reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.02 - Local Rules and Regulations

Current through Register 1525, July 5, 2024
Unless otherwise expressly provided in any other title, the
				legally designated health authority of any city, town, county or other legally
				constituted governmental unit within the Commonwealth having the usual powers
				and duties of the board of health may, as it considers necessary to promote and
				protect the health and well being of the particular locality under its
				jurisdiction, adopt under its own legal power as exists in the General Laws any
				rules or regulations containing requirements stricter than those contained in
				this code. Nor should the existence of this code limit or otherwise affect the
				power of any health authority with respect to any matter for which this code
				makes no provision.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.03 - Inspection - Interference

Current through Register 1525, July 5, 2024
(1)
Inspection
. In order properly to carry out their
			 respective responsibilities under 310 CMR and properly to protect the health,
			 environment and well-being of the people of the Commonwealth, the board of
			 health and the Department of Environmental Quality Engineering or the
			 authorized agent or representative of either are authorized to enter, examine,
			 or survey at any reasonable time such places as they consider necessary, and
			 otherwise to conduct such examination or survey as is expressly provided in any
			 other title.
(2)
Interference
. If any owner, occupant, or other person
			 refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and
			 free access to every part of the structure, operation or premise where
			 inspection authorized by 310 CMR is sought, the board of health or the
			 Commissioner of the Department of Environmental Quality Engineering or the
			 authorized agency or representative of either may:
(a) seek in a court of competent jurisdiction
			 a search warrant so as to apprise the owner, occupant or other person
			 concerning the nature of the inspection and justification for it and may seek
			 the assistance of police authorities in presenting said warrant
			 and/or
(b) revoke or suspend any
			 license, permit or other permission regulated under this code where inspection
			 of the structure, operation or premises is sought to determine compliance with
			 310 CMR 11.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.04 - Methods of Enforcement by Local Boards of Health

Current through Register 1525, July 5, 2024
Unless otherwise expressly provided in any title 310 CMR ,
				code, each board of health may enforce 310 CMR by fine in accordance with
				310 CMR 11.10, or
				otherwise at law or in equity in the same manner that local rules and
				regulations are enforced.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.05 - Emergency

Current through Register 1525, July 5, 2024
(1)
General.
Whenever an emergency exists in which the interest of protecting the public
			 health or the environment requires that ordinary procedures be dispensed with,
			 the board of health or its authorized agent, acting in accordance with the
			 provisions of M.G.L. c. 111, § 30, may, without notice or hearing, issue
			 an order reciting the existence of the emergency and requiring that such action
			 be taken as the board of health deems necessary to meet the emergency.
			 Notwithstanding any other provision of 310 CMR, any person to whom such order
			 is directed shall comply therewith within the time specified in the order. Each
			 day's failure to comply with the order shall constitute a separate offense.
			 Upon compliance with the order and within seven days after the day the order
			 has been served, he may file a written petition in the office of the board of
			 health requesting a hearing. He shall be granted a hearing as soon as possible.
			 The procedures for such hearing shall otherwise conform with the hearing
			 requirements which would have existed had the order been issued under
			 non-emergency circumstances.
(2)
Emergency Powers of the Department
. No provision of
			 310 CMR 11.00 shall be
			 construed as a limitation on the emergency powers of the Department of
			 Environmental Quality Engineering of the Commonwealth.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.06 - Enforcement by Department of Environmental Quality Engineering of the Commonwealth

Current through Register 1525, July 5, 2024
(1)
General
. If as a result of any study, inspection, or
			 survey made under
			 310 CMR
			 11.03 or under the provisions of any other
			 title of 310 CMR, the Commissioner of Environmental Quality Engineering or his
			 authorized representative determines that compliance with this code has not
			 been effected, he shall, in writing, notify the appropriate board of health of
			 such determination, allotting a reasonable time in which compliance shall be
			 effected, and requesting that the board of health, in writing, notify the
			 Commissioner of Environmental Quality Engineering of what action it has taken,
			 and what other action has been taken to effect compliance with
			 310 CMR 11.00. If the
			 Commissioner is not so notified, or if after notification he determines that
			 action sufficient to effect compliance with the provisions of this code has not
			 been taken, the local board of health shall be deemed to have failed to effect
			 compliance with
			 310 CMR 11.00.
(2)
Failure to Enforce Code by
			 Board of Health
. Whenever any local board of health has failed
			 after a reasonable length of time to enforce
			 310 CMR 11.00, the
			 Commissioner of Environmental Quality Engineering of the Commonwealth or his
			 designated representative may act for the Commonwealth in any way that the
			 local board of health is authorized to act to effect compliance.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.07 - Service of Orders

Current through Register 1525, July 5, 2024
Unless otherwise stated in any title of this code, orders
				issued under the provisions of
				310 CMR 11.00 shall be served
				on all persons responsible for the violation of regulations. These orders shall
				be served in the following manner :
(a) personally, by any person authorized to
			 serve civil process, or
(b) by any
			 person authorized to serve civil process by leaving a copy of the order at his
			 last and usual place of abode, or
(c) by sending him a copy of the order by
			 registered or certified mail, return receipt requested, if he is within the
			 Commonwealth, or
(d) if his last
			 and usual place of abode is unknown or outside the Commonwealth, by posting a
			 copy of the order in a conspicuous place on or about the premises and by
			 advertising it for at least three out of five consecutive days in one or more
			 newspapers of general circulation within the municipality wherein the building
			 or premises affected is situated.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.08 - Hearing

Current through Register 1525, July 5, 2024
(1)
Procedure for Requesting and
			 Holding Hearing
. Unless otherwise specified in
			 310 CMR 11.00, the person or
			 persons to whom any order has been served pursuant to any regulation of 310 CMR
			 may request a hearing before the board of health by filing with the board of
			 health within seven days after the day the order was served, a written petition
			 requesting a hearing on the matter. Upon receipt of such petition, the board of
			 health shall set a time and place for such hearing and shall inform the
			 petitioner thereof in writing. The hearing shall be commenced not later than 30
			 days after the day on which the order was served. The board of health, upon
			 application of the petitioner, may postpone the date of hearing for a
			 reasonable time beyond such 30-day period if in the judgment of the board of
			 health the petitioner has submitted a good and sufficient reason for such
			 postponement.
(2)
Hearing of Petitioner
. At the hearing the petitioner
			 shall be given an opportunity to be heard and to show why the order should be
			 modified or withdrawn.
(3)
Procedure by the Board After Hearing
. After the
			 hearing the board of health shall sustain, modify, or withdraw the order and
			 shall inform the petitioner in writing of its decision. If the board of health
			 sustains or modifies the order, it shall be carried out within the time period
			 allotted in the original order or in the modification.
(4)
Public Record
.
			 Every notice, order, or other record prepared by the board of health in
			 connection with the hearing shall be entered as a matter of public record in
			 the office of the clerk of the city or town, or in the office of the board of
			 health.
(5)
Hearing
			 Petition Not Submitted, or Sustaining of Order
. If a written
			 petition for a hearing is not filed with the board of health within seven days
			 after the day an order has been served or if after a hearing the order has been
			 sustained in any part, each day's failure to comply with the order as issued or
			 modified shall constitute an additional offense.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.09 - Appeal

Current through Register 1525, July 5, 2024
Any person aggrieved by the final decision of the board of
				health with respect to the denial of plan approval, the denial of revocation or
				failure to renew a license, or with respect to any order issued under the
				provisions of
				310 CMR 11.00 may seek relief
				therefrom in any court of competent jurisdiction, as provided by the laws of
				this Commonwealth.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.10 - Penalties

Current through Register 1525, July 5, 2024
(1)
Interference After Search
			 Warrant Presented
. Any owner, occupant, or other person who
			 refuses, impedes, inhibits, interferes with, restricts or obstructs entry and
			 free access to every part of the structure, operation or premises where
			 inspection authorized by
			 310 CMR 11.00 is sought after
			 a search warrant has been obtained and presented in accordance with
			 310 CMR 11.03(2)
			  shall be fined not less than $10 nor more
			 than $500.
(2)
Failure
			 to Comply With an Order
. Any person who shall fail to comply with
			 any order issued pursuant to the provisions of
			 310 CMR 11.00 shall upon
			 conviction be fined not less than $10 nor more than $500. Each day's failure to
			 comply with an order shall constitute a separate violation.
(3)
Penalties Not Otherwise
			 Provided
. Any person who shall violate any provision of
			 310 CMR 11.00 for which
			 penalty is not otherwise provided in any of the General Laws or in any other
			 provision of this code shall upon conviction be fined not less than $10 nor
			 more than $500.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.11 - Variance

Current through Register 1525, July 5, 2024
The board of health may vary the application of any provision
				of
				310 CMR 11.00 with respect to
				any particular case when, in its opinion, the enforcement thereof would do
				manifest injustice; provided, that the decision of the board of health shall
				not conflict with the spirit of these minimum standards. Any variance granted
				by the board of health shall be in writing. A copy of any such variance shall,
				while it is in effect, be available to the public at all reasonable hours in
				the office of the clerk of the city or town, or in the office of the board of
				health, and notice of the grant of variance shall be filed with the
				Commissioner of Environmental Quality Engineering of the
				Commonwealth.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.12 - Variance, Grant of Special Permission: Expiration, Modification, Suspension of

Current through Register 1525, July 5, 2024
Any variance or other modification authorized to be made by
				310 CMR 11.00 may be subject
				to such qualification, revocation, suspension, or expiration as the board of
				health or Commisioner of Environmental Quality Engineering expresses in its
				grant. A variance or other modification authorized to be made by
				310 CMR 11.00 may otherwise
				be revoked, modified, or suspended, in whole or in part, only after the holder
				there of has been notified in writing and has been given an opportunity to be
				heard, in conformity with the requirements for an order and hearing of
				310 CMR 11.07
				and
				11.08.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 11.00 - General Application And Administration Environmental Code, Title 1 › Section 11.13 - Partial Invalidity

Current through Register 1525, July 5, 2024
If any Title, regulation, paragraph, sentence, clause, phrase,
				or word of
				310 CMR 11.00 shall be
				declared invalid for any reason whatsoever, that decision shall not affect any
				other portion of
				310 CMR 11.00, which shall
				remain in full force and effect; and to this end the provisions of
				310 CMR 11.00 are hereby
				declared severable.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.01 - Introduction

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 310 CMR 12.00 is issued by
			 the Department of Environmental Protection pursuant to the authority granted
			 under M.G.L. c. 21A, § 2 (28).
(2)
Purpose
.
			 310 CMR 12.00 is promulgated
			 in order to:
(a) define and explain the
			 language of M.G.L. c. 130, § 105, and
(b) establish the general procedures under which the
			 Department of Environmental Protection will exercise its responsibilities under
			 M.G.L. c. 130, § 105.
It is the intent of the Department that
				310 CMR 12.00 is to be used
				to preserve the public safety, health and welfare, private property, wildlife
				and marine fisheries. It is further intended that these goals shall be
				accomplished through the adoption of Orders imposing restrictions on the
				coastal wetlands of the Commonwealth. The Orders shall regulate, restrict,
				prohibit, control or abate certain specified activities or uses, including
				dredging, filling, removing, otherwise altering or polluting coastal wetlands.
				The Orders shall allow other specified activities and uses within these areas,
				subject to the applicable requirements of M.G.L. c. 131, § 40. Each Order
				as adopted shall apply to a specific city or town within which coastal wetlands
				are located.
It is also the intent of the Department that
				310 CMR 12.00 be consistent
				with and form a part of the Commonwealth's Coastal Zone Management Program
				(here in after "CZM Program") as it has been promulgated and defined in
				301 CMR 20.00 issued pursuant
				to M.G.L. c. 21A entitled "Establishment of the Coastal Zone Management Program
				by the Executive Office of Environmental Affairs".
				310 CMR 12.00, however, is
				adopted independently under M.G.L. c. 130, § 105 and would remain in full
				force and effect in the absence of the CZM Program or
				301 CMR 20.00.
The interpretation and application of
				310 CMR 12.00 shall be
				consistent with the policies of the CZM Program to the maximum extent
				permissible under M.G.L. c. 130, § 105.
				301 CMR 20.00 establish the
				CZM policies as part of the CZM Program, and the Department recognizes these
				policies as state environmental policy, which it will carry out in accordance
				with M.G.L. c. 21A. Specifically
				301 CMR 20.99
				Appendix, policies 1, 2, 3, 4, 5, 7, 9, and 10 are applicable to the
				administration of M.G.L. c. 130, § 105, but the provisions of the more
				specific regulations contained in
				310 CMR 12.00 shall govern,
				unless the Secretary of Environmental Affairs (hereinafter "The Secretary")
				pursuant to the conflict resolution procedures of M.G.L. c. 21A, § 4, and
				301 CMR 20.06(20) through 20.06(28), has resolved any conflict and has
				determined that the CZM policies should or should not apply.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.03 - Notice

Current through Register 1525, July 5, 2024
Prior to adoptingany Order under M.G.L. c. 30, § 105, the
				Commissioner shallfirst give notice, as provided below, of a preliminary
				informational meeting and a public hearing.
(1)
Persons To Be Given
			 Notice
. The Department shall mail notice of the meeting and the
			 hearing to the following persons by certified mail at their last known address,
			 at least 14 days prior to the date of the preliminary informational meeting and
			 at least 21 days prior to the date of the public hearing:
(a) any assessed owner;
(b) any person other than an assessed owner
			 having an interest in any coastal wetland to be affected and whose name appears
			 on an assessor's map;
(c) any other
			 person having a recorded interest in any coastalwetland to be affected and
			 whose name and/or address is known to the Commissioner;
(d) any person having an unrecorded interest
			 in any coastal wetland to be affected and whose name and/or address is known to
			 the Commissioner;
(e) any person
			 who has acquired, subsequent to the last annual tax levy, a fee simple interest
			 in any coastal wetlands to be affected and whose name has been entered in the
			 records of the assessor's office and is available to the Department at least 60
			 days prior to the date of the public hearing;
(f) the State Reclamation Board, the
			 Department of Public Works, the Department of Environmental Management, the
			 Metropolitan District Commission, the CoastalZone Management Office, other
			 appropriate agencies of the Commonwealth, federal and local government,
			 appropriate regional planning agencies, and to the Selectmenor Mayor,
			 Conservation Commission, Planning Board and Assessors of the city or town in
			 which the coastalwetlands to be affected are located.
The Commissioner shall give notice by regular mail to any
				person who has filed a written request to receive notice of public hearing to
				be held pursuant to the Act, and to any other person he may deem appropriate,
				at least 14 days prior to the date of the preliminary informational meeting and
				at least 21 days prior to the date of the public hearing.
Any of the notices required to be given pursuant to 310 CMR
				12.03(1) shall be deemed to have been given upon mailing a copy of the notice.
				The number of days between the giving of notice and the date of the preliminary
				informational meeting and public hearing shall include Saturdays, Sundays and
				legal holidays .
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.04 - Preliminary Informational Meetings

Current through Register 1525, July 5, 2024
The Commissioner shall, at least seven days prior to the date
				of the public hearing, hold a preliminary informational meeting in the city or
				town in which the coastal wetlands to be affected are located.
(1)
Materials for Display and
			 Inspection
. The following information and materials shall be
			 available for display and inspection:
(a)
			 photogrammetric, line and symbol, or orthophoto maps depicting coastal wetland
			 boundaries, or any other maps intended for use as plans;
(b) aerial photographs of the coastal
			 wetlands to be affected;
(c)
			 assessor's maps depicting the area to be affected;
(d) a list of all persons who have been given
			 notice of the preliminary informational meeting and the public
			 hearing.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.05 - Public Hearings

Current through Register 1525, July 5, 2024
Prior to adopting any Order under M.G.L. c. 130, § 105,
				the Commissioner shall first hold a public hearing in the city or town in which
				the coastal wetlands to be affected are located.
The Commissioner or his agent designated as the Presiding
				Officer shall conduct the public hearing. Copies of all information and
				materials available at the preliminary informational meeting shall be available
				at the public hearing.
The Presiding Officer shall convene the public hearing. He or
				she or a representative of the Department shall first state the statutory
				authority under which the program operates, and shall explain the purpose of
				the program, effect of the proposed Order, and the Department's mapping,
				designating and recording procedures. The Presiding Officer shall inform
				persons having an interest in any affected coastal wetland of their right to
				request an on-site inspection and other procedures pursuant to
				310 CMR
				12.06.
The Presiding Officer shall specify the order of participation.
				Representatives of the Department shall speak first, followed by elected
				officials. Persons or groups representing agencies of the Commonwealth, federal
				agencies or local governments who have requested permission to speak shall
				proceed next, followed by those persons who have submitted requests to comment.
				Other persons who wish to speak may then proceed at the discretion of the
				Presiding Officer. The Presiding Officer shall have the right to limit the
				length of time of each presentation.
The Presiding Officer may entertain questions from the
				audience. The Presiding Officer shall have the authority to adjourn the public
				hearing and to continue it to another date.
A record of the public hearing shall be compiled by having the
				proceedings recorded by a stenographer or on tape.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.06 - Wetland Boundary Delineation Procedures

Current through Register 1525, July 5, 2024
Any person having an interest in any affected coastal wetland
				(hereinafter referred to in 310 CMR 12.06 as the "requesting person") shall
				have the right to request a wetland boundary delineation in accordance with the
				procedures set forth below. Such a request may be made at any time subsequent
				to the Department's giving notice pursuant to
				310 CMR 12.03 but not
				later than 14 days after the close of the public hearing record, unless good
				cause for the delay in making such a request can be shown to the
				Department.
(1)
On-Site
			 Inspections
. The Department shall make available, for the purpose
			 of requesting on-site inspections pursuant to 310 CMR 12.06 request forms as
			 shown in 310 CMR 12.22 Appendix A. These forms shall be available at the
			 preliminary informational meeting and public hearing held pursuant to
			 310 CMR 12.00, and at the
			 Wetlands Restriction Program Section of the Department's offices, during normal
			 business hours, at 1 Winter Street, Boston, Massachusetts 02108.
Completed request forms shall be sent to the Department at the
				above address. No form shall be deemed to be received unless properly
				completed, and improperly completed forms shall be returned.
The requesting person shall also contact the Department to
				arrange a time, date and meeting place for the on-site inspection. The location
				of the inspection shall be at the place or places specified on the request
				form.
The Department's representative shall meet with the requesting
				person at the agreed upon time, date and place.
The Department's representative shall indicate the location of
				the coastal wetland boundary on the site. The Department may, through its
				representative, conduct the on-site inspection without the requesting person,
				if the Department, prior thereto, has secured permission to do so from the
				requesting person.
The Department may answer any questions posed by the requesting
				person concerning the designation of the site inspected as land affected by an
				Order.
(2)
Delineation of Coastal Wetlands on Assessor's Maps
.
			 The Department, if requested, shall send the requesting person a tracing or
			 copy of the applicable portion of the assessor's map or maps indicating the
			 location of the boundary of the affected coastal wetland in relation to the
			 requesting person's land.
(3)
Delineation of Coastal Wetlands on Plot Plans
. The
			 Department, if requested, shall indicate the location of the affected coastal
			 wetland on an individual plot plan submitted by the requesting person to the
			 Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.07 - Adoption of Orders

Current through Register 1525, July 5, 2024
The Commissioner shall adopt Orders, including Amending,
				Modifying and Repealing Orders. No order shall be adopted until the close of
				the public hearing record.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.08 - Recording of Orders

Current through Register 1525, July 5, 2024
The Commissioner, upon the adoption of any Order, including the
				adoption of any Amending, Modifying or Repealing Order shall record a copy of
				the Order, together with the plan and list of the assessed owners of land
				affected by the Order, in the registry of deeds or, if such coastal wetlands
				are registered, in the registry of the land court. The list of assessed owners
				shall include a reference to the book and page number in the registry where the
				deed for the affected parcel is recorded.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.09 - Notice of Orders

Current through Register 1525, July 5, 2024
The Commissioner shall, following completion of the recording
				procedures pursuant to
				310 CMR 12.08
				send by certified mail a copy of the Order and plan to each person having an
				interest in coastal wetlands who was given notice and to the clerk and board of
				assessors of each city or town in which the affected coastal wetlands are
				located.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.10 - Recording in the Public Restriction Tract Index

Current through Register 1525, July 5, 2024
If any county or district having coastal wetlands affected by
				an Order has established a Public Restriction Tract Index pursuant to M.G.L. c.
				184, § 33, the Commissioner shall request that the Order, or any Amending,
				Modifying or Repealing Order, be indexed in the Public Restriction Tract Index
				for that county or district and that reference be made to the Order, list and
				plan. The Order shall be indexed pursuant to the statutory procedures
				established under M.G.L. c. 184, § 33 as most recently amended, and
				pursuant to the rules established by the Register of Deeds for the county or
				district.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.11 - Amending or Modifying Orders

Current through Register 1525, July 5, 2024
Prior to adopting any Amending or Modifying Order under M.G.L.
				c. 130, § 105, the Commissioner shall first give notice as required by,
				and shall hold a public hearing pursuant to,
				310 CMR 12.03 and
				12.05. The
				Commissioner shall also conduct any boundary delineation procedures as required
				by
				310 CMR
				12.06.
Any Amending or Modifying Order shall be adopted and recorded
				in the manner required by
				310 CMR 12.07
				and
				12.08 and a
				copy of the Amending or Modifying Order and plan shall be sent by certified
				mail to those assessed owners affected by the Amending or Modifying
				Order.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.12 - Repeal of Orders

Current through Register 1525, July 5, 2024
Prior to adopting any Repealing Order under M.G.L. c. 130,
				§ 105, the Commissioner shall first give notice in the manner required by
				310 CMR 12.03 and shall
				hold a public hearing in the manner required by
				310 CMR
				12.05.
Any Repealing Order shall be adopted and recorded in the manner
				required by
				310 CMR 12.07
				and
				12.08 and a
				copy of the Repealing Order and plan shall be sent by certified mail to those
				persons whose names appear on the list of assessed owners recorded with the
				Order being repealed.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.13 - Correcting Orders

Current through Register 1525, July 5, 2024
Any person having an interest in coastal wetlands affected by
				any Order adopted pursuant to M.G.L. c. 130, § 105, and who has reason to
				believe that the wetland boundary line of his or her wetland has been
				incorrectly delineated on the plan which has been included with an Order, may
				request the Department to have the location of his or her boundary line redrawn
				on a corrected plan.
Upon receipt of the request, a representative of the Department
				shall, within 15 days, arrange to conduct an on-site field inspection. If the
				Department finds that the boundary line is incorrectly delineated, the
				Commissioner shall record, pursuant to the procedures provided in
				310 CMR 12.08
				and send to the person requesting the correction, a corrected plan with the new
				boundary delineated thereon. The Commissioner may also correct any
				typographical, grammatical or other errors contained in any Order by recording
				a copy of the corrected Order pursuant to the procedures provided in
				310 CMR 12.08
				and by sending a copy of the corrected Order to the assessed owner or person
				having an interest in coastal wetlands affected by the Order.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.14 - Monitoring Procedures

Current through Register 1525, July 5, 2024
The Commissioner shall periodically examine the coastal
				wetlands affected by Orders.
In addition, any person who has an interest in any coastal
				wetland affected by an Order may request the Department of Environmental
				Protection to conduct a review. Upon receipt of the request, the Department
				shall conduct on- site inspection. If the Commissioner determines, following
				examination, that significant change has occurred in any such coastal wetland,
				the Department shall adopt an Amending, Modifying or Repealing Order or shall
				correct the Order pursuant to the procedures provided in
				310 CMR
				12.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.15 - Departmental Review of Orders

Current through Register 1525, July 5, 2024
Any Conservation Commission, Mayor or Board of Selectmen may
				petition the Department to conduct a review to determine if an Order has been
				violated. Upon receipt of such a petition, the Department shall conduct
				anon-site inspection of the area and shall take such corrective measures as are
				warranted.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.16 - Judicial Review of Orders

Current through Register 1525, July 5, 2024
Any person having an interest in land affected by any such
				Order, may within 90 days after receiving notice thereof, petition the Superior
				Court to determine whether such Order so restricts the use of his property as
				to deprive him of the practical uses thereof and is therefore an unreasonable
				exercise of the police power because the Order constitutes the equivalent of a
				taking without compensation.
If the court finds the Order to be an unreasonable exercise of
				the police power, and enters a finding that such Order shall not apply to the
				land of the petitioner, the Commissioner shall cause a copy of such finding to
				be recorded in the proper registry of deeds or, if the land is registered, in
				the registry district of the land court.
The Department may, after a finding has been entered that such
				Order shall not apply to certain land as provided in the preceding paragraph,
				take the fee or any lesser interest in such land in the name of the
				Commonwealth by eminent domain under the provisions of M.G.L. c. 79 and hold
				the same for the purposes set forth in 310 CMR 12.16.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.17 - Public Meetings

Current through Register 1525, July 5, 2024
The Commissioner may, from time to time, hold public meetings
				in any municipality in which coastal wetlands are located, for the purpose of
				describing or explaining the status of the Coastal Wetlands Restriction Program
				or any other aspect of the Program.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.18 - Effect on Other Orders

Current through Register 1525, July 5, 2024
All Orders adopted under M.G.L. c. 130, § 105 prior to the
				effective date of
				310 CMR 12.00 shall remain in
				full force and effect.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.19 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				310 CMR 12.00 is held to be
				invalid, such invalidity shall not affect any provision of
				310 CMR 12.00 not
				specifically held to be invalid.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders › Section 12.20 - (Coastal): Storm Emergency Provisions in the Aftermath of TROPICAL STORM SANDY (ON OR ABOUT OCTOBER 28, 2012)

Current through Register 1525, July 5, 2024
The terms of any restriction order adopted pursuant to M.G.L.
				c. 130, § 105, that are inconsistent with the provisions of
				310
				CMR 10.61:
Storm Emergency
				Regulations in the Aftermath of TROPICAL STORM SANDY (ON OR ABOUT OCTOBER 28,
				2012)
shall not prohibit work undertaken in accordance with
				310
				CMR 10.61. Work initiated in accordance with
				310
				CMR 10.61 may continue until FEBRUARY 23,
				2013 if an Emergency Certification pursuant to
				310 CMR 10.06:
Emergencies
or 10.61 is granted not later than DECEMBER 26,
				2012.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.01 - Introduction

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 310 CMR 13.00 is issued by
			 the Department of Environmental Protection pursuant to the authority granted
			 under M.G.L. c. 21A, § 2(28).
(2)
Purpose
.
			 310 CMR 13.00 is promulgated
			 in order to:
(a) define and explain the
			 language of M.G.L. c. 131, § 40A, and
(b) establish the procedures under which the
			 Department will exercise its responsibilities under M.G.L. c. 131, § 40A.
It is the intent of the Department that these definitions and
				procedures are to be used to preserve and promote the public safety, private
				property, wildlife, fisheries, water resources, flood plain areas and
				agriculture, and to prevent damage to the environment.
It is further intended that these goals shall be accomplished
				through the adoption of Orders imposing restrictions on the inland wetlands and
				flood plain areas of the Commonwealth. The Orders shall regulate, restrict, or
				prohibit certain specified activitiesoruses, including dredging, filling,
				removing or otherwise altering or polluting inland wetlands and shall establish
				encroachment lines along waterways or flood-prone areas beyond which in the
				direction of the waterway or flood-prone area, no obstruction or encroachment
				shall be placed unless authorized by the Commissioner of the Department of
				Environmental Protection.
It is also the intent of the Department that, where inland
				wetlands and flood plain areas occur within the boundary of the Massachusetts
				coastal zone as defined in the Commonwealth's Coastal Zone Management Program
				(hereinafter "CZM Program"),
				310 CMR 13.00 be consistent
				with and form a part of the CZM Program as it has been promulgated and defined
				in
				301 CMR 20.00 issued pursuant
				to M.G.L. c. 21A entitled "Establishment of the Coastal Zone Management Program
				by the Executive Office of Environmental Affairs".
				310 CMR 13.00, however, is
				adopted independently under M.G.L. c. 131, § 40A and would remain in full
				force and effect in the absence of the CZM Program or
				301 CMR 20.00.
The interpretation and application of
				310 CMR 13.00 to inland
				wetlands and flood plain areas within the boundary of the coastal zone shall be
				consistent with the policies of the CZM Program to the maximum extent
				permissible under M.G.L. c. 131, § 40A; except when to do so would require
				an act impermissible at law, or where the Secretary of Environmental Affairs,
				pursuant to the conflict resolution procedures of M.G.L. c. 21A, § 4 and
				301 CMR 20.06, has resolved any conflict and has determined that the CZM
				policies should or should not apply.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.03 - Notice

Current through Register 1525, July 5, 2024
Prior to adopting any Order under M.G.L. c. 131 ,§ 40A,
				the Commissioner shall first give notice, as provided below, of a preliminary
				informational meeting and a public hearing.
(1)
Persons To Be Given
			 Notice
. The Department shall mail notice of the meeting and the
			 hearing to the following persons by certified mail at their address as listed
			 in the assessor's records, at least 14 days prior to the date of the
			 preliminary informational meeting and at least 21 days prior to the date of the
			 public hearing:
(a) any assessed owner, unless
			 a different owner or different address is known to the Commissioner to be the
			 correct one, in which case the notice shall be so addressed;
(b) any person, other than an assessed owner,
			 having an ownership interest in any inland wetland or flood plain area to be
			 affected and whose name appears in the assessor's records;
(c) any person who has acquired, subsequent
			 to the last annual tax levy, an ownership interest in any inland wetland or
			 flood plain area to be affected and whose name has been entered in the records
			 of the assessor's office and is available to the
Department at least 60 days prior to the date of the public
				hearing;
(d) the State
			 Reclamation Board, the Department of Public Works, the Department of
			 Environmental Management, the Metropolitan District Commission, the Coastal
			 Zone Management Office, other agencies of the Commonwealth, federal and local
			 government as the Commissioner deems appropriate regional planning agencies
			 within the area to be affected, and to the Selectmen or Mayor, Conservation
			 Commission, Planning Board and Assessors of the city, town or watershed region
			 in which the inland wetlands or flood plain areas to be affected are located.
The Commissioner shall give notice by regular mail to any
				person who has filed a written request to receive notice of public hearings to
				be held pursuant to M.G.L. c. 131, § 40A, and to any other person he may
				deem appropriate, at least 14 days prior to the date of the preliminary
				informational meeting and at least 21 days prior to the date of the public
				hearing.
Any of the notices required to be given pursuant to 310 CMR
				13.03(1) shall be deemed to have been given upon mailing a copy of the notice.
				The number of days between the giving of notice and the date of the preliminary
				informational meeting and public hearing shall include Saturdays, Sundays and
				legal holidays.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.04 - Preliminary Informational Meetings

Current through Register 1525, July 5, 2024
The Commissioner shall, at least seven days prior to the date
				of the public hearing, hold a preliminary informational meeting in a city or
				town in which the inland wetlands or flood plain areas to be affected are
				located.
(1)
Materials for
			 Display and Inspection
. The following information and materials
			 shall be available for display and inspection:
(a) photogrammetric, line and symbol, or
			 orthophoto maps depicting inland wetland or flood plain area boundaries or
			 encroachment lines, or any other maps intended for use as plans;
(b) aerial photographs of the inland wetlands
			 or flood plain areas to be affected;
(c) assessor's maps depicting the area to be
			 affected;
(d) a list of all persons
			 who have been given notice of the preliminary informational meeting and the
			 public hearing.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.05 - Public Hearings

Current through Register 1525, July 5, 2024
Prior to adopting any Order under M.G.L. c. 131, § 40A,
				the Commissioner shall first hold a public hearing in a city or town in which
				the inland wetlands or flood plain areas to be affected are located.
The Commissioner or his agent designated as the Presiding
				Officer shall conduct the public hearing. Copies of all information and
				materials available at the preliminary informational meeting shall be available
				at the public hearing.
The Presiding Officer shall convene the public hearing. He or
				she or a representative of the Department shall first state the statutory
				authority under which the program operates, and shall explain the purpose of
				the program, effect of the proposed Order, and the Department's mapping,
				designating and recording procedures. The Presiding Officer shall inform
				persons having an ownership interest in any affected inland wetland or flood
				plain area of their right to request an on site inspection and other procedures
				pursuant to
				310
				CMR 13.07.
The Presiding Officer shall specify the order of participation.
				Representatives of the Department shall speak first, followed by elected
				officials. Persons or groups representing agencies of the Commonwealth, federal
				agencies or local governments who have requested permission to speak shall
				proceed next, followed by those persons who have submitted requests to comment.
				Other persons who wish to speak may then proceed at the discretion of the
				Presiding Officer. The Presiding Officer shall have the right to limit the
				length of time for each presentation.
The Presiding Officer may entertain questions from the
				audience. The Presiding Officer shall have the authority to adjourn the public
				hearing and to continue it to another date.
A record of the public hearing shall be compiled by having the
				proceedings recorded by a stenographer or on tape.
Findings will be made by the Presiding Officer and
				recommendations based on said findings submitted to the Commissioner within
				four weeks following the public hearing.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.06 - Combined Inland and Coastal Wetlands Preliminary Informational Meetings and Public Hearings

Current through Register 1525, July 5, 2024
Where coastal wetlands within a city or town are also
				concurrently proposed for restriction under M.G.L. c. 130, § 105, the
				preliminary informational meeting and public hearing required under that
				statute shall also serve as the preliminary informational meeting and public
				hearing required under M.G.L. c. 131, § 40A.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.08 - Adoption of Orders

Current through Register 1525, July 5, 2024
The Commissioner shall adopt Orders, including Amending,
				Modifying and Repealing Orders. No Order shall be adopted for any city or town
				until it is approved by the Selectmen or City Council of the city or town in
				which the inland wetlands or flood plains are located; provided, that if the
				Selectmen or the City Council fail to approve or disapprove in writing, stating
				reasons for the disapproval of the proposed Order within 30 days after receipt
				of a written request from the Commissioner, such Order shall be deemed to have
				been approved, and provided, further, if such Order is so disapproved the
				Commissioner may, after expiration of six months from the date of such
				disapproval and after due consideration of the reasons for such disapproval,
				adopt such order.
No order shall be adopted until the close of the public hearing
				record.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 13.00 - Adopting Inland Wetlands Orders › Section 13.09 - Recording of Orders

Current through Register 1525, July 5, 2024
The Commissioner, upon the adoption of any Order, including the
				adoption of any Amending, Modifying or Repealing Order shall record a copy of
				the Order, together with the plan and list of the assessed owners of land
				affected by the Order, in the registry of deeds or, if such inland wetlands or
				flood plain areas are registered, in the registry of the land court. The list
				of assessed owners shall include a reference to the book and page number in the
				registry where the deed for the affected parcel is recorded.
The Commissioner shall also cause the Order to be marginally
				referenced to the deeds of the list of assessed owners of land affected by the
				Order.