Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN › Section 28.02 - Definitions

Current through Register 1525, July 5, 2024
Activities
. Activities, uses or
				facilities allowed under M.G.L. c. 132A §§ 15 and 16 and
				301 CMR
				27.00:
Ocean Sanctuaries
.
Agency
. Any agency, department,
				board, commission, or authority of the Commonwealth.
Cables
. Linear infrastructure for the
				transmission of telecommunications or electricity.
Commercial Scale Wind Energy
. Wind
				energy projects of a scale designed for the generation of energy at commercial
				scale; that is, greater than wind energy projects for an individual community
				or subset thereof. Commercial scale wind energy facilities are those that are
				larger than the community-scale allocations contained in the Ocean Management
				Plan.
Commercial Scale Tidal Energy
. Tidal
				energy facilities at scale greater than could be authorized by the Federal
				Energy Regulatory Commission (FERC) as a pilot project under FERC's
				Hydrokinetic Pilot Project Licensing Process described in the April 2008
				Licensing Hydrokinetic Pilot Projects White Paper.
Community Scale Wind Energy
. Wind
				energy projects of a scale designed to provide energy for an individual
				community or communities. Community Scale Wind Energy Facilities must conform
				to the maximum allocation of turbines that may be approved within the areas of
				the coastal Regional Planning Agencies as contained in the Ocean Management
				Plan.
Concentrations of Water-dependent
				Uses
means areas described and mapped in the Ocean Management
				Plan, as may be updated or amended, where the intensity of marine-based
				commercial and recreational fishing, commercial shipping and navigation, and
				recreational boating uses are significant. Maps of the Concentrations of
				Water-dependent Uses and the methods utilized for developing them are available
				on the Massachusetts Ocean Resources Information System.
Environmental Impact Report
. An
				Environmental Impact Report, or EIR, as defined and used in
				301 CMR
				11.00:
MEPA Regulations
.
Environmental
				Monitor
. The publication, entitled the
Environmental Monitor
, issued by the Executive Office of
				Energy and Environmental Affairs to provide information on projects under
				review by the MEPA office, recent MEPA decisions, and other public notices from
				Agencies. The URL for the online version of the
Environmental
				Monitor
is
http://www.env.state.ma.us/mepa/emonitor.aspx
.
Environmental Notification Form
. An
				Environmental Notification Form, or ENF, as defined and used in
				301 CMR
				11.00:
MEPA Regulations
.
Host Community
. Any town or city in
				which all or part of a renewable energy Activity's energy generating facilities
				(
i.e
., turbines not cables) are located.
Massachusetts Ocean Resources Information
				System
. The online geographical information system (GIS) data base
				and mapping tool managed by the Office of Coastal Zone Management. All of the
				maps and GIS data contained in the Ocean Management Plan are maintained and
				available in digital format on the Ocean Management Plan Data site of the
				Massachusetts Ocean Resources Information System. The URL for is
http://www.mass.gov/czm/moris/oceanplan/
.
MEPA
. The Massachusetts Environmental Policy Act,
				M.G.L. c. 30, §§ 61 through 62H and
				301 CMR
				11.00:
MEPA Regulations
.
Ocean Advisory Commission
. The
				advisory commission established by the Oceans Act for the purpose of assisting
				the Secretary in the development of an Ocean Management Plan. Membership and
				other terms are defined in M.G.L. c. 21A, § 4C(c)(i) through (iii).
Ocean Management Plan
. The
				Massachusetts Ocean Management Plan developed and promulgated pursuant to St.
				2008, c. 114 and M.G.L. c. 21A, § 4C.
Ocean Management Planning Area
. The
				waters and associated submerged lands of the ocean, including the seabed and
				the soil, lying between a line designated as the "Nearshore Boundary of the
				Ocean Management Planning Area" and the seaward boundary of the Commonwealth,
				as defined in
				43 U.S.C. §
									1312. The "Nearshore Boundary of the Ocean
				Management Planning Area" is depicted on a map dated January 31, 2006, prepared
				by the Office of Coastal Zone Management, and available on the Massachusetts
				Ocean Resources Information System, that constitutes the landward boundary of
				the Ocean Management Planning Area.
Ocean Science Advisory Council
. The
				council established by the Oceans Act for the purpose of assisting the
				Secretary in creating a baseline assessment and obtaining other scientific
				information necessary for the development of the Ocean Management Plan.
				Membership and other terms are defined in M.G.L. c. 21A, § 4C(d).
Person
. Any individual, corporation,
				partnership, trust, association, or other business or nonprofit organization,
				or any Federal, municipal, or regional governmental, intergovernmental or other
				entity that is not an Agency.
Pilot Tidal
and
Wave
				Energy Project
. A tidal and wave energy (or hydrokinetic) facility
				at a scale that could be authorized by the Federal Energy Regulatory Commission
				(FERC) as a pilot project under FERC's Hydrokinetic Pilot Project Licensing
				Process described in the April 2008 Licensing Hydrokinetic Pilot Projects White
				Paper.
Pipeline
. Linear infrastructure for
				the conveyance of such materials as natural gas.
Proponent
. Any Agency or Person,
				including a designee or successor in interest, that undertakes, or has a
				significant role in undertaking, an Activity.
Regional Planning Agency
. For the
				purposes of
				301 CMR
				28.00, one of the six coastal regional planning
				organizations established pursuant to statewide enabling legislation that help
				communities plan and implement short- and long-range improvements for
				transportation, economic development, environmental, land use, and community
				development needs. The six coastal regional planning organizations are: the
				Cape Cod Commission, the Martha's Vineyard Commission, the Merrimack Valley
				Planning Commission, the Metropolitan Area Planning Council, the Nantucket
				Planning and Economic Development Commission, and the Southeastern Regional
				Planning and Economic Development District.
Renewable Energy Activities
. Wind,
				tidal, or wave energy projects allowed under M.G.L. c. 132A, §§ 15
				and 16 and includes Commercial Scale Wind Energy, Commercial Scale Tidal
				Energy, Community Scale Wind Energy, Pilot Tidal and Wave Energy, and Test or
				Demonstration-scale Renewable Energy Projects.
Sand and Gravel Extraction
. The
				activity of removing sand or gravel from the seabed and subsoil for the purpose
				of beach restoration, nourishment or shore protection.
Secretary
. The Secretary of the
				Executive Office of Energy and Environmental Affairs.
Special, Sensitive or Unique
				Resources
. Special, sensitive or unique estuarine and marine life
				and habitats, pursuant to St. 2008, c. 114 and M.G.L. c. 21A, § 4C.
				Special, Sensitive or Unique Resources are described and mapped in the Ocean
				Management Plan, as may be updated or amended. Maps of the Special, Sensitive
				or Unique Resources and the methods utilized for developing them are available
				on the Massachusetts Ocean Resources Information System.
Test or Demonstration-scale Renewable Energy
				Projects
. Wind, tidal, or wave energy projects of a limited scale
				designed to pilot, test, and demonstrate renewable energy
				technology.