Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 10.00 - DENSELY DEVELOPED AREAS › Section 10.02 - Definitions

Current through Register 1525, July 5, 2024
Concurrence
. A majority vote in
				support of the Petition as presented by the Municipal Official.
Densely Developed Area
. An area that
				has been so designated by the Secretary in accordance with
				301 CMR
				10.00.
EOEEA
. The Executive Office of Energy
				and Environmental Affairs.
Environmental Monitor
.
The publication of the Secretary pursuant to the Massachusetts
				Environmental Policy Act as further described in
				301 CMR
				11.00:
MEPA Regulations.
Impervious Surface
. A manmade surface
				that does not allow infiltration of water into the underlying soil. A building
				footprint is an impervious surface. Railroad lines are not impervious surfaces.
				Impervious surfaces that have breached over time, such as cracked asphalt, but
				still affect infiltration, are considered impervious surfaces.
Issuing Authority
. The conservation
				commission, the mayor or the selectmen, whichever is responsible for local
				implementation of the Wetlands Protection Act, M.G.L. c. 131, § 40.
Legislative Body
. A town meeting, town
				council, city council, or other similar body as provided in a city's or town's
				charter.
Mean Annual High-water Line
. The line
				along a river apparent from visible markings or changes in the character of
				soils and vegetation due to the prolonged presence of water which distinguishes
				between predominantly aquatic and terrestrial land. For purposes of
				301 CMR
				10.00, mean annual high-water line shall have the same
				meaning as defined in
				310 CMR 10.58:
Riverfront Area.
Municipal Official
. The mayor of a
				city, the board of selectmen of a town, or the council of a municipality having
				a manager-council form of government.
Person
. Any individual, partnership,
				trust, firm, corporation, association, commission, district, department, board,
				municipality, public or quasi-public agency or authority.
Petition
. An application to the
				Secretary for the designation of a Densely Developed Area.
Proposed Area
. The area of land
				proposed for designation as densely developed in the Petition of the Municipal
				Official.
River
. Any naturally flowing body of
				water that empties to any ocean, lake, pond or other river which flows
				throughout the year. Rivers include perennial streams but not intermittent
				streams as defined in
				310 CMR 10.58:
Riverfront Area.
For purposes of
				301 CMR
				10.00, river shall have the same meaning as defined in
				310 CMR
				10.58.
Riverfront Area
. The area of land
				between a river's mean annual high-water line measured horizontally outward
				from the river and a parallel line located 200 feet away, except:
(a) for new agricultural or aquacultural activities, the
				parallel line shall be located 100 feet away; and
(b) in densely developed areas the parallel line shall be
				located 25 feet away.
For purposes of
				301 CMR
				10.00, riverfront area shall have the same meaning as
				defined in
				310 CMR 10.58:
Riverfront Area.
Secretary
. The Secretary of the
				Executive Office of Energy and Environmental Affairs.