Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.24 - General Provisions

Current through Register 1525, July 5, 2024
(1) If the issuing
				authority determines that a resource area is significant to an interest
				identified in M.G.L. c. 131, § 40 for which no presumption is stated in
				the Preamble to the applicable section, the issuing authority shall impose such
				conditions as are necessary to contribute to the protection of such interests.
				For work in the buffer zone subject to review under
				310 CMR
				10.02(2)(b)3., the issuing
				authority shall impose conditions to protect the interests of the Act
				identified for the adjacent resource area. The potential for adverse impacts to
				resource areas from work in the buffer zone may increase with the extent of the
				work and the proximity to the resource area. The issuing authority may consider
				the characteristics of the buffer zone, such as the presence of steep slopes,
				that may increase the potential for adverse impacts on resource areas.
				Conditions may include limitations on the scope and location of work in the
				buffer zone as necessary to avoid alteration of resource areas. The issuing
				authority may require erosion and sedimentation controls during construction, a
				clear limit of work, and the preservation of natural vegetation adjacent to the
				resource area and/or other measures commensurate with the scope and location of
				the work within the buffer zone to protect the interests of M.G.L. c. 131,
				§ 40. Where a buffer zone has already been developed, the issuing
				authority may consider the extent of existing development in its review of
				subsequent proposed work and, where prior development is extensive, may
				consider measures such as the restoration of natural vegetation adjacent to the
				resource area to protect the interests of M.G.L. c. 131, § 40. The purpose
				of preconstruction review of work in the buffer zone is to ensure that adjacent
				resource areas are not adversely affected during or after completion of the
				work.
(2) When the issuing
				authority determines that a project in one resource area would adversely affect
				another resource area, the issuing authority shall impose such conditions as
				will protect the interest to which each resource are significant to the same
				degree as required in
				310 CMR
				10.00 concerning each resource area.
(3) A determination which finds that a
				resource area is not significant to an interest to which it is presumed in
				310 CMR 10.21
				through
				10.37
				to be significant, or is significant to an interest to which it is presumed to
				be not significant, shall be made on Form 7. No such determination shall be
				effective unless a copy of this form and the accompanying written explanation
				for the determination required by
				310 CMR
				10.00 is sent on the day of issuance to the
				appropriate regional office of the Department.
(4)
(a)
										310 CMR 10.21
				through
				10.37
				do not change the requirement of any other Massachusetts statute or by-law. A
				proposed project must comply with all applicable requirements of other federal,
				state and local statutes and by-laws, in addition to meeting the requirements
				of
				310 CMR
				10.00. Examples of such laws which may be applicable
				are the Coastal Restrictions Act (M.G.L. c. 130, § 105), the Ocean
				Sanctuaries Act (M.G.L. c. 132A, §§ 13 through 16 and 18), the
				Mineral Resources Act (M.G.L. c. 21, §§ 54 through 58), the
				Massachusetts Clean Water Act (M.G.L. c. 21, §§ 26 through 53), the
				Waterways laws (M.G.L. c. 91), the Massachusetts Environmental Policy Act
				(M.G.L. c. 30, §§ 61 through 62H), the act establishing the Martha's
				Vineyard Commission (St. 1974, c. 637) and the Scenic Rivers Act (M.G.L. c. 21,
				§ 2. 17B).
(b) When the site
				of a proposed project is subject to a Restriction Order which has been duly
				recorded under the provisions of M.G.L. c. 130, § 105, such a project
				shall conform to
				310 CMR 10.21
				through
				10.37.
(c) If an NPDES permit for any new
				point-source discharge has or will be obtained prior to the commencement of the
				discharge, the effluent limitations established in such permit shall be deemed
				to satisfy the water quality standards established in any section of
				310 CMR 10.21
				through
				10.37
				relative to the effects of the new point-source discharge on water quality.
				Such effluent limitations shall be incorporated or shall be deemed to be
				incorporated into the Order of Conditions.