Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 10.00 - Massachusetts Endangered Species Act › Part IV - Alteration of Significant Habitat › Section 10.62 - Activities Exempt from the Requirement for an Alteration Permit

Current through Register 1525, July 5, 2024
(1)
Agriculture and
				Aquaculture
. The normal maintenance and improvement of land in
				agricultural or aquacultural use shall be exempt from the requirement to obtain
				an Alteration Permit. This exemption shall continue only so long as such land
				remains in agricultural or aquacultural use. Land in agricultural or
				aquacultural use does not include those portions of a site that are not in such
				use and are not designated fallow land. The normal maintenance and improvement
				of land in agricultural or aquacultural use does not include site preparation
				for purposes of conversion to another, non-agricultural or non-aquacultural
				use. To qualify for this exemption, land in agricultural use shall have been in
				such use and not fallow or inactive three out of five years preceding the
				effective date of designation. To maintain this exemption land in agricultural
				use must remain in such use but may lie fallow for a period of time if used for
				agriculture at least three out of every five years. Land lying fallow more than
				two out of five years shall qualify or continue to qualify for this exemption
				upon certification by the Commissioner of the Department of Agricultural
				Resources that the fallow condition of the land is necessary to maintain the
				land in agricultural use.
(2)
Land in Forestry Use
. The normal maintenance and
				improvement of land in forestry use for which the landowner has engaged in the
				following consultation and certification process, shall be exempt from the
				requirement of an Alteration Permit.
(a)
Plan Submission
. A landowner shall submit a forest
				management plan to the state forester and NHESP for review.
(b)
Plan Review and
				Consultation
. NHESP shall review the forest management plan; shall
				make recommendations with respect to the avoidance, minimization or mitigation
				of impacts on Endangered, Threatened, or Special Concern species; and shall
				submit such recommendations to the landowner and the state forester. Failure of
				the NHESP to make any such recommendations within 60 days of receipt of such
				plan shall constitute consultation and approval by NHESP of the plan. The state
				forester shall review the forest management plan and the NHESP's
				recommendations. The state forester shall certify the plan if she finds:
1. that the plan constitutes a planned
				program to improve the quantity and quality of a continuous crop for the
				purpose of selling such products in the regular course of business;
				and
2. that the NHESP has
				determined that the plan will take all practicable means and measures to avoid
				damage to state listed species or their habitats.
(c)
Certification of
				Plan
. If the state forester finds that either requirement has not
				been met she shall deny certification of the plan and return the plan to the
				landowner with a statement of the reasons for the denial. If the state forester
				finds that both requirements have been met she shall prepare a certification
				document to be signed by both the state forester and the NHESP and affixed to
				the approved plan and shall send copies of the same to the landowner and
				NHESP.