZM), established pursuant to
				M.G.L. c. 21A, § 4A.
CZM Policy Guide, or the Massachusetts Office of
				Coastal Zone Management Policy Guide
means the official document,
				containing the official policies of the Commonwealth's Coastal Management
				Program and explaining the federal consistency review process in Massachusetts
				as published by the CZM Office and approved by OCRM.
EEA
means the Massachusetts Executive
				Office of Energy and Environmental Affairs, established pursuant to M.G.L. c.
				21A.
Enforceable Policies
means the Coastal
				Program Policies or portions thereof that are enforceable for federal
				consistency purposes. Pursuant to the CZMA and Federal Consistency Regulations,
				15 CFR 930, Subparts A through I, such Enforceable Policies are legally binding
				through constitutional provisions, laws, regulations, land use plans,
				ordinances, or judicial or administrative decisions that have been incorporated
				into the federally-approved Coastal Zone Management Program and by which the
				Commonwealth of Massachusetts exerts control over private and public land and
				water uses and natural resources in its Coastal Zone. Enforceable Policies also
				may be based on Gubernatorial Executive Orders, which remain in full force and
				effect except upon formal rescission by the Governor, and on any provisions of
				federal law under which the Commonwealth exercises delegated authority to
				control land and water uses in state or federal waters. The Enforceable
				Policies are identified as such in the CZM Policy Guide. Enforceable Policies
				rely solely on existing legal authorities and shall not be construed as an
				expansion of state authority beyond existing law.
Environmental Monitor
means the semi-monthly publication of proposed actions and projects
				that require filings with the Secretary pursuant to M.G.L. c. 30, §§
				61 through 62H and
				301 CMR
				11.00:
MEPA Regulations.
Federal Action
means a federal action
				subject to the federal consistency requirement of
				16 U.S.C.
				1451
et seq.
and as further
				defined in the Federal Consistency Regulations, 15 CFR 930, Subparts A through
				I. Such actions include Federal Development Projects and other Federal Agency
				Activities; Federal License or Permit Activities; Outer Continental Shelf
				Exploration, Development, and Production Activities; and Federal Assistance to
				State and Local Governments.
Federal Consistency Regulations
means
				the regulations of the National Oceanic and Atmospheric Administration (NOAA)
				entitled Federal Consistency With Approved Coastal Management Programs, 15 CFR
				930, Subparts A through I.
MEPA
means the Massachusetts
				Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H and
				implementing regulations at
				310 CMR 11.00:
MEPA
				Regulations
Network Agency
means any office,
				department, division, or other unit of EEA that carries out projects in the
				Coastal Zone, has legal authority and/or programmatic responsibility for
				implementation of any Coastal Program Policies, or is otherwise identified in
				the federally-approved CZM Program.
OCRM
means the Office of Ocean and
				Coastal Resource Management, National Oceanic and Atmospheric Administration,
				U.S. Department of Commerce.
OCS Plan
means a plan for the
				exploration or development of, or production from, any area which has been
				leased under the Outer Continental Shelf Lands Act (
				43
				U.S.C. §
									1331
et
seq.)
				and regulations, which is submitted to the Secretary of the Interior or its
				designee and which describes in detail federal license or permit
				activities.
Secretary
means the Secretary of the
				Massachusetts Executive Office of Energy and Environmental Affairs or his or
				her designee.