Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 5.00 - LAND and PARC Programs › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
Active Outdoor Recreation
. Outdoor
				recreation that occurs in parks and requires significant alteration of the
				natural landscape to provide playground or active sports facilities such as
				tennis, basketball or other sport courts, ball fields, swimming pools or spray
				pads, paved bike or walking trails, golf courses, marinas, enclosed dog parks,
				boat rentals, concession stands, community gardens, outdoor skating rinks,
				bathroom buildings, bleachers or stands or other developed facilities needed
				for active outdoor recreation.
Conservation Land
. Land owned by a
				municipality for conservation and passive public outdoor recreation purposes
				and managed for those purposes under the Conservation Commission consistent
				with M.G.L. c. 40, § 8C. In order to receive funds from the LAND Program
				Conservation Land must be dedicated in the deed to conservation and passive
				public recreation purposes.
Director of Environmental Justice
. A
				person so named and designated by the Secretary to review PARC and LAND grant
				applications and advise the Secretary on the importance of each application in
				addressing environmental justice concerns.
Division
. The Division of Conservation
				Services in the Executive Office of Energy and Environmental Affairs.
LAND Program
. A grant program that
				provides reimbursements to municipalities of up to 90% of the allowable project
				costs towards the purchase of land for conservation and passive outdoor
				recreation purposes and/or planning, design, access, or stewardship projects on
				LAND funded conservation land.
Management Plan
. A plan reviewed and
				approved by the Division that guides future use and stewardship of the Park or
				Conservation Land for appropriate active or passive outdoor recreation.
Open Space and Recreation Plan
. A plan
				reviewed and approved by the Division, having a duration of up to ten years,
				containing those elements required by the Division such as: a summary;
				statement of purpose including planning process and public participation;
				community setting; environmental inventory and analysis; inventory of lands of
				conservation and recreation interest; community goals; analysis of needs; goals
				and objectives; an action plan; and maps and letters of comment from the chief
				municipal officer, planning board, and regional planning agency. Guidelines and
				a workbook for developing plans are available from the Division.
PARC Program
. A grant program that
				provides reimbursements to municipalities of up to 90% of allowable costs
				towards the acquisition of land, and the construction, restoration, or
				rehabilitation of land for park and outdoor recreation purposes.
Park
. Land owned by a municipality and
				managed for active public outdoor recreation purposes under the Park,
				Playground or Recreation Commission. In order to receive PARC Program funding a
				park must be dedicated in the deed to active public outdoor recreation
				purposes.
Passive Outdoor Recreation
. Any
				outdoor activity that occurs in a natural setting with minimum disturbance of
				the natural and cultural resources and that is consistent with quiet enjoyment
				of the land including but not limited to hiking, nature study, outdoor
				education, cross country skiing, snowshoeing, horseback riding, trail
				bicycling, hunting, fishing, picnicking, canoeing, ice-skating, community
				gardening in existing fields, swimming in a natural water body with minimal
				site development, or informal sports activities on an open natural field. For
				the purpose of eligibility and reimbursement under these regulations
				snowmobiling may considered passive outdoor recreations if the municipality
				determines that it is compatible with other activities. Facilities necessary to
				support passive recreation with a minimum of disturbance to the natural and
				cultural resources such as natural surface trails and wood roads, and
				appropriately-scaled parking areas, bathrooms, and nature centers are
				considered consistent with passive outdoor recreation. Passive outdoor
				recreation areas may also be managed for sustainable forestry and farming
				including community farms and forests.
Project
. Reimbursement for the
				acquisition of land for passive outdoor recreation and conservation purposes,
				and/or appropriate planning, design, access, or stewardship projects on LAND
				funded conservation land (including ancillary costs such as title, survey,
				management planning, design and installation of low impact trails or
				educational signs or other low impact and appropriate projects to support
				passive outdoor recreation). Project also means the acquisition, development,
				restoration, or renovation of parkland reimbursed by the PARC Program that
				meets all policies and specifications of EEA and the Division. Projects shall
				require that a project agreement be recorded at the appropriate Registry of
				Deeds with a reference to the conservation or park land that has been funded
				with the grant. The project agreement includes reference to all requirements
				and policies of the grant that apply in perpetuity to the land.
Project Quality Criteria
. Rating
				criteria used in project selection such as park and conservation land
				accessibility, public participation in design, water and trail access, land and
				park stewardship, consistency with state and local plans, and environmental
				attributes such as habitat for rare, threatened, or endangered species and
				species of greatest conservation need, water resources, farm, forestry,
				landscape and biodiversity conservation resources, historic and archaeological
				resources, climate resiliency, stormwater reduction, tree planting, and support
				of EEA and agency policies.
Project Selection System
. A project
				rating system based on a 100-point scale. The LAND Project Selection System
				shall award no less than 30 points based on demographic factors, focusing on
				financial need of the applicant community, and up to 70 points based on project
				quality criteria. The PARC Project Selection System shall award no less than 30
				points based on demographic characteristics, focusing on financial need of the
				applicant community, and up to 70 points based on project quality criteria.
				Each program's selection system awards points for implementation of the
				community's open space and recreation plan and up to ten bonus points at the
				discretion of the Secretary. The Secretary shall develop and may review and
				modify, at his discretion, selection systems for the LAND, Rolling LAND, PARC,
				and Rolling PARC grant programs. The selection systems shall be set forth in
				Guidance Documents available from the Division.
Regional Project
. A recreation
				facility that has parking for at least 100 cars and adequate comfort stations.
				Regional Projects generally provide multiple opportunities for picnicking,
				walking, canoeing, boating, fishing, children's recreation, and swimming. The
				Secretary may waive the vehicle accommodation requirement if direct access to a
				public transportation route with regularly scheduled hourly service is
				available at the project site. Guidelines for regional projects are available
				from the Division.
Rolling LAND Program
. A rolling grant
				program that conforms with the minimum requirements of the LAND Program, plus
				guidelines established by the Secretary, excluding the grant cycle requirement
				described in
				301 CMR
				5.05(4).
Rolling PARC Program
. A rolling grant
				program that conforms with the minimum requirements of the PARC Program, plus
				guidelines established by the Secretary, excluding the grant cycle requirement
				described in
				301 CMR
				5.05(4).
Secretary
. The Secretary of Energy and
				Environmental Affairs or the Secretary's designee.
Small Town Project
. A Project which
				qualifies only for a maximum of $100,000 where a community does not meet the
				population criteria of a city or town of over 35,000 and is not undertaking a
				Regional or Statewide Project.
Statewide Project
. A recreation
				facility located within a one hour driving time from more than one Metropolitan
				Statistical Area, accommodates at least 200 vehicles, provides adequate comfort
				stations, and will also provide for more dispersed or uncommon recreation
				opportunities such as equestrian trail use, overnight camping, nature center
				programs, golf, group picnicking, large beach use, boating, skiing, and live
				animal viewing such as zoos. Any Project located on Nantucket Island, Martha's
				Vineyard, or Cape Cod is considered statewide regardless of the project scope.
				The Secretary may waive the vehicle accommodation requirement if direct access
				to a public transportation route with regularly scheduled hourly service is
				available at the project site. Guidelines for statewide projects are available
				from the Division.