reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.19 - Performance Standard for Avoidance of Take of State-listed Species

Current through Register 1525, July 5, 2024
Project proponents shall demonstrate that the proposed
				  Project or Activity does not result in a Take, as defined in
				  321 CMR
				  10.02 and
				  10.04.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.20 - Project Filing Requirements

Current through Register 1525, July 5, 2024
The following information shall be submitted to the Division
				  in order to commence review pursuant to
				  321
				  CMR 10.18:
(1) Projects or Activities Impacting Less
				than Ten Acres.
(a) Name;
(b) Address;
(c) Ownership interest in the
				property;
(d) Acreage of the
				property;
(e) A copy of a USGS
				topographic map in scale 1:24,000 or 1:25,000 with the property location
				clearly marked and centered on the page;
(f) The area of physical disturbance from the
				Project or Activity, including the area (square feet or acres) and the percent
				of the property impacted;
(g)
				Assessor's map or right-of-way plan of the site;
(h) Project plans with existing and proposed
				conditions;
(i) Project
				description; and
(j) Photographs
				representative of the site.
The Division may at its discretion request additional
				  information beyond that described above, on a case by case basis such as, but
				  not limited to, species surveys, wetland reports, soil map and reports, and
				  stormwater management reports.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.21 - Denial and Appeal

Current through Register 1525, July 5, 2024
Record Owners for Projects or Activities that the Division
				  has determined under
				  321
				  CMR 10.18 will result in a Take may either
				  apply to the Director for a Conservation and Management Permit as provided in
				  321 CMR
				  10.23, or appeal the decision as provided in
				  321 CMR
				  10.25.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.22 - Extension of a Determination

Current through Register 1525, July 5, 2024
(1) The Director
				may extend a determination made under
				321 CMR
				10.13 or
				10.18
				or extend the time by which physical work under an individual or general
				conservation and management permit issued by the Director under
				321 CMR
				10.23 must commence or be completed. Request
				for an extension shall be made in writing to the Director at least 30 days
				prior to the expiration of the applicable deadline.
(2) The Director may deny the request for an
				extension and require a review for the remaining work in the following
				circumstances:
(a) where no work has begun on
				the project, except where such failure is due to an unavoidable delay, such as
				appeals, in the obtaining of other necessary permits;
(b) where new information, not available at
				the time the original determination was issued, has become available and
				indicates that the determination is not adequate to protect the interests
				identified in M.G.L. c. 131A;
(c)
				where incomplete work is causing damage to the interests identified in M.G.L.
				c. 131A; or
(d) where work has been
				done in violation of the determination of
				321 CMR 10.00.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.23 - Conservation and Management Permit

Current through Register 1525, July 5, 2024
(1) The
				Director may, in accordance with provisions of M.G.L. c. 131A, § 3, permit
				the Taking of a State-listed Species for conservation or management purposes
				provided there is a long-term Net Benefit to the conservation of the impacted
				species. The requirements for permitting the Take of a State-listed Species for
				conservation or management purposes, including a State-listed Species of
				Special Concern that will occur within a conservation protection zone
				established in a conservation plan issued by the Division pursuant to
				321
				CMR 10.26, are set forth in 321 CMR 10.23(2)
				through (5). The general permit requirements authorizing the Take of a
				State-listed Species of Special Concern that will occur outside of a
				conservation protection zone established in a conservation plan issued by the
				Division pursuant to
				321
				CMR 10.26 are set forth in 321 CMR 10.23(6).
				The general mitigation standards to be applied by the Director when issuing
				individual and general conservation and management permits are set forth in 321
				CMR 10.23(7).
(2) Except as
				provided in 321 CMR 10.23(6), if the Director determines that the applicant for
				a permit has avoided, minimized and mitigated impacts to State-listed Species
				consistent with the following performance standards, then the Director may
				issue a conservation and management permit, provided:
(a) The applicant has adequately assessed
				alternatives to both temporary and permanent impacts to State-listed
				Species;
(b) An insignificant
				portion of the local population would be impacted by the Project or Activity,
				and;
(c) The applicant agrees to
				carry out a conservation and management plan that provides a long-term Net
				Benefit to the conservation of the State-listed Species that has been approved
				by the Director, as provided in 321 CMR 10.23(5), and shall be carried out by
				the applicant.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.24 - Effective Date

Current through Register 1525, July 5, 2024
Amendments to the definition of the terms "Alter", "Best
				  Scientific Evidence Available", "Capacity of a Designated Significant Habitat
				  to Support a Population of Endangered or Threatened Species", "Priority
				  Habitat", "Project of Activity", "Record Owner", and "Take", as set forth in
				  321 CMR
				  10.02, to regulations concerning "Permits for
				  the Taking and Possession of Species, as set forth in
				  321 CMR
				  10.04(3), and to regulations
				  concerning "Delineation of Priority Habitat and Review of Activity or Projects
				  within Priority Habitat" as set forth in
				  321 CMR 10.11
				  through 10.24, shall take effect following the approval by the Secretary of
				  Administration and Finance of fees for environmental review under
				  321 CMR 10.00, and the
				  publication of said fees in the
Massachusetts Register
and
				  801 CMR
				  4.00, and shall apply to any then pending and new
				  requests for information or applications for a Conservation and Management
				  Permit. The most recently published July 1, 2005, Priority Habitat maps,
				  including updated maps posted on Mass Graphic Information System (GIS),
				  available July 1, 2005 will be the maps used for purposes of
				  321 CMR 10.00. Changes to
				  Priority Habitat maps will follow guidelines set forth in
				  321 CMR
				  10.12. Any person who, prior to the
				  publication of notice of hearing of amendments to the provisions of
				  321 CMR 10.00, requested and
				  obtained a determination from the NHESP Program that the Program is not aware
				  of any Endangered, Threatened or Special Concern species on the subject land,
				  submitted a project that was approved or that the proposed location of the
				  project does not lie near any estimated or Priority Habitats, such
				  determination shall continue to be effective for a period of three years from
				  the effective date of
				  321 CMR 10.00.
Any project proponent who has obtained an ORAD for a Project
				  or Activity that was not in Priority Habitat prior to the effective date of the
				  2010 amendments to
				  321 CMR 10.00 and would
				  otherwise be eligible for the exemption from MESA review under
				  321 CMR
				  10.13(2)(b), shall not be
				  subject to review under MESA if the project proponent thereafter obtains an
				  Order of Conditions, if needed, or one of the permits or approvals in
				  321 CMR
				  10.13(2)(c)  by the
				  expiration date of the initial three year term of the Final ORAD as required by
				  321 CMR
				  10.13(2)(b).
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.25 - Appeal Process

Current through Register 1525, July 5, 2024
(1)
Adjudicatory Hearing Before the Division
. Any person
				aggrieved by a final agency decision made pursuant to
				321 CMR
				10.12,
				10.18
				or
				10.23
				shall have the right to an adjudicatory hearing at the Division pursuant to
				M.G.L. c. 30A, § 11 in accordance with the procedures for informal
				hearings set forth at
				801 CMR
				1.02 and
				1.03.
(2) Any notice of claim for an adjudicatory
				hearing shall be made in writing and be accompanied by a filing fee the amount
				of which shall be determined by the commissioner of administration under the
				provisions of M.G.L. c. 7, § 3B, and be sent to the Division by certified
				mail, hand delivered or postmarked within 21 days of the date of the agency
				final decision.
(3) Any notice of
				claim for an adjudicatory hearing shall include the following information:
(a) the file number of the project;
(b) the complete name, address and telephone
				number of the person filing the request; the name, address and telephone number
				of any authorized representative; and the specific facts that demonstrate that
				a party filing a notice of claim satisfies the requirements of an "aggrieved
				person," including but not limited to how they have a definite interest in the
				matters in contention within the scope of interests or area of concern of
				M.G.L. c. 131A or the regulations at
				321 CMR 10.00 and have
				suffered an actual injury which is special and different from that of the
				public and which has resulted from violation of a duty owed to them by the
				Division;
(c) a clear statement
				that an adjudicatory hearing is being requested;
(d) a clear and concise statement of facts
				which are grounds for the proceeding, the specific objections to the actions of
				the Division and the basis for those objections, and the relief sought through
				the adjudicatory hearing; and a statement that a copy of the request has been
				sent by certified mail or hand delivered to the applicant and the Record Owner,
				if different from the applicant.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat › Section 10.26 - Conservation Planning for State-listed Species of Special Concern

Current through Register 1525, July 5, 2024
(1) The Division may develop and issue a
				conservation plan for a State-listed Species of Special Concern whenever the
				Division determines that such a plan will be an effective means of ensuring the
				long term viability and protection of the species in the Commonwealth. A
				conservation plan for a State-listed Species of Special Concern shall, at a
				minimum, include:
(a) a description of the
				biology, life history, historic distribution, and population status of the
				species;
(b) an assessment of the
				current threats to the species;
(c)
				identification of specific geographic areas that the Division determines would
				serve as conservation protection zones that are critical to ensuring the long
				term viability and protection of the species;
(d) identification of specific conservation
				goals, including targets for protecting land containing habitat for the species
				within the conservation protection zones established by the Division in the
				plan, and an assessment of the extent to which such land protection targets
				have been met as well as other conservation approaches for the species;
				and
(e) the proposed general permit
				that will authorize, and set forth the conditions applicable to, any take of
				the species that will occur outside of a conservation protection zone
				established in the plan.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.30 - Designation of Significant Habitat

Current through Register 1525, July 5, 2024
(1)
Purpose
. Listed species are frequently restricted in
				their occurrence to rare, reduced, or specialized habitat types. Consequently,
				listed species may be jeopardized if their habitat areas are threatened by
				direct or indirect habitat-altering activities. The types of habitat which
				presently harbor state listed species are diverse and may include, but are not
				limited to: coastal plain kettle ponds, sandplain grasslands, limestone
				wetlands, vernal pools, pitch pine/scrub oak barrens, coastal heathlands,
				floodplain forests, estuaries, barrier beaches, and marshes with emergent
				vegetation.
(2)
Designation Process
. The designation of a Significant
				Habitat shall consist of a review of biological data, a designation proposal,
				notice and public hearing, a review of the proposed designation, and the
				Director's finding and designation.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.31 - Designation Proposal

Current through Register 1525, July 5, 2024
On an annual basis, the Director shall consult the records of
				  the Natural Heritage and Endangered Species Program and shall propose for
				  designation as Significant Habitats those areas for which, in her judgment,
				  there is sufficient scientific evidence that the area contains physical or
				  biological features important to the conservation of one or more Endangered or
				  Threatened species populations and which may require special management
				  considerations or protection.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.32 - Notice and Public Hearing

Current through Register 1525, July 5, 2024
(1) Notice of
				Public Hearing. Before designating an area as Significant Habitat, the Director
				shall first give notice, as provided in 321 CMR 10.32, of a public hearing. Not
				less than 30 days prior to the public hearing, notice shall be sent:
(a) by certified mail to record owners of
				lands or interests in lands containing habitat proposed to be
				designated;
(b)  by first class mail
				to boards of selectmen, town managers, city councils, or mayors; regional
				permit granting agencies; zoning boards; planning boards; and conservation
				commissions of towns or cities in which the habitat is located; and
(c) at the Director's discretion, to other
				interested citizens, agencies, and organizations.
The Director shall give notice by mail to any person who has
				  filed a written request to receive the notice of said public hearing to be held
				  under
				  321 CMR 10.00 at least 14
				  days prior to the date of the public hearing. Any of the notices required to be
				  given pursuant to
				  321 CMR 10.00 shall be deemed
				  to have been given upon mailing a copy of the notice.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.33 - Review of Proposed Designation

Current through Register 1525, July 5, 2024
Prior to designating an area as Significant Habitat, the
				  Director shall review the information presented at the public hearing, any
				  written comments submitted within 21 days after the public hearing, and any
				  other information the Director deems appropriate, and shall take into
				  consideration the following:
(1) the
				size of the population, as evidenced by current estimates of the number of
				individuals in the population of the Endangered or Threatened
				species;
(2) the current and
				foreseeable uses of the land or water, as evidenced by its existing condition;
				existing roads, structures, and other improvements; proposed uses and
				improvements; zoning status; existing easements, encumbrances and other
				restrictions on the use of the land or water; and other regulatory
				constraints;
(3) the current and
				foreseeable threats to the population or its habitat, as evidenced by existing
				or proposed activities that may impact or fragment the habitat such as:
				landform alterations; pollution of surface, ground, or marine waters;
				alteration of the hydrology; proposals for development projects; and plans for
				infrastructure developments such as sewers, water systems, and roads; or
				regional growth trends; and
(4) the
				potential benefits of designation to the population and to the status and
				welfare of the species generally, as evidenced by how designation will help
				further the conservation of the population and of the species generally in the
				state.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.34 - Director's Finding and Designation

Current through Register 1525, July 5, 2024
(1)
Decision
. Within 60 days of the public hearing held
				pursuant to
				321 CMR
				10.32, the Director shall make a final
				decision, with the approval of the Fisheries and Wildlife Board and the advice
				of the Natural Heritage and Endangered Species Advisory Committee, whether to
				designate a proposed area as Significant Habitat. The Director shall decide in
				favor of designating a proposed area as Significant Habitat upon finding that,
				on the basis of the best scientific evidence available, the area contains
				physical or biological features important to the conservation of an Endangered
				or Threatened species population and, on the basis of the factors listed in
				321 CMR
				10.33, the area requires special management
				considerations or protection, and therefore is a Significant Habitat of
				Endangered or Threatened species.
(2)
Preparation of Designation
				Regulation
. Upon making a final decision to designate an area as
				Significant Habitat, the Director shall prepare for filing with the Secretary
				of State a regulation establishing said area as Significant Habitat, which
				regulation shall be in the form of an addition to 321 CMR 10.99 (Designated
				Significant Habitats).
(3)
Specifications
. The Director may specify in the
				designation regulation certain activities which may or may not alter the
				Significant Habitat; provided, however, that the Director may specify that such
				activity shall be considered an alteration, but that the Director may not
				specify that a categorical alteration under
				321 CMR
				10.63(1)  shall be
				considered a non-alteration.
(4)
Designation Document
. Upon making a final decision to
				designate an area as Significant Habitat, the Director shall prepare a
				Designation Document. The Designation Document shall include a general
				description of the area to be designated, a summary of the reasons for such
				designation, a citation of authority for the designation, a copy of the
				designation regulation as submitted to the Secretary of State, and a map or
				aerial photograph showing the boundaries of the designated Significant Habitat
				described by metes and bounds or another adequate method.
(5)
Decision to Not
				Designate
. Upon making a final decision not to designate an area
				as Significant Habitat, the Director shall prepare a notice of such decision
				together with a description of the reasons for not designating the Significant
				Habitat. The Director shall distribute said notice to those persons and
				publications which received the public notice of the public hearing.
(6)
Notice of Director's
				Finding
. Upon making a final decision to designate or not to
				designate an area as Significant Habitat, the Director shall submit a notice of
				such decision to the Secretary of EOEA for publication in the
Environmental Monitor
.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.35 - Filing of Designation Regulation and Effective Date

Current through Register 1525, July 5, 2024
No later than seven days after making a decision to
				  designate, the Director shall submit a copy of the designation regulation to
				  the Secretary of State for publication in the
Massachusetts
				  Register
. The effective date of any designation shall be the date of
				  publication in the
Massachusetts Register
.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.36 - Distribution of and Availability of Designation Document

Current through Register 1525, July 5, 2024
The Director shall make the Designation Document available
				  for inspection by the public in the Division's office at 251 Causeway Street,
				  Suite 400, Boston, MA, during regular business hours. The Director shall send
				  by first class mail such Designation Documents to zoning boards of appeals,
				  planning boards, conservation commissions, municipal departments of public
				  works, and the boards of selectmen or mayors and city councils, in those
				  communities where the Significant Habitat which is the subject of the
				  Designation Document is located, appropriate regional permit granting
				  commissions, and by certified mail to record owners within seven days of the
				  Director's decision under
				  321 CMR
				  10.34.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.37 - Recording of Designation

Current through Register 1525, July 5, 2024
Within 180 days of the effective date of a regulation
				  designating Significant Habitat, or within 30 days after the secretary's
				  finding under
				  321 CMR
				  10.38(2)  on any pending
				  appeal, whichever is later, the Director shall prepare a Recording Document
				  identifying the location of the Significant Habitat, together with a list of
				  the record owners of such Significant Habitat, which shall be recorded in the
				  proper registry of deeds or, if the land containing Significant Habitat is
				  registered land, in the appropriate registry district of the land court. The
				  Director shall send a copy of the Recording Document by certified mail to each
				  record owner.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.38 - Appeals of Significant Habitat Designations

Current through Register 1525, July 5, 2024
(1)
Process
. Within
				21 days of the effective date of a regulation designating Significant Habitat,
				record owners of lands or interests in lands containing such Significant
				Habitat may appeal the Director's designation by sending a notice of appeal by
				certified mail to the Secretary of EOEA. The Secretary shall hold a hearing on
				such appeal within a reasonable time, and in no case later than 120 days after
				the effective date of the regulation designating the Significant Habitat, and
				shall make a determination thereon within 60 days of the hearing.
(2)
Standard of
				Review
. The Secretary of EOEA shall reverse a designation of the
				Director only upon a finding that the designation was without substantial basis
				in fact. For the purposes of 321 CMR 10.38, "without substantial basis in fact"
				shall mean that there is no credible scientific information in the record that
				supports the Director's finding and designation under
				321 CMR
				10.34.
(3)
Reversal of
				Designation
. Upon the reversal of a designation the Director shall
				rescind the regulation or a part thereof, which established such designation,
				as it affects the appealing record owner, and shall file with the registry of
				deeds or land court, as appropriate, a recordable document indicating said
				rescission if a Recording Document previously had been filed with respect to
				the land.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.39 - Petition to Purchase Significant Habitat

Current through Register 1525, July 5, 2024
In addition to the procedures specified in
				  321 CMR
				  10.38, within 21 days of the effective date
				  of a regulation designating Significant Habitat, record owners of land which
				  has been designated as Significant Habitat may petition the Director to
				  consider purchasing either the affected portion or the entire parcel of land
				  upon which the Significant Habitat is located with monies appropriated by the
				  general court or from bond funds.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part III - Designation of Significant Habitat › Section 10.40 - Review and Revision of Significant Habitat Designations

Current through Register 1525, July 5, 2024
The Director shall review designated Significant Habitats on
				  a yearly basis and may, from time to time, revise such designations by
				  designating additional areas as Significant Habitat or undesignating areas that
				  no longer warrant designation. Such revisions shall be treated as new
				  designations and subject to the procedures at
				  321 CMR
				  10.31 through
				  10.38.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.60 - Introduction

Current through Register 1525, July 5, 2024
Part IV of
				  321 CMR 10.00 applies to
				  activities within designated Significant Habitat and is promulgated in addition
				  to those regulations set forth in Parts I, III, and V of
				  321 CMR 10.00. Part IV of
				  321 CMR 10.00 establishes
				  rules and procedures for determining which activities are alterations of
				  Significant Habitat and therefore need to obtain an alteration permit from the
				  Director. Activities which are exempted from any review are also defined. Part
				  IV of
				  321 CMR 10.00 establishes
				  rules and procedures for the review of alterations in Significant Habitats.
				  Permits may be sought through either a standard review process or through
				  procedures coordinated with the MEPA process or the Department of Agricultural
				  Resources' Rights of way Management program.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.61 - Activities Within Significant Habitat

Current through Register 1525, July 5, 2024
(1)
General Rule
. Except as otherwise provided, no person
				may undertake any activity that constitutes an alteration of a Significant
				Habitat without a written Alteration Permit issued by the Director.
(2)
Activities Which Require an
				Alteration Permit
. An activity requires an Alteration Permit
				before commencing if the activity:
(a) will
				occur within a Significant Habitat;
(b) is not exempted by
				321
				CMR 10.62; and
(c) is an alteration of Significant Habitat,
				as determined by:
1. the categorical list of
				alterations under
				321 CMR
				10.63(1);
2. the list of alterations specified in 321
				CMR 10.99; or
3. the Director under
				321
				CMR 10.64.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.63 - Categorical Alterations and Non alterations

Current through Register 1525, July 5, 2024
(1) Alterations of Significant Habitat. The
				following categories of activities shall always be considered alterations:
(a) construction, reconstruction, or
				expansion of buildings, structures, roads, driveways, parking areas, towers,
				sub surface sewage disposal systems, stormwater management systems, golf
				courses, reservoirs and dams, ponds however created, utility transmission
				lines, pipelines, lawns, irrigation systems, or landscaped areas;
(b) clearing, paving, grading, or excavation
				of land;
(c) mining, including the
				excavation of sand and gravel;
(d)
				any activity subject to the jurisdiction of the Wetlands Protection Act (M.G.L.
				c. 131, § 40) and the regulations promulgated thereunder;
(e) discharge, storage, or disposal of solid
				waste, rubbish, stormwater, waste water, toxic or hazardous substances,
				petroleum based products, dredged materials, or fill;
(f) the pumping or diversion of surface or
				ground water for any purpose other than for an individual household;
(g) application of pesticides, herbicides, or
				other biocides; and
(h) forestry
				activities that are not exempt under
				321
				CMR 10.62(2).
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.64 - Director's Determination Whether an Activity Will Alter Significant Habitat

Current through Register 1525, July 5, 2024
(1) Any activity
				proposed in a Significant Habitat that is not exempted by
				321
				CMR 10.62, is neither a categorical
				alteration (
				321 CMR
				10.63(1)  ) nor a
				categorical non-alteration (
				321 CMR
				10.63(2)  ) and is not
				specified as an alteration in the regulation designating the Significant
				Habitat, must be reviewed by the Director prior to commencing in order to
				determine whether the activity is an alteration of Significant Habitat
				requiring an Alteration Permit.
(2)
				Requests for such a determination shall be submitted to the Director on an
				Activity Description Form. Activity Description Forms are available from the
				Division and shall request the following information:
(a) project/activity name and
				address;
(b) proponent's name and
				address;
(c) landowner's name and
				address;
(d) exact location(s) of
				each activity within the Significant Habitat;
(e) description of each activity;
(f) type of each activity;
(g) commencement and completion
				dates;
(h) signature of proponent
				and date; and
(i) signature of
				landowner and date.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.65 - Review Procedures

Current through Register 1525, July 5, 2024
Activities requiring an Alteration Permit shall be reviewed
				  pursuant to the Standard Permit Review procedures at
				  321 CMR
				  10.66 unless the alteration is subject to
				  Coordinated Permit Review. The following alterations shall be subject to
				  Coordinated Permit Review procedures:
(1)
MEPA
.
				Alterations which are part of a project subject to environmental review under
				MEPA shall be reviewed according to the Coordinated Permit Review procedures at
				321 CMR
				10.67.
(2)
Utility
				Rights-of-way
. Vegetation management activities conducted by gas
				or electric utility companies on existing rights-of-way shall be reviewed
				according to the Coordinated Permit Review procedures at
				321
				CMR 10.68.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.66 - Standard Permit Review

Current through Register 1525, July 5, 2024
(1)
Submission of Request to Alter Significant Habitat
. A
				person wishing to alter Significant Habitat shall submit to the Director a
				completed Request to Alter Significant Habitat (RTA) form. RTA forms are
				available from the Division and shall request the following information:
(a) project/activity name and
				address;
(b) proponent's name and
				address;
(c) landowner's name and
				address;
(d) a complete description
				of the project and the anticipated uses, including project locus, site plans,
				grading plans, and Notice of Intent and response of NHESP to any filing
				pursuant to the rare species provisions of the Wetlands Protection Act
				regulations (
				310 CMR
				10.37 or
				10.59
				), if any;
(e) the possible
				alternatives to the proposed project and anticipated use(s);
(f) the anticipated impacts of the proposed
				project on any Endangered or Threatened species;
(g) full plans for the protection of any
				Endangered or Threatened species present and the short term and long term
				avoidance, minimization or mitigation measures to be taken to provide
				amelioration of the impact;
(h) the
				potential economic effects of the proposed project on the proponent and the
				local community, if any;
(i)
				signature of proponent and date; and
(j) signature of landowner and
				date.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.67 - MEPA: Coordinated Permit Review

Current through Register 1525, July 5, 2024
(1)
General
. Activities which are part of projects
				reviewed under MEPA are subject to the following coordinated permit review
				procedures.
(2)
Procedures.
(a) If
				the secretary of EOEA has certified that a project does not require the
				preparation of an EIR, the proponent shall submit to the Director a copy of the
				secretary's ENF certificate.
(b) If
				an EIR was prepared for a project and the Final EIR was certified by the
				secretary, the proponent shall submit to the Director a copy of the secretary's
				certificate on the Final EIR.
(c)
				The Director shall determine whether the NHESP reviewed the project within the
				time periods prescribed at 321 CMR 10.67(2)(e) and made recommendations with
				respect to the avoidance, minimization or mitigation of impacts on Endangered,
				Threatened, or Special Concern species; and whether the project proponent has
				incorporated any such avoidance, minimization, or mitigation measures in the
				project design. If the Director finds that the NHESP made such recommendations
				and that they were incorporated into the project design by the project
				proponent, the Director shall issue an Alteration Permit forthwith without
				further conditions, except that the permit may be conditioned upon
				implementation of such avoidance, minimization, or mitigation measures, which
				may include biological monitoring and reporting requirements to enable the
				Director to determine if the avoidance, minimization, or mitigation measures
				are fulfilling the conditions of the permit.
(d) If the Director finds that the project
				proponent has not incorporated such recommendations, the Director shall deny
				the permit.
(e) Failure of the
				NHESP to make any recommendations within the following time periods shall be
				equivalent to the issuance of a permit by the Director:
1. if an EIR is not required, or further
				review is not required after notice of project change, 90 days after the
				secretary issues a notice of the receipt of the ENF, as described in M.G.L. c.
				30, § 62A and the regulations thereunder;
2. if an EIR is required, or further review
				is required, prior to certification by the Secretary that the final EIR or
				project change adequately and properly complies with MEPA; or
3. if preparation of an EIR has been waived
				by the Secretary, during the time period prescribed by the MEPA regulations for
				comments on the tentative grant of waiver.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.69 - Recording of Alteration Permits

Current through Register 1525, July 5, 2024
Prior to commencement of any alteration permitted by an
				  Alteration Permit, the Alteration Permit shall be recorded by the record owner
				  in the Registry of Deeds, or filed with the Land Court for the district in
				  which the land is located, within the chain of title of the affected property
				  and shall also be noted in the Registry's Grantor Index under the name of the
				  owner of the land upon which the proposed alteration will take place. If the
				  record owner fails to record the Alteration Permit, the Director may do so. In
				  the case of registered land, the Alteration Permit shall also be noted on the
				  Land Court Certificate of Title of the owner of the land upon which the
				  proposed alteration will take place.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.70 - Variance

Current through Register 1525, July 5, 2024
(1) The Director may issue a variance from
				the requirement of
				321 CMR
				10.66 that an alteration not reduce the
				Viability of the Significant Habitat if she finds that:
(a) there are no reasonable conditions or
				alternatives that would allow the project to proceed in compliance with the
				regulation;
(b) that avoidance,
				minimization, or mitigating measures are proposed that will allow the project
				to be conditioned so as to contribute to the protection of the Viability of the
				Significant Habitat to support the local population of Endangered or Threatened
				species involved; and
(c) that the
				variance is necessary to avoid permit conditions or the denial of a permit that
				so restricts the use of property as to constitute an unconstitutional taking
				without compensation.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.71 - Appeals of Alteration Permit Decisions

Current through Register 1525, July 5, 2024
(1)
Process
. Within 21 days of the Director's decision
				under
				321 CMR
				10.66,
				10.67,
				or
				10.68,
				or failure to act under
				321 CMR
				10.66, record owners of lands or interests in
				lands aggrieved thereby may appeal by sending a notice of appeal to the
				Secretary of EOEA by certified mail. The Secretary shall hold a hearing on such
				appeal within a reasonable time, and in no case later than 120 days after such
				decision. The Secretary shall make a determination thereon within 60 days of
				the hearing.
(2)
Standard of Review
. The Secretary of EOEA shall
				overturn a decision of the Director only upon a finding that it was without
				substantial basis in fact, but shall fully examine on the merits any appeal
				involving the Director's failure to act under
				321 CMR
				10.66. For the purposes of 321 CMR 10.71,
				"without substantial basis in fact" shall mean:
(a) with respect to a permit denial, that
				there is no credible scientific information in the record to support the
				finding that the proposed alteration will reduce the Viability of the
				Significant Habitat; or
(b) with
				respect to the Director's conditioning of a permit, that there is no credible
				scientific information in the record that said conditions do not reasonably
				limit the proposed alteration's potential adverse effect on the Viability of
				the Significant Habitat.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.72 - Court Action

Current through Register 1525, July 5, 2024
In addition to the procedures specified in
				  321 CMR
				  10.71, a landowner aggrieved by a decision of
				  the Director may file an action in superior court department of the trial court
				  to determine whether such decision constitutes an unconstitutional taking
				  without compensation.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.01 - Purpose, Goals, and Dedication

Current through Register 1525, July 5, 2024
(1)
Purpose and Goals
.
			 321 CMR
			 11.00 is promulgated for the purposes of establishing
			 a system of dedicated nature preserves and for guiding the Division of
			 Fisheries & Wildlife in defining the criteria, scope, protocol and
			 stewardship for the dedication and management of such preserves. Nature
			 preserves are areas containing native natural communities which are as nearly
			 as possible in their natural condition and are representative of significant
			 habitats and ecosystems of the Commonwealth. Nature preserves are intended to
			 serve in perpetuity as representatives of the state's native natural heritage,
			 as habitats for plant and animal species, and as exemplary representatives of
			 the natural communities and ecosystems of Massachusetts. Nature preserves are
			 further intended to provide scientific research and education opportunities for
			 the public to understand, and appreciate the state's natural
			 heritage.
(2)
Dedication
. Nature preserves are dedicated to the
			 public benefit for scientific research, education, and the preservation of
			 plant and animal species and natural communities of the Commonwealth. Nature
			 preserves dedicated hereunder shall be recognized by the Executive Office of
			 Energy and Environmental Affairs (EOEEA) and its constituent agencies as areas
			 to be monitored and maintained as nearly as possible in their natural
			 condition. Nature preserves shall be used and managed in a manner consistent
			 with the protection and perpetuation of such natural condition without
			 impairment or development.
(3)
Policy
. Agencies that choose to dedicate land as a
			 nature preserve accept
			 321 CMR
			 11.00 applying to the Nature Preserve System will
			 apply to all lands dedicated as nature preserves. Nothing in
			 321 CMR
			 11.00 shall be interpreted to require, nor to
			 authorize the Council or the Division to require, a managing agency to dedicate
			 or have dedicated as a nature preserve any area under its
			 jurisdiction.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.03 - Nature Preserve Council

Current through Register 1525, July 5, 2024
(1)
Membership.
The Council shall consist of seven members
			 who shall be appointed by the Secretary of EOEEA, four of whom shall be members
			 of the Nongame Advisory Committee, two of whom shall be trained in plant
			 ecology and shall represent colleges, universities, primary and secondary
			 schools, outdoor education programs, science museums, and arboreta, and one of
			 whom shall be knowledgeable in natural history and shall represent the general
			 public. Each member shall be appointed for a term of three years, except as
			 otherwise provided in M.G.L. c. 131 § 10B. Any person appointed to fill a
			 vacancy shall serve for remainder of the unexpired term. Any member shall be
			 eligible for reappointment. The Council shall annually select from among its
			 members a chairperson.
(2)
Associate Members
. The Commissioners of DCR and the
			 Secretary of EOEEA may each appoint up to two associate members to the Council.
			 Such associate members shall serve in an advisory role only.
(3)
Division
			 Personnel
. Because the Division is the agency with direct
			 statutory authority over the Nature Preserve System personnel from DFW may be
			 present at all meetings of the Nature Preserve Council.
(4)
Meetings
. The
			 Council shall hold meetings at least once every three months. Special meetings
			 may be called by the chairperson and shall be called upon written request of at
			 least two members of the Council. Each member and associate member shall be
			 notified of the time and place of each meeting by the Division at the request
			 of the chairperson at least two days prior to the date scheduled for said
			 meeting. Meetings are governed by the open meeting law, M.G.L. c. 30A, §
			 11A½
(5)
Duties.
The Council's duties shall include, but not be
			 limited to:
(a) advising the Division on
			 policies, rules, regulations, and forms relative to nature preserves;
(b) receiving nominations, providing
			 preliminary evaluations of the qualifications of nominated areas, and
			 consulting with managing agencies and the Division about nominated
			 areas;
(c) assisting in the
			 preparation of a protection plan for each nature preserve;
(d) evaluating research performed on nature
			 preserves;
(e) advising the
			 Division on budgetary matters concerning nature preserves;
(f) recommending changes to
			 321 CMR
			 11.00 or to specific articles of dedication;
(g) implementing a periodic review of the
			 Nature Preserve System and its components and recommending additional types of
			 natural communities or natural areas for inclusion; and
(h) submitting a biennial report to the
			 governor on or before May first of odd numbered years, describing the condition
			 of each nature preserve, outlining any actions taken by the Council since the
			 last report, and making any recommendations related to the nature preserve
			 program which the Council deems appropriate.