reglab/statecodes huggingface dataset:
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 15.04 - Applicant and Project Eligibility

Current through Register 1525, July 5, 2024
(1) Applicants
			 for Grants and Loans from the Fund must demonstrate an overall benefit to the
			 general public as a result of completion of the proposed project. Any private
			 benefit must be incidental to the public good.
(2) Applicants must demonstrate that they
			 have a clear and sufficient property interest in the land and structure that is
			 subject to the grant or loan, and authority to allow third parties access all
			 properties where the proposed work will be performed.
(3) Eligibility to receive a Grant from the
			 Fund is limited to Local Governmental Bodies and Charitable Organizations
			 only.
(4) Eligibility to receive a
			 Loan from the Fund is limited to Local Governmental Bodies, Charitable
			 Organizations, and private dam owners.
(5) A Loan applicant must demonstrate to the
			 satisfaction of EEA that it has the financial capability to repay the requested
			 Loan.
(6) Conditions for receiving
			 a Loan for Dam projects shall include a demonstration by the Applicant that it
			 has a continuing commitment to the proper maintenance and inspection of the
			 Dam, if applicable.
(7) Conditions
			 for receiving a Loan for Coastal Flood or Wave Control Projects shall include a
			 demonstration by the applicant of the following:
(a) The structure has been designated to be
			 in critical or poor condition according to the five level condition rating
			 system published in the
Massachusetts Inventory and Assessment
			 Project,
as published by Massachusetts Department of Conservation and
			 Recreation;
(b) The proposed design
			 of the project meets all regulatory and safety requirements of the Commonwealth
			 of Massachusetts and improves public health and/or safety; and
(c) The owner of the structure has
			 established a maintenance and monitoring inspection program for similarly owned
			 coastal protection structures, including, but not limited to Seawalls,
			 Revetments, bulkheads, beach and dunes.
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 15.05 - Allowable Project Costs

Current through Register 1525, July 5, 2024
(1) Allowable
			 Project Costs include all costs deemed by EEA to be necessary and reasonable
			 for a project, including:
(a) Execution of any
			 agreements and sub-agreements deemed by the Secretary to be critical to the
			 project;
(b) Procurement,
			 provision, and use of engineering, inspection, legal, financial, planning,
			 geological, hydrological and other professional services, estimates and advice;
			 permitting, and construction;
(c)
			 Organizational, administrative and other work and services, including salaries,
			 equipment and materials necessary to comply with the applicable provisions of
			 301 CMR 15.00; and
(d) Training to ensure the proper operation
			 and maintenance of the structures receiving financial assistance from the Fund,
			 including training associated with inspections and emergency
			 preparedness.
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 15.06 - Priority System for the Approval of Projects

Current through Register 1525, July 5, 2024
(1)
Funding Priorities Specified in M.G.L. c. 29, §
			 2IIII
. Subject to the 50% split of funds provided in
			 301 CMR 15.03,
			 first priority for funding shall be given to projects that are owned or
			 operated by cities, towns and Charitable Organizations and that meet one or
			 more of the following applicable criteria:
(a) The structure has been classified by DCR
			 as a High Hazard or Significant Hazard Dam in poor or unsafe
			 condition;
(b) The Coastal Flood or
			 Wave Control structure has been rated in fair, poor or critical condition (C-F)
			 according to the five level condition rating system in the
Massachusetts Coastal Infrastructure Inventory and Assessment
			 Project
, as published by Department of Conservation and
			 Recreation;
(c) The structure has
			 been identified in writing by the United States Army Corps of Engineers as
			 requiring imminent infrastructure improvement.
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 15.07 - Execution of Grant and Loan Agreements

Current through Register 1525, July 5, 2024
(1)
Grants
.
(a) All
			 Grants awarded under this program shall be made on a reimbursement basis in
			 accordance with
			 815 CMR 2.00:
Grants
			 and Subsidies
;
(b) A Grant
			 award shall not commit or obligate EEA to award any continuation of funding to
			 cover cost overruns for any project. Cost overruns for any project or portion
			 thereof are solely the responsibility of the Grantee;
(c) All funds awarded must be committed by
			 the Grantee within 24 months of contract execution or be forfeited.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 16.00 - Cranberry Bog Renovation Tax Credit › Section 16.01 - Purpose

Current through Register 1525, July 5, 2024
301 CMR 16.00 defines the rules and procedures necessary for
				the administration and implementation of the Cranberry Bog Renovation Tax
				Credit program, by which a Taxpayer Primarily Engaged in Cranberry Production
				shall be allowed a credit against the taxes imposed on them by the Commonwealth
				of Massachusetts, equal to 25% of the total Qualified Renovation Expenditures
				incurred in connection with the Qualified Renovation of a Cranberry Bog during
				a taxable year. 301 CMR 16.00 sets forth different methods for eligible
				applicants to claim the tax credit in 2020 to 2022 and in 2023 and
				beyond.
(1) For tax years 2020 to 2022,
			 applicants will apply to the Secretary, including demonstration of all
			 Qualified Renovation Expenditures for the calendar year. The Secretary will
			 calculate the amount of the tax credit for which each Applicant is eligible for
			 each tax year.
(2) For tax years
			 2023 and beyond, applications to and determinations by the Secretary will be
			 required prior to conducting a Qualified Renovation. The Secretary will review
			 applications for a project period running from October to December of the
			 following calendar year. Tax credits will be authorized by lottery after a
			 three-part process:
(a) The Secretary will
			 review each application for completeness and provide a notification of
			 eligibility to each Applicant;
(b)
			 The Secretary will provide a determination of tax credit availability to each
			 Applicant for whom tax credit funding is available. Determinations of tax
			 credit availability will be made in the order determined by lottery. Applicants
			 who receive a determination will then conduct the Qualified Renovation and
			 submit their actual Qualified Renovation Expenditures to the Secretary when the
			 renovation is complete; and
(c) The
			 Secretary will review the submitted Qualified Renovation Expenditures and will
			 authorize a tax credit for each applicant in the appropriate amount by
			 notifying the Commissioner of Revenue and the Applicant.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 16.00 - Cranberry Bog Renovation Tax Credit › Section 16.03 - Eligibility

Current through Register 1525, July 5, 2024
An Applicant shall be eligible to receive a Cranberry Bog
				Renovation Tax Credit only if such Applicant demonstrates in its application
				that it:
(a) is a Taxpayer Primarily
			 Engaged in Cranberry Production; and
(b) owns the property upon which the
			 Qualified Renovations will be implemented or has a leasehold interest in such
			 property, as indicated by a lease agreement or other legal authorization to
			 engage in commercial cranberry production and Qualified Renovations on such
			 property for not less than three years beyond the calendar year for which a tax
			 credit is sought.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 16.00 - Cranberry Bog Renovation Tax Credit › Section 16.04 - Form of Application

Current through Register 1525, July 5, 2024
Each Applicant seeking a Cranberry Bog Renovation Tax Credit
				shall submit no more than one Application to the Secretary in a form required
				by the Secretary. An Application shall include, at a minimum:
(a) A Project Plan containing:
1. A description of all proposed Qualified
			 Renovation activities from initiation up to and including the end of the
			 project, including planting of vines and other permanent stabilization
			 work;
2. Certification that all
			 proposed Qualified Renovation activities are in accordance with U.S.D.A.
			 Natural Resources Conservation Services Standards and best management
			 practices, available from the Massachusetts Cranberry Experiment
			 Station;
3. A visual depiction,
			 plan or map showing where the Applicant proposes to conduct the activities
			 described in the Project Plan;
4. A
			 timeline for initiation and completion of each component of the proposed
			 Qualified Renovation;
5. A defined
			 Project Period and date by which the project will be completed; and
6. An itemized budget identifying and showing
			 the total cost for each stage and component of the work in sufficient detail to
			 allow the Secretary to determine whether each budget item is a Qualified
			 Renovation Expenditure.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 16.00 - Cranberry Bog Renovation Tax Credit › Section 16.06 - Authorization Process for Calendar Tax Credit Years 2020 to 2022

Current through Register 1525, July 5, 2024
Cranberry Bog Renovation Tax Credits for CTCY 2020, 2021 and
				2022 shall be authorized as set forth in 301 CMR 16.06.
(1)
Deadline for
			 application
.
(a) Taxpayers
			 seeking to claim a tax credit for Qualified Renovation Expenditures for CTCY
			 2020 or 2021 shall submit an application to the Secretary, in the form
			 prescribed by the Secretary, within 60 days of June 10, 2022.
(b) Taxpayers seeking to claim a tax credit
			 for Qualified Renovation Expenditures for CTCY 2022 shall submit an Application
			 to the Secretary, in the form prescribed by the Secretary, by January 31, 2023.
			 A specific expenditure shall not qualify for a tax credit for CTCY 2022 if an
			 Applicant:
1. has included such expenditure in
			 an Application for a Cranberry Bog Renovation Tax Credit for CTCY 2023 as
			 provided in 301 CMR 16.05(1); and
2. received a final determination of tax
			 credit availability for such Application.
(c) An Applicant must submit a separate
			 Application for each calendar tax credit year.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 16.00 - Cranberry Bog Renovation Tax Credit › Section 16.07 - Certification

Current through Register 1525, July 5, 2024
The Secretary reserves the sole discretion to determine whether
				an Applicant is eligible or if an expenditure is a Qualified Renovation
				Expenditure.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 16.00 - Cranberry Bog Renovation Tax Credit › Section 16.08 - Severability

Current through Register 1525, July 5, 2024
The provisions of 301 CMR 16.00 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 16.00 or any
				application that can be given effect without the invalid provision or
				application.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 20.00 - Coastal Zone Management Program › Section 20.01 - Authority and Purpose

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 301 CMR 20.00 is promulgated
			 by the Secretary of the Executive Office of Energy and Environmental Affairs
			 under the authority of M.G.L. c. 21A, §§ 2 and 4A and St. 1983, c.
			 589, § 30 and pursuant to the federal Coastal Zone Management Act of 1972
			 (
			 16 U.S.C.
			 1451
et seq.)
and
			 implementing regulations at 15 CFR §§ 923 and 930.
(2)
Purpose
.
			 301 CMR 20.00 is promulgated
			 to carry out the responsibility of the Office of Coastal Zone Management under
			 M.G.L. c. 21A, § 4A to secure for the inhabitants of the Commonwealth the
			 objectives and benefits of the federal Coastal Zone Management Act
			 16 U.S.C.
			 1451
et seq.
The general
			 purposes of
			 301 CMR 20.00 are to:
(a) establish the Massachusetts Coastal
			 Program Policies as official statements of state environmental policy governing
			 coastal resources and uses as part of the Massachusetts Coastal Zone Management
			 Program;
(b) ensure that
			 implementation of the Massachusetts Coastal Zone Management Program by the
			 Executive Office of Energy and Environmental Affairs, its Office of Coastal
			 Zone Management, and its departments and divisions are conducted and
			 coordinated in accordance with M.G.L. c. 21A, §§ 2(29) and 4A;
			 and
(c) allow for analysis and
			 evaluation of projects in the Coastal Zone for which consistency review with
			 Coastal Program Policies is authorized.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 20.00 - Coastal Zone Management Program › Section 20.99 - Severability

Current through Register 1525, July 5, 2024
If any section or clause of
				301 CMR 20.00 is held to be
				invalid or unconstitutional by a court of competent jurisdiction, the remainder
				of
				301 CMR 20.00 shall not be
				affected thereby.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 23.00 - Review and Approval of Municipal Harbor Plans › Section 23.03 - Notice to Proceed

Current through Register 1525, July 5, 2024
(1)
Submission Requirements
. To request a Notice to
			 Proceed and begin the process of developing an MHP that is eligible for
			 approval, a written description of the proposed planning program must be
			 submitted to the Director, pursuant to
			 301 CMR
			 23.08(1), by the planning
			 representative of the municipality, or of each municipality in the event two or
			 more municipalities wish to prepare a joint MHP for a shared Harbor Planning
			 Area. Advance consultation with CZM is encouraged in order to obtain guidance
			 as to the information necessary to allow the public review of the proposed
			 planning program to commence. At a minimum, such information shall include the
			 following:
(a) a description of the Harbor
			 Planning Group and any staff or consultants that will be available to such
			 group; in the case of a harbor shared by more than one municipality, such
			 description must identify any arrangements that have been made for
			 collaborative or coordinated planning efforts;
(b) an appropriately scaled map identifying
			 the proposed Harbor Planning Area;
(c) a concise historical narrative of land
			 and water use and development in the Harbor Planning Area, and the reasons for
			 initiating the harbor planning process, including a summary of current
			 problems, opportunities, and other harbor planning issues, together with a
			 review of prior planning efforts as appropriate;
(d) a general description of a participation
			 program that includes early and continuing interaction with the public; close
			 coordination within municipal government and with boards, committees, and
			 officials having jurisdiction over land and/or water resources affecting the
			 Harbor Planning Area, including those of neighboring municipalities as
			 appropriate; and consultation with CZM, DEP, and other affected state agencies,
			 regional planning agencies, and federal government, including those owning real
			 property or otherwise responsible for the implementation of plans or projects
			 in the Harbor Planning Area; and
(e) a general description of a study program
			 that identifies the planning analysis to be employed for developing goals,
			 addressing potential issues, and assessing alternatives including any potential
			 substitutions or amplifications to
			 310 CMR
			 9.00:
Waterways
pursuant to
			 301 CMR
			 23.05(2)(b) through
			 (d).
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 23.00 - Review and Approval of Municipal Harbor Plans › Section 23.04 - Review Procedures

Current through Register 1525, July 5, 2024
(1)
Submission Requirements
. The planning representative
			 of the municipality shall submit a proposed MHP to the Secretary within two
			 years of the date of issuance of the Notice to Proceed, unless written approval
			 is obtained from the Secretary for an extension of the submission deadline by
			 an additional six months. The proposed MHP shall be prepared in accordance with
			 content and format instructions provided by CZM, with whom advance consultation
			 is encouraged to obtain guidance as to the information necessary to allow the
			 review process to commence. At a minimum such content shall include the
			 following:
(a) text encompassing all basic
			 elements of an MHP as defined in
			 301 CMR 23.02 and
			 addressing all matters discussed in the Notice to Proceed; and
(b) supporting documentation containing,
			 among other things, the data and analysis establishing how the MHP complies
			 with the standards for approval set forth in
			 301 CMR
			 23.05.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 23.00 - Review and Approval of Municipal Harbor Plans › Section 23.06 - Amendment and Renewal Procedures

Current through Register 1525, July 5, 2024
(1)
Amendments
. Upon written request by the planning
			 representative of a municipality, accompanied by appropriate supporting
			 material, the Secretary may approve an amendment to an Approved MHP. The
			 proposed amendment shall be reviewed under the procedures of
			 301 CMR 23.04.
Notwithstanding such procedures, the Secretary may issue, at
				the request of the municipality, written clarification and corrections
				regarding any approval previously issued.
(2)
Renewal
.
(a) The approval of an MHP shall expire on
			 the date stipulated in the Secretary's approval decision, unless the planning
			 representative of the municipality submits a written request to the Secretary
			 to commence renewal of the approval or to extend the expiration date. The
			 Secretary may extend the expiration date of the approval or portion thereof for
			 a period not to exceed one year.
(b) No later than six months prior to the
			 expiration date of the Secretary's approval of the MHP, the Secretary shall
			 notify the planning representative of the municipality of the above renewal
			 requirement. The notification may include instructions as to the information
			 necessary for the renewal process to commence, including but not limited to a
			 review of the MHP's effectiveness in promoting state tidelands policy
			 objectives and other water-related public interests.
(c) All provisions of the existing Approved
			 MHP and any proposed amendments shall be reviewed in accordance with
			 301 CMR 23.04.
			 Until the Secretary's final decision to renew the approval of an existing
			 Approved MHP becomes effective, the Secretary's previous approval shall remain
			 in full force and effect.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 23.00 - Review and Approval of Municipal Harbor Plans › Section 23.07 - Applicability of Certain Provisions of an Approved MHP

Current through Register 1525, July 5, 2024
If the Secretary of any State Executive Office certifies in
				writing, subsequent to the approval of an MHP, that an incompatibility has
				arisen between a state project under such Executive Office and one or more
				provisions of the Approved MHP the Secretary shall act in accordance with the
				following provisions:
(1) upon receipt
			 of the written certification, the Secretary shall follow the notice, comment,
			 and consultation procedures set forth in
			 301 CMR 23.04(2)(a) and
			 (3), unless the project requires an
			 Environmental Impact Report (EIR);
(2) reasonable arrangements shall be made by
			 the state agency, in full consultation with the Secretary and the affected
			 municipality, to evaluate alternatives to the proposed project in order to
			 avoid or minimize incompatibility with the Approved MHP and to evaluate the
			 possibility of amending the Approved MHP pursuant to
			 301 CMR
			 23.06 if incompatibility cannot be reasonably
			 reduced through other measures; if the project requires an Environmental Impact
			 Report (EIR), the information and analysis required for such evaluation shall
			 be limited to that provided in the final EIR prepared in accordance with MEPA;
			 and
(3) to the extent that
			 incompatibility remains between the state project and the Approved MHP after
			 reasonable effort has been made to minimize such incompatibility, in accordance
			 with 301 CMR 23.07(2), the Secretary shall determine that the relevant
			 provisions of the Approved MHP are no longer applicable to the project; this
			 determination shall be made in the Secretary's Certificate on the final EIR,
			 or, if an EIR is not required, within 21 days of the close of the consultation
			 session provided for in 301 CMR 23.07(1).
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 23.00 - Review and Approval of Municipal Harbor Plans › Section 23.08 - Miscellaneous Administrative Procedures

Current through Register 1525, July 5, 2024
(1)
Administration and Delegation
. The CZM Program shall
			 administer
			 301 CMR 23.00 under the
			 direction of the Director. The Secretary may delegate to the Director the
			 authority to issue any written decision or other written statement pursuant to
			 301 CMR 23.00, exclusive of
			 301 CMR
			 23.07. Any such statement signed by the
			 Director shall be deemed the valid and duly authorized statement of the
			 Secretary.
(2)
Consultation with DEP
. If DEP files written notice
			 with the Secretary during any public comment period, it shall be provided the
			 opportunity to participate in any consultation session with the municipality
			 and to co-chair the public hearing. DEP may also provide a written
			 recommendation to the Secretary concerning the consistency of a proposed MHP
			 with state tidelands policy objectives and associated regulatory principles, as
			 provided in
			 301 CMR
			 23.05(2), which shall be
			 evaluated in accordance with the following procedures:
(a) if CZM concurs with the recommendation of
			 DEP, such recommendation shall be included in the written decision on the
			 proposed MHP; and
(b) if CZM
			 disagrees with the recommendation of DEP and such disagreement cannot be
			 resolved through routine consultation, the assistance and direction of the
			 Secretary shall be sought in accordance with the provisions of M.G.L. c. 21A,
			 § 4, governing mediation of administrative and jurisdictional conflicts
			 within EEA; if the disagreement is not eliminated through such mediation, the
			 Secretary shall include in the written decision on the proposed MHP an
			 explanation of the specific basis for the final determination on consistency
			 with state tidelands policy objectives and associated regulatory
			 principles.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 23.00 - Review and Approval of Municipal Harbor Plans › Section 23.09 - Severability

Current through Register 1525, July 5, 2024
Severability
. If any provision of
				301 CMR 23.00 or the
				application thereof is held to be invalid, such invalidity shall not affect any
				other provision of
				301 CMR 23.00.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 25.00 - Designation Of Port Areas › Section 25.03 - Designation Procedures

Current through Register 1525, July 5, 2024
(1)
Initiation of Review
. CZM shall perodically carry out
			 reviews under
			 301 CMR
			 25.00 to determine whether particular areas of land or
			 water shall be included or remain in an existing DPA, or form a new DPA.
Except as provided in 301 CMR 25.03(2), the Director also may
				carry out a review upon the written request of:
(a) the municipal official or planning board,
			 or the City Council or other municipal body with authority to enact zoning, of
			 the municipality where the area proposed for review is located;
(b) any state agency or regional planning
			 agency with planning, regulatory, or development authority over the area
			 proposed for review;
(c) the
			 owner(s) of the area proposed for review; or
(d) any ten citizens of the Commonwealth.
Such written request shall be accompanied by an assessors map
				and mailing addresses for all persons owning property within the area proposed
				for review, as shown on the most recent applicable tax list of the assessors,
				as well as by preliminary documentation prepared in accordance with any content
				and format instructions provided by CZM, with whom advance consultation is
				encouraged in order to obtain guidance as to the minimum information submittal
				necessary for the request to be completed. Within 45 days of receiving a
				completed request, the Director shall determine in writing whether the request
				for review has been accepted or declined and shall summarize the reasons for
				the determination. In the event a request for review is accepted, the Director
				may require that additional information be provided by the requesting party, in
				accordance with any written guidelines that may be provided by CZM.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 25.00 - Designation Of Port Areas › Section 25.04 - Designation Standards

Current through Register 1525, July 5, 2024
(1)
Designation of Waters
. An area of water reviewed under
			 301 CMR
			 25.00 shall be included or remain in a DPA if and only
			 if CZM finds that the area is in substantial conformance with the following
			 criteria governing suitability to accommodate water-dependent industrial use,
			 as appropriate to the harbor in question:
(a)
			 the water area must include, or be contiguous with, other DPA waters that
			 include:
1. a navigable entrance or main
			 channel with a design depth of at least 20 feet; and
2. a shoreline that has been substantially
			 developed with piers, wharves, bulkheads, or other structures that establish a
			 functional connection with a land area meeting the criteria set forth in 301
			 CMR 25.04(2); and
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 25.00 - Designation Of Port Areas › Section 25.05 - DPA Boundary Maps

Current through Register 1525, July 5, 2024
(1)
Maps
. Maps showing DPA boundaries currently in effect
			 are available from CZM.
(2)
Boundary Delineation
. Except as otherwise deemed
			 appropriate by the Director, DPA 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. Notwithstanding any other provision
			 of
			 301 CMR
			 25.00, CZM may make minor adjustments of an existing
			 DPA boundary to facilitate its identification in relation to such physical or
			 legal landmarks, provided however that such adjustments generally should not
			 result in a net reduction in the total area of the DPA. Unless otherwise
			 specified in a designation decision issued pursuant to 301CMR 25.00, any public
			 or private way serving as the boundary of a DPA shall be included in its
			 entirety.
(3)
Boundary
			 Determinations
. It is the exclusive responsibility of CZM to
			 formally interpret the DPA boundary maps to determine whether any specific
			 parcel or portion thereof is included in a DPA. Any person who desires a
			 boundary determination shall submit a written request to CZM and shall provide
			 copies of the request to DEP and to such other persons as CZM may
			 require.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 25.00 - Designation Of Port Areas › Section 25.06 - Miscellaneous

Current through Register 1525, July 5, 2024
(1)
Effects of Designation on
			 StateAgency Actions
. Inclusion of lands and waters in a Designated
			 Port Area shall have the following effects:
(a) in accordance with
			 301 CMR 20.00:
Coastal Zone Management Program
, CZM review of federal
			 activities within or impacting a Designated Port Area shall ensure that such
			 activities are consistent with the purposes of
			 301 CMR
			 25.00, which implement an enforceable policy of the
			 approved CZM Program;
(b) in
			 accordance with
			 301 CMR 20.00:
Coastal Zone Management Program
, all appropriate state
			 agencies shall enforce their laws, process regulatory reviews, conduct program
			 activities, disburse funds, construct or supervise the construction of works,
			 or otherwise administer their programs as they relate to DPAs so as to advance
			 the purposes of
			 301 CMR
			 25.00.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 26.00 - Coastal Pollution Remediation Program › Section 26.01 - Authority

Current through Register 1525, July 5, 2024
301 CMR 26.00 is adopted by
				the Executive Office of Energy and Environmental Affairs under the authority of
				St. 1994, c. 273, § 21 that creates a program to be commonly known as the
				Coastal Pollutant Remediation Grant Program. As the jurisdiction for the
				Program is the watersheds of the Massachusetts coastal zone, the Energy and
				Environmental Affairs Secretary has designated the Office of Coastal Zone
				Management to administer this program, pursuant to M.G.L. c. 21A, §
				4A.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 26.00 - Coastal Pollution Remediation Program › Section 26.02 - Purpose

Current through Register 1525, July 5, 2024
301 CMR 26.00 establishes
				uniform application, review, award, and disbursement procedures and
				requirements for municipalities to apply for and receive grant funds allocated
				under the provisions of St. 1994, c. 273, § 21.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 26.00 - Coastal Pollution Remediation Program › Section 26.05 - Application and Requirements for Grant Awards

Current through Register 1525, July 5, 2024
(1)
			 As detailed in a Request for Responses issued by the Office, the Applicant
			 shall submit a Program application, together with any other documentation
			 required by the Office and the Request for Responses. The application shall
			 include the following information:
(a) An
			 explanation, together with supporting documentation, of the pollution problem
			 at the project site.
(b) A site
			 plan of the project area, including a detailed map showing all proposed and
			 existing structures. It shall contain the location and characteristics of the
			 project.
(c) A detailed explanation
			 of how the project will abate the pollution source.
(d) A description documenting that the
			 project will serve the public interest and how it is consistent with community
			 wide needs and priorities.
(e)
			 Documentation that evidences support (including a financial commitment) for the
			 project from any appropriate local authority, including, if applicable, the
			 local conservation commission and the local Department of Public
			 Works.
(f) A statement indicating
			 that all licenses, permits or other approvals required by local, state and
			 federal agencies will be sought and received prior to commencement of the
			 project.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 26.00 - Coastal Pollution Remediation Program › Section 26.06 - State Action

Current through Register 1525, July 5, 2024
(1) The Office will
			 publish any Request for Responses on the CommBuys (or other official state
			 procurement system) and will announce the availability on its website, monthly
			 newsletter, coastal community email lists, and other means.
(2) The Office shall forward submitted
			 applications to the Committee for review and evaluation as described in
			 301 CMR
			 26.07.
(3) Based on its review and evaluation, the
			 Committee shall make recommendations for awards to the Director and
			 Secretary.
(3) The Office will
			 enter into grant fund agreements with Applicants whose projects are accepted
			 for funding under the Program.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 26.00 - Coastal Pollution Remediation Program › Section 26.07 - Applicable Criteria in Project Evaluation

Current through Register 1525, July 5, 2024
(1) The Committee shall consider the
			 following priority areas in making selections of grant fund recipients. The
			 priority projects are those which:
(a) reduce
			 pollution from roadways or marine vessels entering into waterbodies.
(b) can be accomplished within the budget
			 presented in the application.
(c)
			 are cost-effective.
(d) will have
			 measurable positive benefits to coastal zone resources.
(e) will assist in shellfish bed
			 restoration.
(f) utilize and
			 demonstrate the value of appropriate and commonly accepted Best Management
			 Practices for managing stormwater runoff from roadways or boat pumpout
			 facilities.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 26.00 - Coastal Pollution Remediation Program › Section 26.08 - Fiscal Considerations

Current through Register 1525, July 5, 2024
(1) Projects that
			 receive Program grant funds are eligible for reimbursement of up to 75% of the
			 total project cost as identified in the grant funds agreement.
(2) The Applicant shall be responsible for
			 funding 25% of the project costs. The Applicant may fund its required matching
			 share through a variety of methods, including, but not limited to:
(a) in-kind contributions, including the cost
			 of engineering designs and other directly related project costs incurred within
			 grant project period;
(b) cash
			 contributions; or
(c) goods and
			 services.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 26.00 - Coastal Pollution Remediation Program › Section 26.09 - Severability

Current through Register 1525, July 5, 2024
If any section or clause of
				301 CMR 26.00 is held invalid
				or unconstitutional by a court of competent jurisdiction, the remainder shall
				not be affected thereby.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 27.00 - OCEAN SANCTUARIES › Section 27.01 - Purpose

Current through Register 1525, July 5, 2024
(1) M.G.L. c. 132A, §§ 12A through
			 16K and § 18, the Massachusetts Ocean Sanctuaries Act, establishes Ocean
			 Sanctuaries, defines prohibited and allowed Activities in Ocean Sanctuaries,
			 and requires Agencies to protect these Ocean Sanctuaries from exploitation,
			 development, or Activity that would significantly alter or otherwise endanger
			 their ecology or appearance in the issuance of Authorizations for Activities
			 subject to jurisdiction.
(2)301 CMR
			 27.00 is promulgated to fulfill, in part, the statutory responsibility of the
			 Office of Coastal Zone Management for the care, oversight, and control of Ocean
			 Sanctuaries.
(3)301 CMR 27.00 also
			 defines, interprets, and explains provisions of M.G.L. c. 132A, §§
			 12A through 16K and § 18. 301 CMR 27.00 establishes the procedures and
			 requirements necessary for Agencies to carry out responsibilities under these
			 authorities.
(4) Nothing in 301 CMR
			 27.00 shall be construed to supersede existing general or special laws, or to
			 confer rights and remedies in addition to those conferred by existing general
			 or special laws.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 27.00 - OCEAN SANCTUARIES › Section 27.03 - Jurisdiction

Current through Register 1525, July 5, 2024
(1) Activities listed in 301 CMR 27.05 that
			 occur in all or part of an Ocean Sanctuary are subject to
			 jurisdiction.
(2) Pursuant to M.G.L.
			 c. 132A, §§ 12A through 16K and § 18, allowed Activities listed
			 in 301 CMR 27.05 and meeting the jurisdictional thresholds of the Ocean
			 Management Plan as defined in
			 301 CMR 28.03:
Jurisdiction
are subject to the siting and performance
			 standards of the Ocean Management Plan. The Ocean Management Plan identifies
			 key components of Massachusetts estuarine and marine ecosystems, defined as
			 Special, Sensitive or Unique Resources, and establishes standards to protect
			 them. The Ocean Management Plan also establishes management guidance for
			 balancing potential impacts to areas with Concentrations of Water-dependent
			 Uses with new Activities in the Ocean Management Planning Area. The standards
			 for protected resources and uses are contained in
			 301 CMR
			 28.04:
Management Area
			 Standards
.
(3) Official
			 maps of the Ocean Sanctuaries are developed and maintained by the Office and
			 available at
www.mass.gov/eea/agencies/czm/program-areas/mapping-and-data-management/moris/
or from the Office. From time to time, the Office may change the landward
			 boundary of an Ocean Sanctuary to extend inward in rivers, bays, harbors, or
			 coves to include environmentally sensitive areas. Procedures for map revisions
			 are contained in 301 CMR 27.07.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 27.00 - OCEAN SANCTUARIES › Section 27.04 - Consistency of Agency Authorizations

Current through Register 1525, July 5, 2024
(1) It
			 shall be the responsibility of all Agencies to ensure that all authorizations
			 for any proposed Activities in a Ocean Sanctuary are consistent, to the maximum
			 extent practicable, with the provisions of M.G.L. c. 132A, §§ 12A
			 through 16K and § 18 and 301 CMR 27.00.
(2) An agency authorizing an allowed
			 Activity, shall include a determination in its M.G.L. c. 30, § 1, findings
			 pursuant to MEPA, that all feasible measures have been taken such that its
			 approval of the Activity is consistent with M.G.L. c. 132A, §§ 12A
			 through 16K and § 18 and that it has complied with all of the applicable
			 legal performance standards with respect to assuring that no significant
			 alteration standard for the Ocean Sanctuaries is met. The Agency shall specify
			 any measures required to achieve consistency with the standard, the Person or
			 Agency responsible for funding and implementing such measures, and the
			 anticipated implementation schedule that will ensure that the measures shall be
			 implemented prior to, or when appropriate, in relation to the timing of
			 unavoidable impacts.
(3) In
			 accordance with M.G.L. c. 132A, § 16, in the determination of a project's
			 public necessity and convenience, this standard shall be administered by the
			 Department's Chapter 91 license under
			 310 CMR
			 9.00:
Waterways
and by the Office in
			 its federal consistency determination under
			 301 CMR 20.00:
Coastal Zone Management Program
, as applicable, and subject to
			 the general oversight function of the Office. In applying this standard in the
			 review of an applicant's license or consistency certification, the agencies
			 shall consider the following factors:
(a) the
			 project's purpose, need, and the public it serves;
(b) the benefits and detriments to the public
			 and public interest, including effects on the environment; on public health,
			 safety and wellbeing; on navigation and commerce, including recreational and
			 commercial fishing, recreation boating, shipping, and transportation; and on
			 recreation and recreational uses;
(c) the applicant's demonstrated ability to
			 build, maintain, and decommission structures and facilities on public
			 tidelands;
(d) the extent to which
			 existing uses or facilities will be affected by the proposed facility or use;
			 and
(e) the project's consistency
			 with the Ocean Management Plan.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 27.00 - OCEAN SANCTUARIES › Section 27.05 - Prohibited and Allowed Activities

Current through Register 1525, July 5, 2024
(1)
Prohibited Activities in Ocean Sanctuaries
. In all
			 five of the Ocean Sanctuaries, the following Activities are prohibited.
(a) Prohibited unconditionally:
1. Drilling or removal of gases or
			 oils.
2. Commercial advertising,
			 where advertising is the primary intent.
3. Incineration of refuse on, or in, vessels.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 27.00 - OCEAN SANCTUARIES › Section 27.06 - New or Modified Discharge

Current through Register 1525, July 5, 2024
(1)
General
.
(a) M.G.L.
			 c. 132A, §§ 16G through 16K allow for a new or modified discharge
			 from a POTW to an Ocean Sanctuary if approved by the Department pursuant to
			 M.G.L. c. 132A, §§ 12A through 16K and § 18 and 301 CMR
			 27.00.
(b) The applicant for a new
			 or modified discharge is also required to obtain all other applicable federal,
			 state and local authorizations, including a surface water discharge permit in
			 accordance with
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 27.00 - OCEAN SANCTUARIES › Section 27.07 - Procedure for Map Revisions

Current through Register 1525, July 5, 2024
(1) The Office may
			 revise the official maps of the Ocean Sanctuaries to change the landward
			 boundary of an Ocean Sanctuary to extend inward in rivers, bays, harbors, or
			 coves to include environmentally sensitive areas or to make corrections or
			 adjustments to address technical discrepancies or errors, or to clarify intent
			 or meaning.
(2) Any proposed
			 revisions to the maps shall be proposed by the Office and noticed in the
Environmental Monitor
for a 21-day public comment period. The
			 notice shall describe the proposed revision, the rationale for the change and
			 provide maps clearly indicating the change.
(3) After the close of the public comment
			 period, the Office will make a final decision and issue final versions of the
			 Ocean Sanctuaries maps. This decision will be noticed in the
Environmental Monitor
.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 27.00 - OCEAN SANCTUARIES › Section 27.99 - Severability

Current through Register 1525, July 5, 2024
If any section or clause of 301 CMR 27.00 is held invalid or
				unconstitutional by a court of competent jurisdiction, the remainder shall not
				be affected thereby.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN › Section 28.01 - Authority and Purpose

Current through Register 1525, July 5, 2024
(1)
								301 CMR
			 28.00 is adopted pursuant to M.G.L. c. 21A §4C
			 and M.G.L. c. 132A, §§ 12A through 16F (Massachusetts Oceans
			 Sanctuary Act) as amended by St. 2008, c. 114 (Massachusetts Oceans Act).
			 301 CMR
			 28.00 implement, administer, and enforce M.G.L. c. 21
			 A, § 4C and the Ocean Management Plan, developed and promulgated in
			 accordance with the Massachusetts Oceans Act. In accordance with St. 2008, c.
			 114, § 23 and with the federal Coastal Zone Management Act of 1972 (
			 16 U.S.C.
			 1451
etseq.)
and
			 implementing regulations at 15 CFR §§ 923 and 930, enforceable
			 standards of the Ocean Management Plan form part of the Massachusetts Coastal
			 Zone Management Program and shall be interpreted and applied in a manner
			 consistent with
			 301 CMR 20.00:
Coastal Zone Management Program.
(2)
								301 CMR
			 28.00 fulfills, in part, the statutory responsibility
			 for the oversight, coordination, and planning for ocean waters and ocean-based
			 development in the Commonwealth. The Massachusetts Oceans Act requires the
			 Secretary to develop and implement an integrated ocean management plan for a
			 specified Ocean Management Planning Area. The purpose of
			 301 CMR
			 28.00 is also to define, interpret, and clarify the
			 procedures and rules necessary for agencies to carry out responsibilities under
			 the Massachusetts Oceans Act, M.G.L. c. 21 A, § 4C, and M.G.L. 132A,
			 §§ 12A through 16F. Pursuant to statutory directive, the Ocean
			 Management Plan establishes management areas and standards for certain
			 Activities allowed under M.G.L. c. 132A, §§ 15 and 16 and 301 CMR
			 27.00:
Ocean Sanctuaries
within the Ocean Management Planning
			 Area. The Activities subject to the Ocean Management Plan are governed by
			 siting and performance standards, associated with mapped resources and uses,
			 that direct development away from areas with important and high value resources
			 and water-dependent uses.
			 301 CMR
			 28.00 establishes the procedures and requirements
			 necessary to interpret, implement, administer, and enforce M.G.L. c. 21 A,
			 § 4C and the Ocean Management Plan, including provisions to:
(a) Codify the jurisdiction, management
			 areas, and standards developed by the Ocean Management Plan;
(b) Establish procedures for assessing the
			 Ocean Development Mitigation Fee, pursuant to M.G.L. c. 132A §
			 18;
(c) Develop provisions for the
			 review of the Ocean Management Plan and its baseline assessment and enforceable
			 measures;
(d) Define the process
			 for making updates or amendments to the Ocean Management Plan; and
(e) Ensure regulatory consistency for
			 pertinent agency decisions regarding ocean development.
Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN › Section 28.03 - Jurisdiction

Current through Register 1525, July 5, 2024
(1)
Areas Subject to
			 Jurisdiction
.
(a) Activities
			 listed in 301 CMR 28.03(2) that occur in all or part of the Ocean Management
			 Planning Area are subject to jurisdiction.