Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 15.00 - Provisions for Administration of the Dam and Sea Wall Repair or Removal Fund › Section 15.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				301 CMR 15.00, the following
				terms shall have the following meanings.
Allowable Project Costs
. Costs EEA
				determines are necessary for the completion of the project in accordance with
				301 CMR
				15.05.
Applicant
. Any local governmental
				body, charitable organization or private entity that has applied for
				funding.
Borrower
. An applicant who has been
				awarded a loan and who has executed a loan award agreement pursuant to the
				M.G.L. c. 29, § 2HH and
				301 CMR 15.00.
Charitable Organization
. An
				organization that is exempt from federal income tax under section 501(c)(3) of
				the Internal Revenue Code and that is registered with the Massachusetts Office
				of the Attorney General as a public charity.
Coastal Flood or Wave Control
				Projects
. Those projects intended to reduce the damaging effects
				of flooding or waves on coastal areas. Such projects may include the use of
				hard structures
(e.g.,
seawalls, jetties, and groins) and/or
				measures that maximize the use of natural systems through the use/restoration
				of natural coastal landforms and resources
(e.g.,
dunes,
				vegetation, and salt marsh).
Commissioner
. The Commissioner of the
				Department of Conservation and Recreation or his or her authorized
				designee.
Commonwealth
. The Commonwealth of
				Massachusetts.
Dam
. Any artificial barrier, including
				appurtenant works, which impounds or diverts water, and includes, but is not
				limited to, dams subject to the regulatory jurisdiction of DCR under
				302 CMR
				10.00:
Dam Safety
and other dams and
				similar impoundments or structures.
CZM
means the Office of Coastal Zone
				Management.
DCR
means the Department of
				Conservation and Recreation.
EEA
means the Executive Office of
				Energy and Environmental Affairs.
Flood Control Structure
means a
				structure intended to direct, divert or otherwise contain unusual volumes of
				water, commonly created by storm events, such as a Dam, Levee, reservoir, tide
				gate, sluiceway, and/or appurtenant works.
Fund
means the Dam and Sea Wall Repair
				or Removal Fund established by M.G.L. c. 29, § 2IIII.
Grant
means funds provided under
				contractual terms by EEA to achieve a goal for the benefit of the general
				public or a segment of the general public consistent with EEA's overall
				mission.
Grantee
means a public or non-public
				entity selected as a Recipient of a Grant.
Groin
means a shore protection
				structure built (usually perpendicular to the shoreline) to trap littoral drift
				or impede erosion of the shore.
High Hazard Dam
means a dam located
				where structural failure will likely cause loss of life and serious damage to
				homes, industrial or commercial facilities, essential public utilities, main
				highways or railroads.
Jetty
means a structure extending into
				a body of water, which is designed to prevent shoaling of a channel by littoral
				materials and to direct and confine the stream or tidal flow. Jetties are built
				at the mouths of rivers, tidal inlets, and harbors to help deepen and stabilize
				a channel.
Levee
means a dike or embankment
				generally of earthen materials designed to prevent riverine flooding after
				periods of exceptional rainfall.
Loan
means any form of financial
				assistance subject to repayment which is provided by the Secretary to a local
				governmental body, charitable organization or private Dam owner for all or any
				part of the cost of a project approved in accordance with
				301 CMR 15.00.
Local Governmental Body
shall include
				a town, city, district, commission, board and any regional local governmental
				unit.
Low Hazard Dam
means a dam located
				where structural failure may cause minimal property damage and loss of life is
				not expected.
Recipient
means an entity with which
				EEA has executed a Loan or Grant agreement or contract.
Remove or Removal
when applied to a
				Dam and similar impoundments, means the controlled dismantling or breaching of
				a structure, in compliance with applicable law, to the extent that water is not
				impounded or diverted or no longer impeded; provided, however, that, following
				a controlled dismantlement or breach, a minimal degree of impoundment necessary
				for agricultural uses or wetland retention and open water conditions may be
				allowed, so long as any impediment to fish passage has been removed and any
				threats to public safety or property have been alleviated.
Repair
means the reconstruction,
				rehabilitation, or replacement, whether partial or wholly, of a
				structure
Resilience
means the ability to
				withstand or recover from the impacts of climate change.
Revetment
means a structure, often a
				facing of stone or concrete, to protect an embankment or shore structure
				against erosion by wave action or currents.
Seawall
means a structure, often
				concrete or stone, built along a portion of a coast to prevent erosion and
				damage by wave action.
Secretary
. The Secretary of the
				Executive Office of Energy and Environmental Affairs or his or her
				designee.
Significant Hazard Dam
. A dam located
				where structural failure may cause loss of life and damage to homes, industrial
				and commercial facilities, secondary highways or railroads or cause
				interruption of use of service of relatively important
				facilities.