reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 10.00 - DENSELY DEVELOPED AREAS › Section 10.07 - Densely Developed Area Maps and Boundaries

Current through Register 1525, July 5, 2024
(1)
Maps
. Maps
			 depicting boundaries of densely developed areas are available upon request from
			 EOEEA at the cost of reproduction. Municipalities and EOEEA shall maintain maps
			 depicting the boundaries of densely developed areas designated within the
			 municipality.
(2)
Boundary Delineation
. Except in the case of the
			 riverfront area boundary drawn as a parallel line 25 feet horizontally inland
			 from the river's mean annual high water line, and as otherwise determined by
			 the Secretary, Densely Developed Area boundaries shall coincide, to the maximum
			 extent practicable, with roadways, property lines or other physical or legal
			 landmarks that are generally permanent and can be ascertained with relative
			 ease through field observation or inspection of scaled maps available from
			 municipalities or other government sources.
(3)
Boundary
			 Determinations
. In the event of a dispute over the boundary of an
			 approved Densely Developed Area that cannot be resolved at the local level,
			 EOEEA shall have the exclusive authority to interpret and determine the
			 boundary of a Densely Developed Area. Any Person may submit a written request
			 for a boundary determination to the Secretary. EOEEA may consult with the
			 Department of Environmental Protection, the Department of Conservation and
			 Recreation, the Department of Fish and Game, MassGIS, the Issuing Authority, or
			 any other public agency or Person in interpreting the boundary.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 10.00 - DENSELY DEVELOPED AREAS › Section 10.08 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				301 CMR
				10.00 are severable, and if any provision or
				application thereof is held invalid by a court of competent jurisdiction, such
				invalidity shall not affect the enforceability of the remainder of
				301 CMR
				10.00.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.02 - Definitions

Current through Register 1525, July 5, 2024
(1)
Undefined Terms
.
			 As used in
			 301 CMR
			 11.00, any term not defined in accordance with
			 301
			 CMR 11.02(2)  shall have the
			 meaning given to the term by any statutes, regulations, executive orders or
			 policy directives governing the subject matter of the term. Examples include a
			 term pertaining to:
(a) wetlands, which is
			 defined by the Massachusetts Wetlands Protection Act, M.G.L. c. 131, § 40,
			 and its implementing regulations,
			 310 CMR
			 10.00:
Wetlands Protection,
and
			 33 USC
			 1341 and
			 314 CMR
			 9.00:
401 Water Quality Certification for
			 Discharge of Dredged or Fill Material, Dredging, and Dredged Material Disposal
			 in Waters of the United States within the Commonwealth
regarding Water
			 Quality Certification, as well as other statutes, regulations, executive
			 orders, or policy directives that govern wetlands issues; and
(b) roadways or traffic, which is defined by
			 the Massachusetts Department of Transportation Highway Division at
			 700 CMR
			 13.00:
Approval of Access to Massachusetts
			 Department of Transportation Highways and Other Property.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.03 - Review Thresholds

Current through Register 1525, July 5, 2024
The review thresholds identify categories of Projects or
				aspects thereof of a nature, size or location that are likely, directly or
				indirectly, to cause Damage to the Environment. Except when the Secretary
				requires fail-safe review, the review thresholds determine whether MEPA review
				is required. MEPA review is required when one or more review thresholds are met
				or exceeded and the subject matter of at least one review threshold is within
				MEPA jurisdiction. A review threshold that is met or exceeded specifies whether
				MEPA review shall consist of an ENF and a mandatory EIR or of an ENF and other
				MEPA review if the Secretary so requires. The subject matter of a review
				threshold is within MEPA jurisdiction when there is full-scope jurisdiction
				(
i.e
., the Project is undertaken by an Agency or seeks the
				provision of Financial Assistance) or when the subject matter of the review
				threshold is conceptually or physically related to the subject matter of one or
				more required Permits (provided that the review thresholds for Land and Areas
				of Critical Environmental Concern shall be considered to be related to the
				subject matter of any required Permit) or the area subject to a Land Transfer.
				The review thresholds do not apply to: a lawfully existing structure, facility
				or activity; Routine Maintenance; a Replacement Project; or a Project that is
				consistent with a Special Review Procedure review document, or other plan or
				document that has been prepared with the express purpose of assessing the
				potential environmental impacts from future Projects, has been reviewed as such
				in accordance with MEPA and
				301 CMR
				11.00, and has been allowed or approved by any
				Participating Agency, unless the filing of an ENF and an EIR was required by a
				decision of the Secretary on any such review document, plan or document. The
				review thresholds are the following:
(1)
Land
.
(a)
ENF and Mandatory
			 EIR
.
1. Direct alteration of 50
			 or more acres of land, unless the Project is consistent with an approved
			 conservation farm plan or forest cutting plan or other similar generally
			 accepted agricultural or forestry practices.
2. Creation of ten or more acres of
			 impervious area.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.04 - Fail-Safe Review

Current through Register 1525, July 5, 2024
(1)
Petition or Secretary's Initiative
. Upon written
			 petition by one or more Agencies or ten or more Persons, or at the initiative
			 of the Secretary, the Secretary may require a Proponent to file an ENF or
			 undergo other MEPA review for a proposed program, regulations, policy, or other
			 Project that does not meet or exceed any review thresholds unless all Agency
			 Actions for the Project have been taken, provided that the Secretary finds in
			 the decision on the petition or initiative that:
(a) the Project is subject to MEPA
			 jurisdiction;
(b) the Project has
			 the potential to cause Damage to the Environment and the potential Damage to
			 the Environment either:
1. could not
			 reasonably have been foreseen prior to or when
			 301 CMR
			 11.00 was promulgated; or
2. would be caused by a circumstance or
			 combination of circumstances that individually would not ordinarily cause
			 Damage to the Environment; and
(c) requiring the filing of an ENF and other
			 compliance with MEPA and
			 301 CMR
			 11.00:
1. is
			 essential to avoid or minimize Damage to the Environment; and
2. will not result in an undue hardship for
			 the Proponent.
A written petition for fail-safe review shall state with
				specificity the Project-related facts that the petitioners believe support the
				Secretary's required findings.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.10 - Project Changes and Lapses of Time

Current through Register 1525, July 5, 2024
(1)
Notice of Project Change for Project Change
. Unless
			 the Secretary has indicated otherwise in the certificate on a review document
			 or as part of a Special Review Procedure, the Proponent shall, and any other
			 Agency or Person may, file a Notice of Project Change with the Secretary if
			 there is any material change in a Project prior to the taking of all Agency
			 Actions for the Project. The selection by the Proponent or the imposition as a
			 condition or restriction in a Permit or other relevant review document allowing
			 or approving an Agency Action of any alternative that similarly avoids,
			 minimizes, or mitigates potential environmental impacts shall not constitute a
			 change in the Project, provided that the alternative was previously reviewed in
			 an EIR. The continuation of the Project by a new Proponent shall not by itself
			 constitute a change in the Project, provided that the new Proponent adopts all
			 mitigation measures to which the previous Proponent committed. The Notice of
			 Project Change shall specify in detail any change in the information provided
			 in any previous review document.
(2)
Notice of Project Change for
			 Lapse of Time
. Unless the Secretary has indicated otherwise in the
			 Scope or as part of a Special Review Procedure, the Proponent shall, and any
			 other Agency or Person may, file a Notice of Project Change with the Secretary
			 if more than three years have elapsed between the publication of the ENF and
			 the publication of the notice of the availability of the single or final EIR or
			 between:
(a) the publication of the notice of
			 the availability of the single or final EIR; and
(b) the earlier of:
1. notification of Commencement of
			 Construction in accordance with
			 301
			 CMR 11.08(9), provided that
			 the Proponent has not thereafter suspended or abandoned construction for more
			 than three years; and
2.
			 commencement of non-construction related work or activity, including
			 expenditure of funds for final design, property acquisition, or marketing,
			 provided that the Proponent has continued to take major steps in a continuous
			 sequence to advance the Project.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.11 - Waivers

Current through Register 1525, July 5, 2024
(1)
Standards for all
			 Waivers
. The Secretary may waive any provision or requirement in
			 301 CMR
			 11.00 not specifically required by MEPA and may impose
			 appropriate and relevant conditions or restrictions, provided that the
			 Secretary finds that strict compliance with the provision or requirement would:
(a) result in an undue hardship for the
			 Proponent, unless based on delay in compliance by the Proponent; and
(b) not serve to avoid or minimize Damage to
			 the Environment.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.12 - Agency Responsibilities and Section 61 Findings

Current through Register 1525, July 5, 2024
(1)
Review of Agency
			 Programs
. An Agency shall periodically review and evaluate its own
			 programs, regulations, and policies and determine the potential environmental
			 impacts of its implementation of its programs, regulations, and policies, and
			 ensure that it and each applicant for a Permit, Financial Assistance, or a Land
			 Transfer undertake due compliance with MEPA and
			 301 CMR
			 11.00.
(2)
Determination by an Agency
.
(a)
Prior to Agency
			 Action
. An Agency shall determine whether MEPA and
			 301 CMR
			 11.00 require MEPA review whenever it expects to take
			 Agency Action on a Project. MEPA review is required only if the Project is
			 subject to MEPA jurisdiction and either it meets or exceeds one or more review
			 thresholds or the Secretary requires fail-safe review.
(b)
Proponent's
			 Demonstration
. A Participating Agency may require the Proponent to
			 demonstrate that a Project does not meet or exceed any review thresholds or
			 that there has been due compliance with MEPA and
			 301 CMR
			 11.00, prior to granting a Permit, providing Financial
			 Assistance, or closing a Land Transfer.
(c)
Agency's
			 Finding
. If an Agency determines that MEPA review is not required,
			 the Agency shall, if requested by the Secretary or an applicant for a Permit,
			 Financial Assistance, or a Land Transfer, or the Agency may, on its own
			 initiative, make a finding regarding the determination that specifies any
			 provisions or requirements of MEPA or
			 301 CMR
			 11.00 on which the determination is based, and shall
			 furnish a copy of the finding to the Secretary or applicant upon request. An
			 Agency's making a finding and furnishing a copy to the Secretary shall not mean
			 that the Secretary has issued an advisory opinion in accordance with
			 301
			 CMR 11.01(6). The Agency's
			 finding shall not limit the Secretary's discretion in issuing an advisory
			 opinion.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.13 - Emergency Action

Current through Register 1525, July 5, 2024
(1)
Commencement of Project for Emergency Action and Initial
			 ENF
. In the rare case when Commencement of a Project is essential
			 to avoid or eliminate an imminent threat to environmental resources or quality
			 or public health or safety, the Proponent may undertake Commencement of the
			 Project without prior due compliance with MEPA and
			 301 CMR
			 11.00 provided that the Proponent shall make all
			 reasonable efforts to obtain the prior written approval of the Secretary. The
			 Proponent shall limit any emergency action taken without prior due compliance
			 with MEPA and
			 301 CMR
			 11.00 to the minimum action necessary to avoid or
			 eliminate the imminent threat. The Proponent shall file an initial ENF
			 describing the Project in as much detail as is then known within ten Days of
			 Commencement of the Project. The initial ENF shall describe all measures taken
			 to avoid or minimize potential environmental impacts from the emergency action,
			 describe any additional measures to be taken to mitigate potential
			 environmental impacts from the emergency action, and list any Agency to which
			 the Proponent provided prior notification of, or from which the Proponent
			 received prior approval for, the emergency action. Within the earlier of 60
			 Days of Commencement of the Project or when the threat is no longer imminent,
			 the Proponent shall undertake full due compliance with MEPA and
			 301 CMR
			 11.00 by filing an amended or substitute ENF or any
			 other review document that the Secretary may require after reviewing the
			 initial ENF.
(2)
EIR
			 after Emergency Action
. An EIR for a Project on which the
			 Proponent undertook emergency action shall describe specific alternatives to
			 the emergency action, the necessary duration of the emergency action, and the
			 appropriateness or necessity of undertaking similar action in similar future
			 circumstances.
(3)
Programs or Projects Not Considered Emergency Action
.
			 Any program, regulations, policy, or other Project implemented or undertaken to
			 deal with future emergencies, or periodic recurrence of an emergency condition,
			 shall not be considered an emergency action.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.14 - Legal Challenges

Current through Register 1525, July 5, 2024
(1)
Notice of Intent to Commence Action
. An Agency or
			 Person alleging that the Secretary improperly decided that a Project requires
			 an EIR shall provide notice of intent to commence an action or proceeding
			 within 60 Days of the publication of notice of the Secretary's decision in the
Environmental Monitor
in accordance with
			 301
			 CMR 11.15(2). An Agency or
			 Person alleging that the Secretary improperly decided that a single or final
			 EIR complies with MEPA and
			 301 CMR
			 11.00 shall provide notice of intent to commence an
			 action or proceeding within 60 Days of the publication of the notice of the
			 availability of the single or final EIR in the
Environmental
			 Monitor
in accordance with
			 301
			 CMR 11.15(2). This notice
			 shall be provided on the form available from the MEPA Office to the Secretary,
			 the Proponent, and the Attorney General. This notice shall include the EEA file
			 number and shall identify with particularity the reasons why the decision is
			 believed to be improper, and the point during MEPA review at which the matter
			 complained of was raised. These notice procedures shall substitute for the
			 notice and waiting period required in accordance with M.G.L. c. 214, §
			 7A.
(2)
Notice of
			 Agency Action
.
(a) For any
			 Project where a timely Notice of Intent is submitted to the Secretary in
			 accordance with
			 301
			 CMR 11.14(1), the Secretary
			 shall promptly forward such Notice of Intent to the Agencies that will take
			 Agency Action on the Project.
(b)
			 Any Agency or Person submitting a Notice of Intent for a Project pursuant to
			 301
			 CMR 11.14(1)  may also
			 submit a Request for Notice of Agency Actions to be taken on the Project. In
			 that case, such Agency or Person must also send a copy of the Notice of Intent
			 to those Agencies that will take Agency Action on the Project (as identified in
			 the ENF, listed in any EIR, specified in any NPC, specified in any Agency
			 comments, or included in any Secretary's certificate) and notify such Agency
			 that it is requesting notice in accordance with
			 310
			 CMR 11.14(2)(c).
(c) Any Agency that has received a Notice of
			 Intent and a Request for Notice in accordance with
			 301
			 CMR 11.14(2)(b)  shall
			 provide a true, accurate and complete copy of any Agency Action (and any
			 Section 61 Findings) it takes on the Project to the Agency or Person who has
			 submitted the Request for Notice no later than ten days following the Agency
			 Action.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 11.00 - Mepa Regulations › Section 11.17 - Transition Rules

Current through Register 1525, July 5, 2024
(1)
Project without Previous ENF
.
			 301 CMR
			 11.00 shall apply to any Project for which no ENF was
			 filed prior to January 6, 2023, unless all Agency Actions for the Project were
			 taken by each Participating Agency:
(a) prior
			 to January 6, 2023; or
(b) within
			 60 Days after January 6, 2023, provided that the Proponent and each
			 Participating Agency certify in writing to the Secretary that the Proponent
			 filed a complete application and that the Participating Agency completed its
			 review of the application for each required Permit or Financial Assistance
			 prior to January 6, 2023.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.01 - Purpose

Current through Register 1525, July 5, 2024
301 CMR 12.00 establishes
				procedures by which Areas of Critical Environmental Concern (ACECs) may be
				designated, provides for dissemination of information on areas so designated,
				and establishes general policies for Commonwealth actions within designated
				ACECs.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.02 - General Provisions

Current through Register 1525, July 5, 2024
ACECs are those areas within the Commonwealth where unique
				clusters of natural and human resource values exist and which are worthy of a
				high level of concern and protection. The designation process comprises five
				steps: nomination, review by the Secretary, public hearings, decision by the
				Secretary, and publication of notice of the results in the
Environmental Monitor.
The purpose of the designation process
				is to determine if the nominated area is of regional, state, or national
				importance or contains significant ecological systems with critical
				interrelationships among a number of components. After designation, the aim is
				to preserve and restore these areas and all EOEEA agencies are directed to take
				actions with this in mind.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.04 - Nomination for Designation

Current through Register 1525, July 5, 2024
(1) Areas may be
			 nominated for designation as ACECs by:
(a)
			 any ten citizens of the Commonwealth;
(b) the Board of Selectmen, City Council,
			 Mayor, Planning Board, or Conservation Commission of any city or town which
			 would be affected by the designation;
(c) any state agency or regional planning
			 agency;
(d) the Governor or any
			 member of the General Court.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.05 - Eligible Areas

Current through Register 1525, July 5, 2024
To be eligible for nomination, an area shall contain features
				from four or more of the following groups:
(1)
Fisheries
.
			 Anadromous/catadromous fish runs, fish spawning areas, fish nursery areas, or
			 shellfish beds.
(2)
Coastal Features
. Barrier beach system, bank, beach,
			 rocky intertidal shore, or dune.
(3)
Estuarine
			 Wetlands
. Embayment, estuary, salt pond, salt marsh, or
			 beach.
(4)
Inland
			 Wetlands
. Freshwater wetlands, marsh, flat, wet meadow, or
			 swamp.
(5)
Inland
			 Surface Waters
. Lake, pond, river, stream, creek, or oxbow, bank,
			 Riverfront Area.
(6)
Water Supply Areas
. Surface water reservoir, reservoir
			 watershed, groundwater aquifer, or aquifer recharge area.
(7)
Natural Hazard
			 Areas
. Floodplain, erosion area, or unstable geologic
			 area.
(8)
Agricultural
			 Areas
. Land of agricultural productivity, forestry land, or
			 aquaculture site.
(9)
Historical/Archaeological Resources
. Buildings, site,
			 or district of historical, archaeological, or paleontological
			 significance.
(10)
Habitat Resources
. Habitat for Threatened or
			 Endangered plant or animal species, habitat for species of Special Concern,
			 riparian corridors, or other significant wildlife habitat.
(11)
Special Use
			 Areas
. Significant undeveloped or natural areas, public
			 recreational areas, Scenic Landscapes, or Heritage Landscapes.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.06 - Review of Nominations

Current through Register 1525, July 5, 2024
Upon receipt of the nomination the Secretary shall make an
				initial review of the proposed area and the reasons for its nomination. The
				Secretary may request such additional information from the nominating party as
				he deems necessary. The Secretary shall, within 45 days of receiving the
				nomination or such additional information as he or she may request under 301
				CMR 12.06, whichever is later, inform the nominating party in writing either
				that he or she is accepting the nomination for designation and will proceed
				with a full review, or that he is declining to review the area for designation.
				If he or she declines, a summary of reasons shall be given.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.07 - Public Notice and Public Hearing

Current through Register 1525, July 5, 2024
Before designating an area, the Secretary shall hold a public
				hearing. The hearing must be held within 25 miles of the area nominated or at
				the nearest location where a suitable facility exists. Public notice of the
				hearing shall be published by the Secretary not less than 30 days before such
				hearing in the
Environmental Monitor.
Notice shall also be
				published in a newspaper of general circulation in the vicinity of the
				nominated area and in appropriate trade, industry, informational, or
				professional publications. Such notice shall be mailed to the appropriate
				Boards of Selectmen, Town Managers, City Councils, or Mayors; Planning Boards;
				Conservation Commission; and at the Secretary's discretion, to interested
				citizens or organizations. Such notice shall include a citation of the
				authority under which the designation would occur, a summary of the reasons
				proposed for such a designation, the time and place of the hearing, and the
				method by which members of the public may make their views known. A map of the
				area to be designated may be included.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.09 - Secretarial Finding

Current through Register 1525, July 5, 2024
The Secretary shall make a final decision as to whether or not
				to designate a nominated area within 60 days of the public hearing held
				pursuant to
				301 CMR
				12.07. The Secretary shall designate an ACEC
				only after finding that, on the basis of the information presented by the
				nominating party and at the public hearing and after a review of the factors
				listed in
				301 CMR 12.08(1) through
				(10), the area is of critical environmental
				concern to the Commonwealth.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.10 - Notice and Effective Date of Designation

Current through Register 1525, July 5, 2024
(1)
			 The Secretary shall publish notice of the decision under
			 301 CMR 12.09
			 in the
Environmental Monitor.
The written findings shall be
			 available for public inspection at the office of the Secretary. The effective
			 date of any designation shall be the date of publication of the notice in the
Environmental Monitor
unless the Secretary shall otherwise
			 provide.
(2) A designation shall
			 not apply to any project if, at the time the Secretary receives a nomination:
(a) all necessary permits have been applied
			 for; or
(b) an agency has commenced
			 construction of a project.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.11 - Effects of Designation

Current through Register 1525, July 5, 2024
Designation of an area as an ACEC shall have the following
				effects:
(1) All EOEEA agencies shall
			 take action, administer programs, and revise regulations in order to:
(a) acquire useful scientific data on the
			 ACEC,
(b) preserve, restore, or
			 enhance the resources of the ACEC, and
(c) ensure that activities in or impacting on
			 the area are carried out so as to minimize adverse effects on:
1. marine and aquatic productivity;
2. surface and groundwater quality or
			 quantity;
3. habitat values and
			 biodiversity;
4. storm damage
			 prevention or flood control;
5.
			 historic and archeological resources;
6. scenic and recreational resources;
			 and
7. other natural resource
			 values of the area.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.12 - Review of Designation

Current through Register 1525, July 5, 2024
(1) The Secretary
			 shall review periodically the designations of ACECs to evaluate the success of
			 agency actions in the designated areas and whether the designation should be
			 amended or repealed.
(2) At any
			 time after an ACEC has been designated for one year, the Secretary or any of
			 the nominating parties listed in
			 301 CMR
			 12.04 may seek to amend or repeal the
			 designation. Such a petition shall be treated as a nomination under
			 301 CMR
			 12.06 through
			 12.10.
(3) At any time after one year from the time
			 the Secretary has declined to designate an area, any person eligible under
			 301 CMR
			 12.04 may petition the Secretary to
			 reevaluate that decision. Such requests shall be treated as a
			 nomination.
(4) Any designation
			 made under predecessor ACEC regulations shall stand, unless amended or repealed
			 in accordance with 301 CMR 12.12.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.14 - Waiver

Current through Register 1525, July 5, 2024
The Secretary may waive any provision or requirement in
				301 CMR 12.00 not
				specifically required by law when in the Secretary's judgment strict compliance
				with such provision or requirement would result in an undue hardship and would
				not serve to further the intent of M.G.L. c. 21A, §
				2(7).
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 12.00 - Areas of critical environmental concern › Section 12.15 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				301 CMR 12.00 or the
				application thereof is held to be invalid by a court of competent jurisdiction,
				such invalidity shall not affect other provisions or the application of any
				part of
				301 CMR 12.00 not
				specifically held invalid, and to this end the provisions of
				301 CMR 12.00 thereof are
				declared to be severable.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 13.00 - Public Benefit Determination › Section 13.01 - Definitions

Current through Register 1525, July 5, 2024
Department
means the Department of
				Environmental Protection (DEP).
Landlocked Tidelands
is defined in
				310 CMR 9.02.
MEPA
means the Massachusetts
				Environmental Policy Act, M.G.L. c. 30, §§ 61 through 621, and
				301 CMR
				11.00.
Secretary
means the Secretary of the
				Executive Office of Energy and Environmental Affairs.
Tidelands
is defined in
				310 CMR 9.02.
Water-dependent Use
is defined in
				310 CMR
				9.12(2).
Water-dependent Use-Project
is defined
				in
				310 CMR
				9.12(1).
Nonwater-dependent Use
is defined in
				310 CMR
				9.12.
Nonwater-dependent Use Project
is
				defined in
				310 CMR
				9.12(1).
For purposes of interpreting
				301
				CMR 13.00, the definitions of terms contained in
				301 CMR
				11.00 and
				310 CMR
				9.00 shall apply.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 13.00 - Public Benefit Determination › Section 13.02 - Applicability

Current through Register 1525, July 5, 2024
The Secretary shall conduct a public benefit determination for
				projects that fall within 301 CMR 13.02(1). The Secretary may conduct a public
				benefit determination for projects that do not fall within 301 CMR 13.02(1) in
				accordance with 301 CMR 13.02(2).
(1)
Mandatory Public Benefit Review
. A public benefit
			 determination shall be required for any project that:
(a) files an environmental notification form
			 after November 15, 2007;
(b) is
			 required to file an environmental impact report; and
(c) is completely or partially located in
			 tidelands or landlocked tidelands.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 13.00 - Public Benefit Determination › Section 13.03 - Procedures

Current through Register 1525, July 5, 2024
(1) Projects undergoing mandatory public
			 benefit review shall follow these procedures:
(a) The proponent shall include in the
			 environmental notification form or the environmental impact report (at the
			 proponent's election) detailed information describing the nature of the
			 tidelands affected by the project and the public benefit of the project,
			 including the purpose and effect of the project, the impact on abutters and the
			 surrounding community, enhancement to the property, benefits to the public
			 trust rights in tidelands or other associated rights, including but not limited
			 to, benefits provided through previously obtained municipal permits, community
			 activities on the site, environmental protection and preservation, public
			 health and safety, and the general welfare. For projects in landlocked
			 tidelands, this information may be combined with the information required under
			 301 CMR 11,05(4)(b) and
			 301 CMR
			 11.07(6)(g)10.
(b) The public shall have the opportunity
			 during the MEPA public comment period(s) to comment on whether the project
			 provides a public benefit, and the proponent shall have the opportunity to
			 submit additional information during the MEPA process.
(c) For projects in landlocked tidelands, the
			 Secretary shall make a public benefit determination within 30 days after the
			 issuance of the certificate concluding the MEPA process or the issuance of any
			 waiver pursuant to
			 301 CMR 11.11.
(d) For projects requiring a chapter 91
			 license, the Secretary shall make a public benefit determination within 30 days
			 after the issuance of a certificate concluding the MEPA process or the issuance
			 of any waiver pursuant to
			 301 CMR 11.11.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 13.00 - Public Benefit Determination › Section 13.04 - Standards

Current through Register 1525, July 5, 2024
(1)
Water-dependent
			 Projects
. The Secretary shall presume that water-dependent
			 projects meet the criteria listed in 301 CMR 13.04 and provide adequate public
			 benefit.
(2)
Nonwater-dependent Projects
. In making the public
			 benefit determination, the Secretary shall consider the following criteria:
(a) the purpose and effect of the
			 project,
(b) the impact on abutters
			 and the surrounding community,
(c)
			 enhancement to the property,
(d)
			 benefits to the public trust rights in tidelands or other associated rights,
			 including but not limited to, benefits provided through previously obtained
			 municipal permits,
(e) community
			 activities on the site,
(f)
			 environmental protection and preservation,
(g) public health and safety, and the general
			 welfare.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 13.00 - Public Benefit Determination › Section 13.05 - Relationship of Public Benefit Determination and Chapter 91 License

Current through Register 1525, July 5, 2024
The Department shall incorporate the public benefit
				determination of the Secretary in its official record of the chapter 91
				license. The Secretary's public benefit determination shall not supersede,
				eliminate, or in any way impair the Department's exercise of its powers under
				chapter 91.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 14.00 - Conservation land tax credit › Section 14.01 - Introduction

Current through Register 1525, July 5, 2024
(1)
Authority
. The
			 Executive Office of Energy and Environmental Affairs (EEA) pursuant to its
			 authority under M.G.L. c. 21A, § 2A, St. 2008, c. 509 §§1
			 through 4, as amended by St. 2010, c. 409, §§ 4 through 13, is
			 authorized to define the circumstances under which interests in real property
			 shall be eligible for certification as a Qualified Donation under M.G.L. c. 62,
			 § (6)(p) and M.G.L. c. 63, § 38AA.
(2)
Purpose
.
			 301
			 CMR 14.00 seeks to define real property interests
			 eligible for state tax credits for those property interests deemed to have
			 sufficient natural resources in the public interest which qualify for the
			 Massachusetts Conservation Land Tax Credit Program (CLTC) when protected in
			 perpetuity.
			 301
			 CMR 14.00 establishes criteria and implement
			 conditions, limitations, and exclusions for certification for the CLTC. If EEA
			 determines that proposed land qualifies for a CLTC, EEA shall issue a Land
			 Identification Number (LIN) to the landowner and the Massachusetts Department
			 of Revenue (Department) to the effect that the donated portion of the real
			 property interests under the CLTC have sufficient natural resource values in
			 the public interest and meet the requirements for perpetual
			 protection
(3)
The Name
			 of the Program
. The program shall be referred to as the
			 Massachusetts Conservation Land Tax Credit (CLTC) Program.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 14.00 - Conservation land tax credit › Section 14.03 - Applications for Pre-CLTC and LIN

Current through Register 1525, July 5, 2024
The application for Pre-CLTC is a three part process. 301 CMR
				14.03(1) through (4) is the review of the documents listed and focused on the
				quality of the donation for an initial determination of the eligibility of a
				proposed Property Interest or Restriction as Certified Land. If the first part
				results in a determination of eligibility, 301 CMR 14.03(5) requires the
				Applicant to provide EEA with an opinion of value of the Certified Land to be
				donated, based on a Qualified Appraisal. EEA will then issue the Applicant a
				notice to proceed based on a determination that the annual tax credit limit
				will not be exceeded. 301 CMR 14.03(6) through (11) requires the Applicant to
				complete the application.
In tax year 2011 only, there will be a public lottery to
				establish the order of applications received. This lottery will be held two
				weeks after September 16, 2011, on the next occurring Tuesday at 10:00 A.M. All
				applications received by 5:00 P.M. the previous day will be considered.
In tax year 2011 only, Applicants who conveyed their Property
				Interest between January 1, 2011 and September 16, 2011 may apply for
				Pre-CLCC.
(1) For conveyances to an
			 Agency:
(a) The Applicant must apply to EEA
			 and secure the assignment of a number showing the receipt of the application.
			 The Applicant must comply with 301 CMR 14.03(2) and (5). The Applicant is also
			 subject to the notice to proceed, 301 CMR 14.03(2), (6) through (11);
(b) The Applicant is responsible for applying
			 to the Agency and complying with the requirements of that Agency, including due
			 diligence standards, statutory and regulatory requirements, and
			 protocols;
(c) The Applicant and
			 the Agency must notify EEA of the satisfactory completion of the grant of the
			 Certified Land and satisfaction of all requirements of the Agency;
(d) The Applicant shall provide documentation
			 of the recorded deed, appraisal, title, plan or metes and bounds
			 description;.
(e) The Applicant
			 must notify EEA as soon as it appears that the Property Interest is not
			 certifiable in the current tax year, or if the Applicant withdraws the Property
			 Interest from consideration; and
(f) The Applicant and the Agency will notify
			 EEA by October 1st of the progress of all pending
			 Pre-CLTCs, an explanation of the reason each application is still pending, and
			 whether any are anticipated to close before December
			 31st of the tax year. If it appears that the
			 application will not be certified by the end of the tax year, EEA, in its sole
			 discretion, may require that the application be withdrawn, or carried over to
			 the following year.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 14.00 - Conservation land tax credit › Section 14.05 - Evaluation Criteria

Current through Register 1525, July 5, 2024
(1) EEA will use
			 valid statewide, regional and local natural resource maps, policies and plans
			 to analyze land for CLTC. The protection of natural resources in the public
			 interest and of statewide or regional significance may be evidenced by how well
			 the proposed donation substantially protects the resources described by one or
			 more of the following statewide or regional maps, policies and plans or two or
			 more of the following local maps, policies and plans:
(a) Zone I and II and Zone A and B and high
			 and medium yield aquifer drinking water maps;
(b) state, regional and local Water Supply
			 Protection Plans;
(c) the State
			 Wildlife Action Plan;
(d) BioMap2
			 or any succeeding versions, including various upland and aquatic resource
			 maps;
(e) Priority Habitat
			 delineated by the Department of Fish and Game (DFG) pursuant to M.G.L. c.
			 131A;
(f) regional water supply and
			 wildlife habitat maps and plans;
(g) prime or important agricultural and
			 forest soils;
(h) Department of
			 Agricultural Resources APR blocks;
(i) priority areas in the Department of
			 Conservation and Recreation's state forest assessment and strategy;
(j) various focus areas for EEA and federal
			 natural resource agencies;
(k)
			 specific priority resources in the Statewide Comprehensive Outdoor Recreation
			 Plan;
(l) state or regional natural
			 resource, greenway or park priority plans;
(m) state and regional scenic plans and
			 designations;
(n) federal, state or
			 local natural resource designated areas such as Areas of Critical
Environmental Concern or federal Scenic Byways;
(o) areas mapped by the
			 Massachusetts Historic Commission as important for cultural resource
			 protection;
(p) specific priority
			 resources in local Open Space and Recreation Plans that are consistent with and
			 substantially advance statewide or regional policies or plans;
(q) other valid natural resource maps, plans
			 and policies; and
(r) land that is
			 located in an environmental justice area as identified and designated on state
			 environmental justice plans.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 14.00 - Conservation land tax credit › Section 14.06 - State Law Controls

Current through Register 1525, July 5, 2024
If there is a conflict between state and federal law,
				Massachusetts law shall control except where St. 2008, c. 509 requires that
				federal law controls.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 14.00 - Conservation land tax credit › Section 14.07 - EEA Certification

Current through Register 1525, July 5, 2024
EEA reserves the right, in its sole discretion, to determine
				whether to certify land or issue an LIN for a Qualified
				Donation.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 14.00 - Conservation land tax credit › Section 14.08 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				301
				CMR 14.00 are severable. If any provision or
				application thereof is held to be invalid by a court of competent jurisdiction,
				such invalidity will be severed and will not affect the remainder of
				310 CMR
				14.00.
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 15.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 301 CMR 15.00 establishes the
			 rales and regulations for the administration and implementation of the Dam and
			 Sea Wall Repair or Removal Fund including, but not limited to, a priority
			 system for the approval of projects. The Fund is used to provide grants and
			 loans to local governmental bodies, charitable organizations and private Dam
			 owners to finance or refinance eligible costs of coastal and inland waterway
			 infrastructure inspection, Repair and Removal projects, including, but not
			 limited to, projects related to Dams, Seawalls, Jetties, Revetments, Retaining
			 Walls, Levies and other means of flood control.
(2) The Executive Office of Energy and
			 Environmental Affairs may issue supplemental policies, guidelines or guidance
			 documents to assist in the implementation of
			 301 CMR 15.00.
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 15.03 - Program Management

Current through Register 1525, July 5, 2024
(1) EEA may use
			 amounts in the Fund to make both Grants and Loans to eligible recipients as
			 provided in
			 301 CMR
			 15.04.
(2) Subject to available funding, EEA will
			 post a Request for Responses on a publicly accessible common website as
			 directed by the Commonwealth's Operational Services Division of the
			 availability of financial assistance from the Fund which will include
			 information on how to apply and related program requirements.
(3) All awards made shall be subject to
			 815 CMR 2.00:
Grants
			 and Subsidies.
(4) Upon
			 establishment of the Fund, 50% of the monies deposited into the Fund shall be
			 dedicated to a sub-account for Grant and Loan awards for projects related to
			 Dams. The repayment of principle on all Loans from this sub-account shall
			 remain dedicated to providing Loan assistance to projects related to
			 Dams.
(5) Upon establishment of the
			 Fund, the remaining 50% of the monies deposited into the Fund shall be
			 dedicated to a sub-account for Grant and Loan awards for projects related to
			 other means of flood or wave control including, but not limited to, Seawalls,
			 Jetties, Groins, Revetments, Retaining Walls, and Levees. The repayment of
			 principle on all Loans from this sub-account shall remain dedicated to these
			 purposes.
(6) Subsequent to the
			 establishment of the Fund, interest paid to EEA on Loans issued shall also be
			 allocated evenly to each sub-account as described 301 CMR 15.03(4) and
			 (5).
(7) The Secretary shall
			 solicit public input periodically on the priorities to be addressed by Grants
			 and Loans authorized under
			 301 CMR
			 15.06.
(8) EEA may contract with a third party to
			 assist with fund administration.
(9) EEA may charge an annual fee to cover the
			 cost of Loan administration during the term of the loan. All such fees and any
			 interest charged will be outlined in the loan agreement.