reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN › Section 28.04 - Management Areas and Standards

Current through Register 1525, July 5, 2024
(1)
Management Areas
. Within the Ocean Management Planning
			 Area, the following management areas are defined in the Ocean Management Plan:
(a)
Prohibited
			 Areas
. Areas where Activities are expressly prohibited by either
			 the Ocean Sanctuaries Act or Ocean Management Plan.
(b)
Wind Energy
			 Areas
. Areas suitable and presumptively allowed for
			 community-scale wind energy facilities and other renewable energy Activities
			 subject to standards and conditions contained in the Ocean Management Plan and
			 301 CMR
			 28.00.
(c)
Multi-use Areas
. Areas, including portions of state
			 waters not identified as Ocean Sanctuaries pursuant to the M.G.L. c. 132A
			 § 13(a), where Activities allowed under the Ocean Sanctuaries Act and 301
			 CMR 27.00:
Ocean Sanctuaries
are subject to the standards and
			 conditions contained in the Ocean Management Plan and
			 301 CMR
			 28.00.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN › Section 28.05 - Consistency of Agency Authorizations

Current through Register 1525, July 5, 2024
(1) It
			 shall be the responsibility of all Agencies to ensure that all certificates,
			 licenses, permits and approvals for any proposed Activities in the Ocean
			 Management Planning Area and subject to the jurisdiction of the Ocean
			 Management Plan, as contained in
			 301 CMR 28.03, are
			 consistent, to the maximum extent practicable, with the provisions of said
			 plan.
(2) In issuing licenses,
			 permits and approvals for the Activity, Agencies shall act consistently, to the
			 maximum extent practicable, with the Secretary's findings and determinations
			 contained in a MEPA certificate, including as they may apply to the Activity's
			 compliance with the management standards contained in
			 301 CMR
			 28.04(2). An Agency may also
			 rely upon such findings and determinations of the Secretary when reviewing and
			 taking action on an application or request by a proponent for a license, permit
			 or approval from the Agency for the Activity.
(3) An Agency shall include a determination
			 in its M.G.L. c. 30, § 61 findings pursuant to MEPA, that all feasible
			 measures have been taken such that its approval of the Activity is consistent
			 with the Ocean Management Plan and
			 301 CMR
			 28.00. The Agency shall specify any measures required
			 to achieve consistency, the Person or Agency responsible for funding and
			 implementing such measures, and the anticipated implementation schedule that
			 will ensure that the measures shall be implemented prior to, or when
			 appropriate, in relation to timing of unavoidable impacts.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN › Section 28.06 - Ocean Development Mitigation Fee

Current through Register 1525, July 5, 2024
(1)
			 Any Activity subject to the jurisdiction of the Ocean Management Plan and these
			 regulations and requiring a permit or license issued by a department, division,
			 commission, or unit of the Executive Office of Energy and Environmental Affairs
			 and other affected agencies or departments of the commonwealth shall be subject
			 to an Ocean Development Mitigation Fee as established by the Secretary. The
			 purpose of the fee is to compensate the Commonwealth for unavoidable impacts of
			 ocean development Activities on the broad public interests and rights in the
			 lands, waters, and resources of the Ocean Planning Area and to support the
			 planning, management, restoration, or enhancement of marine habitat, resources,
			 and uses pursuant to the Massachusetts Oceans Act. No portion of the fee
			 assessed by the Secretary shall be based on the Activity requiring a commercial
			 or recreational fishing permit or license.
(2) All fees assessed by the Secretary shall
			 be deposited in the Ocean Resources and Waterways Trust pursuant to M.G.L. c.
			 10, § 35HH and shall be administered in accordance with the purposes of
			 the Fund and guidelines established by the Secretary.
(3) The fee structure for ocean development
			 Activities subject to the Ocean Management Plan and
			 301 CMR
			 28.00 shall be contained and promulgated in the Ocean
			 Management Plan.
(4) The Ocean
			 Development Mitigation Fee as determined by 301 CMR 28.06(3) will be listed in
			 the final MEPA certificate.
(5)
			 Nothing in 301 CMR 28.06 shall modify or otherwise affect an Agency's
			 independent authority to require the Proponent to provide mitigation or
			 compensation in
lieu
of mitigation as a condition of a permit
			 or license issued by the Agency for the Activity.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN › Section 28.07 - Standards for Plan Review, Amendments, and Updates

Current through Register 1525, July 5, 2024
(1) Consistent with M.G.L. c. 21A, § 4C,
			 the development and revision of the Ocean Management Plan is the authority and
			 responsibility of the Secretary. The Office of Coastal Zone Management will
			 support the Secretary, and act on his or her behalf as delegated, in the
			 administration, implementation, and oversight of the Ocean Management Plan and
			 301 CMR
			 28.00.
(2)
			 The Secretary shall ensure that the Ocean Management Plan, its baseline
			 assessment, and the enforceable provisions of relevant statutes and regulations
			 are reviewed at least once every five years.
(3) The scope of such review will be
			 determined by the Secretary in consultation with the Ocean Advisory Commission
			 and the Ocean Science Advisory Council.
(4) The following changes to the Ocean
			 Management Plan shall be made only through an amendment:
(a) The revision of existing or the creation
			 of new management area locations or boundaries, excepting minor
			 adjustments;
(b) The substantial
			 revision of existing or the creation of new management standards;
(c) The identification of new or removal of
			 current protected Special, Sensitive, or Unique Resources;
(d) The identification of new or removal of
			 current protected areas of Concentrations of Water-dependent Uses;
			 or,
(e) Other changes that would
			 result in significant alteration to the management framework or geographic
			 extent of the plan.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN › Section 28.08 - Data Standards

Current through Register 1525, July 5, 2024
(1) For Proponents
			 seeking to demonstrate that the maps contained in the Ocean Management Plan do
			 not accurately characterize the protected resource or use pursuant to
			 301 CMR
			 28.04(2)(a)1., the standards
			 in 301 CMR 28.08(1)(a) and (b) apply:
(a)
			 Consultation with the Secretary, the Office of Coastal Zone Management, and
			 other Agencies with expertise or authority is advised in order to review any
			 proposed effort to map or otherwise characterize protected resources or
			 uses.
(b) Information presented
			 must be based on site-specific investigation or characterization that conforms
			 with contemporary and accepted standards.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN › Section 28.09 - Severability

Current through Register 1525, July 5, 2024
If any section or clause of
				301 CMR
				28.00 is held invalid or unconstitutional by a court
				of competent jurisdiction, the remainder shall not be affected
				thereby.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 40.00 - Toxic Use Fee › Section 40.01 - Authority and Purpose

Current through Register 1525, July 5, 2024
(1)
Authority
. The Administrative Council On Toxics Use
			 Reduction adopts
			 301 CMR
			 40.00 pursuant to M.G.L. c. 21I, §§ 4(C) and
			 19.
(2)
Purpose
. The Administrative Council on Toxics Use
			 Reduction promulgates
			 301 CMR
			 40.00 to carry out its authority and responsibility:
(a) to promote the coordination and
			 enforcement of federal and state laws and regulations pertaining to chemical
			 production and use, hazardous waste, industrial hygiene, worker safety, public
			 exposure to toxics and the release of toxics into the environment;
(b) to coordinate state programs in order to
			 promote most effectively toxics use reduction in the Commonwealth;
(c) to minimize unnecessary duplication of
			 reporting requirements concerning chemical or hazardous substance production,
			 use, release, disposal, and worker exposure;
(d) to provide up-to-date and consistent
			 information about manufacturing, worker exposure, distribution, process, sale,
			 storage, release or other use of chemicals on a facility, regional and
			 statewide basis;
(e) to adjust and
			 to determine the toxics use fee under M.G.L. c. 21I, § 19; and
(f) to otherwise effectuate the purposes of
			 M.G.L. c. 21I.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 40.00 - Toxic Use Fee › Section 40.03 - Toxics Use Fees

Current through Register 1525, July 5, 2024
(1)
Applicability.
(a)
			 For each facility in each year that a toxics user is required to file a toxics
			 use report in accordance with M.G.L. c. 21I, the toxics user shall pay to the
			 department a toxics use fee calculated pursuant to 301 CMR 40.03.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 40.00 - Toxic Use Fee › Section 40.04 - Late Fee

Current through Register 1525, July 5, 2024
A toxics user shall pay an additional $1,000.00 administrative
				fee if:
(a) the toxics user fails to
			 file a toxics use report within 30 days after July
			 1st of the applicable year in which the toxics use
			 report is required; or
(b) the
			 toxics user fails to make payment of an assessed toxics use fee within 30 days
			 of the date payment is due as specified by the department.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 40.00 - Toxic Use Fee › Section 40.05 - Fee Waiver

Current through Register 1525, July 5, 2024
(1) On or before
			 July 1st of any year, any toxics user who employs
			 the equivalent of fewer than 100 full-time individuals may apply to the
			 Commissioner for a waiver of the toxics use fee for that year. The Commissioner
			 may prescribe the information, form and manner of the submittal of waiver
			 applications. Such information shall include an explanation of why the toxics
			 user is requesting a waiver of the toxics use fee, including a description of
			 specific circumstances affecting the toxics user, and shall include supporting
			 documentation including, but not limited to, the following;
(a) a copy of the toxics user's federal tax
			 returns for the most recent three years and a completed Form 4506-T authorizing
			 the Internal Revenue Service to provide a transcript of the three year's tax
			 returns to the Department; and
(b)
			 if applicable, a copy of Court documents showing approval of Chapter 11
			 bankruptcy application.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 41.00 - Toxic Or Hazardous Substance List › Section 41.01 - Authority and Purpose

Current through Register 1525, July 5, 2024
(1)
Authority
. The Administrative Council On Toxics Use
			 Reduction adopts
			 301 CMR 41.00 pursuant to
			 M.G.L. c. 21I, §§ 4(C) and 9.
(2)
Purpose
. The
			 Administrative Council on Toxics Use Reduction promulgates
			 301 CMR 41.00 to carry out
			 its authority and responsibility:
(a) to
			 promote the coordination and enforcement of federal and state laws and
			 regulations pertaining to toxics production and use, hazardous waste,
			 industrial hygiene, worker safety, public exposure to toxics and the release of
			 toxics into the environment;
(b) to
			 coordinate state programs in order to promote, most effectively, toxics use
			 reduction in the Commonwealth;
(c)
			 to minimize unnecessary duplication of reporting requirements concerning toxic
			 or hazardous substance production, use, release, disposal, and worker
			 exposure;
(d) to provide up-to-date
			 and consistent information about manufacturing, worker exposure, distribution,
			 process, sale, storage, release or other use of toxics on a facility, regional
			 and statewide basis;
(e) to adjust
			 the toxic or hazardous substance list under M.G.L. c. 21I, § 9 by adding
			 or deleting substances consistent with the changes on the Toxic Chemical List
			 established pursuant to Section 313 of the Emergency Planning and Community
			 Right-to-Know Act (EPCRA);
(f) to
			 adjust the toxic or hazardous substance list under M.G.L. c. 21I, § 9 by
			 retaining or deleting substances listed pursuant to sections 101(14) and 102 of
			 the Comprehensive Environmental Response Compensation and Liability Act
			 (CERCLA) and to furthermore adjust the toxic or hazardous substance list by
			 adding or deleting substances consistent with changes to the lists established
			 pursuant to said sections of CERCLA;
(g) to designate toxic or hazardous
			 substances as higher hazard substances or lower hazard substances;
			 and
(h) to otherwise effectuate the
			 purposes of M.G.L. c. 21I.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 41.00 - Toxic Or Hazardous Substance List › Section 41.03 - Toxic or Hazardous Substance List

Current through Register 1525, July 5, 2024
(1)
			 For calendar year reporting period 2002 and thereafter, the toxic or hazardous
			 substance list shall consist of the substances identified on the toxic chemical
			 list pursuant to section 313 of EPCRA as of January 1, 2002 and the substances
			 listed pursuant to sections 101(14) and 102 of CERCLA as of January 1, 2002,
			 excluding the following substances:
(a)
			 copper, nickel, chromium, cobalt or manganese in a solid or molten metal alloy,
			 but not including aerosols, where aerosol is defined as airborne particles less
			 than 50 µm in diameter;
(b)
			 chromium HI oxide;
(c)
			 hydroquinone, provided however that hydroquinone shall not be delisted for
			 toxics users who manufacture hydroquinone;
(d) acetic acid at concentrations less than
			 or equal to 12%;
(e) zinc
			 oxide;
(f) radionuclides;
(g) silver-copper mixture when contained in
			 an alloy form, but not including aerosols of the alloy where aerosol is defined
			 as airborne particles less than 50 µmm in diameter;
(h) zero valance silver and copper, but not
			 including aerosols of silver-copper alloy where aerosol is defined as airborne
			 particles less than 50 µm in diameter; and
(i)  zinc stearate.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 41.00 - Toxic Or Hazardous Substance List › Section 41.04 - Amendment of the Toxic or Hazardous Substance List

Current through Register 1525, July 5, 2024
(1) The council may amend the toxic or
			 hazardous substance list by adding or deleting substances. The council shall
			 add no more than ten substances in any year. The council shall delete no more
			 than ten substances in any year. Any addition or deletion of a substance shall
			 take effect the calendar year immediately following the year in which the
			 addition or deletion is codified in
			 301 CMR
			 41.00.
(2)
			 The council shall adjust the toxic or hazardous substance list each year to add
			 or delete substances consistent with changes in the toxic chemical list
			 established pursuant to EPCRA § 313 and with changes in the lists of
			 chemicals established pursuant to CERCLA §§ 101(14) and 102. The
			 council shall make additions and deletions under
			 301
			 CMR 41.04(2)  in addition to
			 any actions it takes under
			 301
			 CMR 41.04(1).
(3) In adding or deleting substances under
			 301
			 CMR 41.04(1), the council
			 shall consider recommendations from the Toxics Use Reduction Institute and the
			 Science Advisory Board.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 41.00 - Toxic Or Hazardous Substance List › Section 41.05 - Designation of Higher Hazard and Lower Hazard Substances

Current through Register 1525, July 5, 2024
(1) The council shall designate substances as
			 higher hazard substances, lower hazard substances, or may leave substances as
			 otherwise uncategorized substances. The council shall designate no more than
			 ten higher hazard substances and no more than ten lower hazard substances in
			 any year. Any designation of a substance as a higher hazard or a lower hazard
			 substance shall not take effect until the calendar year immediately following
			 the year in which the designation is codified in
			 301 CMR
			 41.00.
(2)
			 In designating substances as higher hazard or lower hazard substances under
			 301
			 CMR 41.05(1), the council
			 shall consult with the Toxics Use Reduction Institute and the Science Advisory
			 Board.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 41.00 - Toxic Or Hazardous Substance List › Section 41.06 - Higher Hazard Substances

Current through Register 1525, July 5, 2024
(1) For calendar
			 year reporting period 2008 and thereafter, those substances identified as
			 chemicals of special concern in 40 CFR Part 372.28 shall be designated as
			 higher hazard substances.
(2) For
			 calendar year reporting period 2008 and thereafter, the following substances
			 shall be designated as higher hazard substances:
CAS#
Chemical Name
79-01-6
Trichloroethylene
7440-43-9
Cadmium Cadmium Compounds
(3) For
			 calendar year reporting period 2009 and thereafter, the following substance
			 shall be designated as a higher hazard substance:
CAS #
Chemical Name
127-18-4
Perchlorethylene
(4) For
			 calendar year reporting period 2012 and thereafter, the following substances
			 shall be designated as higher hazard substances:
CAS #
Chemical Name
50-00-0
Formaldehyde
Hexavalent Chromium Compounds
(5) For
			 calendar year reporting period 2014 and thereafter, the following substance
			 shall be designated as a higher hazard substance:
CAS #
Chemical Name
75-09-2
Methylene chloride
(6) For
			 calendar year reporting period 2016 and thereafter, the following substances
			 shall be designated as higher hazard substances:
CAS #
Chemical Name
106-94-5
1-Bromopropane
68-12-2
Dimethylformamide
7664-39-3
Hydrogen fluoride
Cyanide compounds
(7) For
			 calendar year reporting period 2017 and thereafter, the following substances
			 shall be designated as higher hazard substances:
CAS #
Chemical Name
584-84-9
2,4 - Toluene diisocyanate
91-08-7
2,6 - Toluene diisocyanate
26471-62-5
Toluene diisocyanate - mixed isomers
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 41.00 - Toxic Or Hazardous Substance List › Section 41.07 - Lower Hazard Substances

Current through Register 1525, July 5, 2024
(1) For calendar
			 year reporting period 2009 and thereafter, the following substances shall be
			 designated as lower hazard substances:
CAS #
Chemical Name
78-83-1
Isobutyl alcohol
78-92-2
Sec-butyl alcohol
71-36-3
N-butyl alcohol
(2) For
			 calendar year reporting period 2010 and thereafter, the following substances
			 shall be designated as lower hazard substances:
CAS #
Chemical Name
123-86-4
Butyl acetate
110-19-0
Isobutyl acetate
7705-08-0
Ferric chloride
10028-22-5
Ferric sulfate
7758-94-3
Ferrous chloride
7720-78-7
Ferrous sulfate
7782-63-0
Ferrous sulfate
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.01 - Definitions

Current through Register 1525, July 5, 2024
Acquisition
. Obtaining real property
				by gift, purchase, devise, grant, eminent domain, rental, rental-purchase, or
				otherwise.
Article 97 Purposes
. The purposes set
				forth in Article 97 of the Amendments to the Massachusetts Constitution and/or
				conservation or open space purposes set forth in any other enabling legislation
				of any EEA Agency.
Central Register
.
The
Central Register
published by the Secretary of State of the
				Commonwealth pursuant to M.G.L. c. 9, § 20A.
DCAMM
. The Division of Capital Asset
				Management and Maintenance of the Executive Office for Administration and
				Finance.
EEA
. The Executive Office of Energy
				and Environmental Affairs of the Commonwealth.
EEA Agency
. The relevant agency,
				department or division of EEA, including but not limited to the Department of
				Conservation and Recreation, Department of Fish and Game and its Division of
				Fisheries and Wildlife, and the Department of Agricultural Resources.
EEA Agency Head
. The board or officer
				of an EEA Agency authorized to acquire real property on behalf of the
				Commonwealth of Massachusetts.
Public Officials
. The city manager in
				the case of a city under Plan E form of government, the mayor and the city
				council in the case of all other cities, the chairman of the board of selectmen
				in the case of a town, the county commissioners, the regional planning agency
				and the members of the general court.
Real Property
. Any interest in real
				property, including but not limited to fee simple, leaseholds, easements,
				restrictions and reversions acquired for Article 97 purposes as defined in
				301 CMR
				51.00.
Secretary
. The Secretary of the
				Executive Office of Energy and Environmental Affairs.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.02 - Applicability

Current through Register 1525, July 5, 2024
301 CMR
				51.00 shall apply to all acquisitions of real property
				for Article 97 purposes by any EEA Agency.
				301 CMR
				51.00 shall not apply to any acquisition of a capital
				facility, as defined in M.G.L. c. 7C, § 1, whether or not by an EEA
				Agency. Whether an acquisition of real property which includes an existing or
				subsequent structure is for Article 97 purposes or constitutes a capital
				facility shall be the sole determination of the EEA Agency Head. Any deed or
				other instrument of conveyance stating that real property is being acquired for
				Article 97 purposes shall create a conclusive presumption that the acquisition
				is for Article 97 purposes and does not constitute the acquisition of a capital
				facility.
Any EEA Agency may acquire real property for the Commonwealth
				for Article 97 purposes if and to the extent authorized by statute to do so.
				Only an authorized EEA Agency shall determine what real property to acquire for
				Article 97 purposes.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.03 - General Provisions

Current through Register 1525, July 5, 2024
Methods of Acquisition
.
(1) Real property may be acquired by the
			 Commonwealth for the use of an EEA Agency by gift, purchase, devise, grant,
			 eminent domain, rental, lease, rental-purchase or otherwise.
(2) All real property acquired for the use of
			 an EEA Agency shall be acquired and held in the name of the Commonwealth of
			 Massachusetts acting through that acquiring EEA Agency.
(3) The granting or demising clause of any
			 instrument granting or demising real property to the Commonwealth shall read as
			 follows: "... to the Commonwealth of Massachusetts, acting by and through its
			 (Department, Commission, Board or Division of the Executive Office of Energy
			 and Environmental Affairs)....".
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.04 - Preparation for Real Property Acquisition

Current through Register 1525, July 5, 2024
Due Diligence
. The following shall be
				obtained for each parcel of real property or interest therein to be acquired on
				behalf of the Commonwealth.
(1)
Appraisal
. In accordance with policies and
			 specifications established by the Secretary, and except as may otherwise be
			 determined by the Secretary, two appraisals by real estate appraisers certified
			 or licensed pursuant to M.G.L. c. 112, dated no earlier than a year prior to
			 the date of execution of the acquisition agreement or conveyancing documents
			 are required with respect to each acquisition of real property. Appraisals
			 shall not be required for gifts or devises of real property.
(2)
Title
. A title
			 report, including an attorney's certification of title on a form prescribed by
			 the Secretary after consultation with the Commissioner of DCAMM, performed in
			 accordance with policies and specifications established by the Secretary, is
			 required with respect to each acquisition of real property. The title
			 certification shall have attached to it true copies of all documents relative
			 to and evidencing the encumbrances and defects to title, if any, listed by the
			 certifying attorney.
(3)
Environmental Site Assessment
. A commercially
			 reasonable environmental site assessment is required when determined by the EEA
			 Agency Head to be appropriate, for the acquisition of a parcel of real property
			 or interest therein. Any such assessment shall be sufficient to permit the EEA
			 Agency Head to determine the environmental condition of the real property in
			 accordance with policies and specifications established by the
			 Secretary.
(4)
Survey
. At the discretion of the EEA Agency Head and
			 subject to the policies and specifications set by the Secretary a survey of the
			 real property in conformance with
			 250 CMR 6.00:
Land
			 Surveying Procedures and Standards
and in a form to be prescribed by
			 the Secretary shall be required, together with a metes and bounds legal
			 description of the real property.
(5) Such other information as the EEA Agency
			 Head shall deem necessary or appropriate.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.05 - Central Register Publication Requirement

Current through Register 1525, July 5, 2024
(1) The EEA
			 Agency Head shall publish notice in a form approved by the Secretary after
			 consultation with the Commissioner of DCAMM, of the intention of the
			 Commonwealth to purchase real property in the
Central Register
at least 30 days prior to the date that any binding agreement or document(s) is
			 executed to acquire such real property, together with the names of all parties
			 having a beneficial interest as provided in M.G.L. c. 7C, § 38, the
			 location and size of the property and the proposed purchase price or rental
			 terms.
(2) No publication shall be
			 required for acquisition by eminent domain, gift or devise.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.06 - Determination of Terms of Acquisition

Current through Register 1525, July 5, 2024
(1)
Price
. Each acquisition of real property or an
			 interest therein for monetary consideration shall be at a price generally not
			 higher than the fair value of such real property, which fair value shall be
			 determined by the EEA Agency Head based on a review of the appraisal(s) of such
			 real property. Any purchase price exceeding 10% of the value established by
			 appraisal(s) must be approved by the Secretary.
(2) Any agreement for purchase of real
			 property by an EEA Agency shall be in the form set forth by the Secretary after
			 consultation with the Commissioner of DCAMM, with such changes as deemed
			 appropriate by the EEA Agency Head in connection with a particular acquisition
			 project.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.07 - Public Notice of Commonwealth's Intention to Purchase or Lease Real Property

Current through Register 1525, July 5, 2024
(1)
To Public
			 Officials
.
(a) The EEA Agency
			 Head shall provide written notice of any such planned purchase or lease,
			 including a statement of the present use and proposed uses of the subject
			 property and the reason for the proposed action, to the Public Officials of
			 each city or town in which the real property proposed to be purchased or leased
			 is located at least 120 days prior to the purchase or lease of the real
			 property by the Commonwealth.
(b)
			 The 120-day notice period can be reduced or waived by agreement of the Public
			 Officials.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.08 - Real Property Acquisition Procedures

Current through Register 1525, July 5, 2024
(1) The approval of the Commissioner of DCAMM
			 shall be required prior to the recordation of the conveyancing document(s) for
			 any real property to be acquired for Article 97 purposes. The EEA Agency Head
			 shall certify compliance with
			 301 CMR
			 51.00 on a form developed by the Secretary in
			 consultation with the Commissioner of DCAMM, and shall forward said
			 certification form to said Commissioner, together with the following
			 acquisition documentation:
(a) the
			 appraisal(s);
(b) a copy of the
			 attorney certification of title and copies of listed encumbrances and defects
			 to title, if any;
(c) the
			 environmental site assessment, if any;
(d) a copy of the survey, if any:
(e) a copy of the notice published in the
Central Register,
if any;
(f) a copy of the notice to public officials,
			 if any, of the planned acquisition;
(g) a copy of notice of public hearing, if
			 any, of the planned acquisition; and
(h) A copy of the disclosure statement
			 required under
			 301 CMR
			 51.00; if any.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.09 - Record Keeping Requirements

Current through Register 1525, July 5, 2024
Upon the completion of an acquisition, the EEA Agency Head
				shall cause to be kept in the permanent records of the EEA Agency those forms
				and documents necessary to evidence conformance with
				301 CMR
				51.00.
(1)
Disclosure Requirement
.
(a) No agreement by the Commonwealth to
			 purchase or lease real property, and no extension or renewal of any such
			 agreement shall be valid, and no payment shall be made by the Commonwealth to
			 any person in connection with such purchase or lease by the Commonwealth,
			 unless and until the party disposing of such real property shall have filed a
			 disclosure statement with the EEA Agency Head setting forth the following
			 information:
1. the true names and addresses
			 of all persons and entities, including, without limitation, corporations,
			 limited liability companies, limited liability partnerships, trusts, and
			 limited and general partnerships, who have a direct or indirect beneficial
			 interest, in the real property to be acquired by the Commonwealth and the
			 extent of such interest; and
2.
			 which, if any, of the persons listed on such disclosure statement have been
			 elected to public office in the Commonwealth or are employees of the
			 Commonwealth.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 51.00 - Land acquisition › Section 51.10 - Reimbursements to Non-profit Organizations

Current through Register 1525, July 5, 2024
301 CMR 51.10 applies to payments made by EEA or an EEA Agency
				to non-profit land conservation organizations and land trusts seeking
				reimbursement of reasonable costs and expenses borne by the organization or
				trust for activities directly associated with the planned acquisition of land
				or interests in land by the Commonwealth for Article 97 purposes.
(1)
Definitions applicable to 301
			 CMR 51.10
.
Non-profit Organization
. a charitable
				conservation organization or trust whose Articles of Organization and/or
				By-laws indicate its dedication to land or natural resource protection and
				conservation and which is qualified or eligible for qualification under Section
				501(c)(3) or (4) of the Internal Revenue Code.
Reasonable Expenses
. Actual
				out-of-pocket expenses for the following costs:
(a) Interest on loans from a bank or from
			 sources other than banks and interest foregone on organizational funds used to
			 purchase the property.
(b) Costs of
			 appraisal, survey, title search, title insurance, fire, casualty and liability
			 insurance, necessary repairs, property taxes and recording fees, site specific
			 plans, maps, site restoration, soil testing, soil studies and environmental
			 assessments, resource planning, and engineering.
(c) Costs of legal services approved in
			 advance by the reimbursing EEA Agency as a lump sum amount.
(d) Cost of performing an audit if required
			 by the reimbursing EEA Agency.
(e)
			 Other costs or expenses associated with the acquisition of land or interests
			 therein which are approved in advance by the reimbursing EEA Agency.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.01 - Introduction

Current through Register 1525, July 5, 2024
The purpose of
				302 CMR 3.00 is to:
(a) define and explain the language of M.G.L.
			 c. 21A, § 11C; and
(b)
			 establish the procedures under which the Department of Conservation and
			 Recreation will exercise its responsibilities under M.G.L. c. 21A, § 11C.
It is the intent of the Department that these definitions and
				procedures are to be used to preserve and promote the public safety, health and
				welfare, protect public and private property, wildlife, fresh water fisheries,
				and irreplaceable wild, scenic and recreational river resources. It is further
				intended that these goals shall be accomplished by the adoption of Orders
				imposing restrictions on the scenic and recreational rivers and streams of the
				Commonwealth through the regulation, restriction or prohibition of certain
				specified activities and uses within these affected areas, while allowing other
				specified activities and uses within these areas, subject to the requirements
				of M.G.L. c. 131, § 40 where applicable.
It is also the intent of the Department that, where scenic and
				recreational rivers occur within the boundary of the Massachusetts coastal zone
				as defined in the Commonwealth's Coastal Zone Management Program (CZM Program),
				302 CMR 3.00 be consistent
				with and form a part of the CZM Program as it has been promulgated and defined
				in
				301 CMR 20.00:
Coastal Zone Management Program
issued pursuant to M.G.L. c.
				21A and through the Coastal Program Policies of the CZM Program.
The interpretation and application of
				302 CMR 3.00 to scenic and
				recreational rivers within the boundary of the coastal zone shall be consistent
				with the policies of the CZM Programs to the maximum extent permissible under
				M.G.L. c. 21A, § 11C except when to do so would require an act
				impermissible at law, or where the Secretary of Energy and Environmental
				Affairs, pursuant to the conflict resolution procedures of M.G.L. c. 21A,
				§ 4 and associated regulations, has resolved any conflict and has
				determined that the CZM policies should or should not apply.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.03 - Advisory Committees

Current through Register 1525, July 5, 2024
Before proposing a scenic river under M.G.L. c. 21A, §
				11C, the Commissioner may appoint an advisory committee of concerned persons.
				The purpose of the advisory committee shall be to review and comment on the
				proposed order, management plan or other information as the Department may
				submit, and to assist in explaining the scenic river program to affected
				persons and to the general public.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.04 - Classification of Rivers and Streams

Current through Register 1525, July 5, 2024
The Commissioner, with the approval of the Stewardship Council,
				may classify the waters of the rivers and streams of the Commonwealth for
				scenic and recreational purposes.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.05 - Preliminary Informational Meetings

Current through Register 1525, July 5, 2024
The Commissioner shall, at least seven days prior to the public
				hearing described in
				302 CMR 3.06, hold
				a preliminary informational meeting in the cities, towns or watershed regions
				in which the proposed river corridor is to be located.
(1)
Notice of the Preliminary
			 Informational Meeting
. The Department shall give notice of the
			 meeting by mailing a copy of the notice to the following persons at their last
			 known address at least seven days prior to the date of the preliminary
			 informational meeting:
(a) any assessed
			 owner;
(b) any person other than an
			 assessed owner having an interest in land within the river corridor and whose
			 name appears on an assessor's map;
(c) any other person having a recorded
			 interest in land within the river corridor whose name and/or address is known
			 to the Commissioner;
(d) any person
			 having an unrecorded interest in land within the river corridor whose name
			 and/or address is known to the Commissioner;
(e) Regional Planning Commissions, Boards of
			 Selectmen or Mayors, Conservation Commissions and Planning Boards of the city
			 or town in which the river corridor is to be located;
(f) appropriate agencies of the
			 Commonwealth;
(g) if the river
			 corridor is to be located within the boundary of the Massachusetts coastal
			 zone, notice shall also be given to the Office of Coastal Zone
			 Management.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.06 - Public Hearing

Current through Register 1525, July 5, 2024
Prior to adopting any Order under M.G.L. c. 21A, § 11C,
				and subsequent to the preliminary informational meeting, the Commissioner shall
				hold a public hearing in a city or town in which the scenic river corridor is
				to be located.
(1)
Notice
			 of the Public Hearing
. The Department shall give notice at least
			 21 days prior to the date of the public hearing by:
(a) sending a copy of the notice by certified
			 mail to those persons included in
			 302 CMR
			 3.05(1)(a)  through
			 3.05(1)(d),
			 and to any person who has acquired, subsequent to the last annual tax levy, a
			 fee simple interest in any land within the river corridor, and whose name has
			 been entered in the records of the assessor's office and is available to the
			 Department at least 60 days prior to the date of the public hearing;
(b) sending a copy of the notice by regular
			 mail to those persons included in
			 302 CMR
			 3.05(1)(e)  through
			 3.05(1)(g),
			 and to the State Reclamation Board, the Department of Public Works and the
			 Department of Environmental Protection;
(c) filing notice with the Secretary of the
			 Commonwealth;
(d) sending a copy of
			 the notice to those persons or groups who have filed a written request to
			 receive notice of public hearings held pursuant to M.G.L. c. 21A, 11C, and by
			 sending a copy of the notice to any other persons or groups at the discretion
			 of the Commissioner;
(e) publishing
			 notice in a newspaper or newspapers of general circulation in the cities or
			 towns in which the river corridor is to be located, and, where appropriate, in
			 such trade, industry or professional publications as the Commissioner may
			 select;
(f) posting notice in the
			 city or town hall of each city or town located within the proposed river
			 corridor, or in any other location as determined by the Commissioner.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.07 - Scenic River Corridor Boundary Delineation Procedures

Current through Register 1525, July 5, 2024
Any person having an interest in land located within the
				proposed river corridor (referred to in 302 CMR 3.07 as the "requesting
				person") shall have the right to request the boundary delineation procedures
				set forth below. Such a request may be made at any time subsequent to the
				Department's giving notice pursuant to
				302 CMR
				3.05 or
				3.06 but not later
				than 14 days after the close of the public hearing record, unless good cause
				for the delay in making such a request can be shown to the Department.
(1)
On-site
			 Inspections
. The Department shall make available, for the purpose
			 of requesting on-site inspections pursuant to 302 CMR 3.07, request forms.
			 These forms shall be available at any preliminary informational meeting and/or
			 any public hearing held pursuant to
			 302 CMR 3.00, and at the
			 Scenic Rivers Program Section of the Department's offices, as posted on the
			 Department's website, during normal business hours.
Request forms shall be sent to the Department by delivering a
				copy of the completed form to the Department at the address posted on the
				Department's website. No form shall be deemed to be received unless properly
				completed, and improperly completed forms shall be returned.
The requesting person shall also contact the Department to
				arrange a time, date and meeting place for the on-site inspection. The location
				of the inspection shall be at the place or places specified on the request
				form.
The Department's representative shall meet with the requesting
				person at the agreed time, date and place.
The Department's representative shall indicate the location of
				the river corridor boundary on the site. The Department may, through its
				representative, conduct the on-site inspection without the requesting person,
				if the Department, prior thereto, has secured permission to do so from the
				requesting person.
The Department may answer any questions posed by the requesting
				person concerning the designation of his or her land as an area to be included
				within the proposed river corridor.
(2)
Boundary Delineation of the
			 Scenic River Corridor on Assessors Maps
. The Department, if
			 requested, shall delineate the river corridor boundary in relation to the
			 requesting person's land on a copy of the applicable portion of the assessor's
			 map or maps.
(3)
Boundary Delineation on Plot Plan
. The Department, if
			 requested, shall indicate the location of the boundary or boundaries of the
			 river corridor on an individual plot plan prepared and submitted by the
			 requesting person to the Department.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.08 - Adoption of Orders

Current through Register 1525, July 5, 2024
The Commissioner shall adopt Orders, including Amending,
				Modifying and Repealing Orders with the approval of the Stewardship
				Council.
No Order shall be adopted until the close of the public hearing
				record.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.09 - Recording of Orders

Current through Register 1525, July 5, 2024
The Commissioner, upon the adoption of any Order, including the
				adoption of any Amending, Modifying or Repealing Order, shall record a copy of
				the Order, together with the plan and the list of the assessed owners of such
				lands, in the registry of deeds or, if such lands are registered, in the
				registry district of the land court, of each county in which the river corridor
				is located. The list of assessed owners shall include a reference to the book
				and page number in the registry where the deed for the affected parcel is
				recorded.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.10 - Notice of Order

Current through Register 1525, July 5, 2024
The Commissioner, following completion of the recording
				procedures pursuant to
				302 CMR 3.09
				shall send by certified mail a copy of the Order and plan to each person having
				an interest in land within the river corridor who was given notice under
				302 CMR
				3.05 and to the clerk and board of assessors
				of each city or town in which the river corridor is located.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.11 - Recording in the Public Restriction Tract Index

Current through Register 1525, July 5, 2024
If any county or district having lands affected by an Order has
				established a Public Restriction Tract Index pursuant to M.G.L. c. 184, §
				33, the Commissioner shall request that the Order, or any Amending Modifying or
				Repealing Order, be indexed in the Public Restriction Tract Index for that
				county or district and that reference be made to the Order, list and plan. The
				Order shall be indexed pursuant to the statutory procedures established under
				M.G.L. c. 184, § 33, as most recently amended, and pursuant to the rules
				established by the Register of Deeds for the county or
				district.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.12 - Posting of Rivers and Streams

Current through Register 1525, July 5, 2024
The Department shall, upon the adoption of any Order
				restricting and classifying rivers and streams, post signs within the river
				corridor along the banks of those rivers and streams whose waters have been
				restricted and classified under M.G.L. c. 21A, § 11C. The sign shall
				indicate that the river or stream has been restricted and classified pursuant
				to the authority granted by the M.G.L. c. 21A, § 11C.
Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS › Section 3.13 - Amending or Modifying Orders

Current through Register 1525, July 5, 2024
Prior to adopting any Amending or Modifying Order under M.G.L.
				c. 21A, § 11C, the Commissioner shall first give notice as required by,
				and hold a public hearing pursuant to
				302 CMR 3.06. The
				Commissioner shall also conduct any boundary delineation procedures as required
				by
				302 CMR
				3.07.
Any Amending or Modifying Order shall be adopted and recorded
				in the manner required by
				302 CMR 3.08
				and
				3.09, and a
				copy of the Amending or Modifying Order and plan sent by certified mail to
				those assessed owners affected by the Amending or Modifying
				Order.