Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 27.00 - Relocation Assistance › Section 27.03 - Relocation Plans

Current through Register 1525, July 5, 2024
(1)
General
. Relocation plans shall be filed with the Bureau
			 for any covered activity involving the displacement of the occupants of more than
			 five dwelling units or business units. The purpose of relocation planning is to
			 provide an opportunity in advance of property acquisition or project commencement to
			 consider relocation problems, and to provide feasible and realistic solutions to
			 these problems. A relocation plan should describe the anticipated impact of a
			 project on legal occupants to be displaced and ensure that adequate provision has
			 been made for their needs. Relocation planning does not require the collection of
			 unnecessary facts and data; however, there is a correlation between the complexity
			 of a project and the detail to be included in an acceptable relocation
			 plan.
(2)
Scope of
			 Review
. The Bureau shall review relocation plans to determine whether
			 there has been compliance with M.G.L. c. 79A, § 4 and any applicable
			 regulations, whether adequate provision has been made for the needs of legal
			 occupants, and whether there are adequate relocation housing and business locations
			 for such occupants. The Bureau shall receive for informational purposes a relocation
			 plan which is required to be examined and reviewed by an agency or department of the
			 federal government and involves relocation assistance reimbursable in whole or in
			 part by the federal government, provided that if M.G.L. c. 79A imposes requirements
			 in addition to those in federal law, the Bureau shall review the plan to ensure
			 compliance with those requirements in M.G.L. c. 79A.
(3)
Timing
. The
			 displacing agency shall submit a relocation plan to the Bureau at least 45 days
			 before the anticipated date of property acquisition or project commencement. In a
			 project where there is an extended period of time between project stages, the
			 displacing agency may submit the relocation plan for approval in stages. The
			 relocation plan for a project involving reimbursement by the federal government
			 shall be submitted to the Bureau at the time submitted to the federal
			 government.
(4)
Notices to
			 Site Occupants
. At the time the displacing agency submits the
			 relocation plan to the Bureau, it shall notify affected legal occupants that the
			 relocation plan is available for review, and shall provide these occupants with a
			 reasonable period of time to submit written comments to the Bureau. Any written
			 comments received by a displacing agency regarding a relocation plan shall be
			 forwarded to the Bureau at the end of the comment period.
(5)
Bureau Action on the
			 Plan
. After reviewing a relocation plan and any written comments, the
			 Bureau shall determine whether the plan meets the requirements set out in 760 CMR
			 27.03(2) (Scope of Review); if so, the Bureau shall approve the plan. If the plan
			 does not meet these requirements, the Bureau may:
(a) approve the relocation plan subject to
			 satisfaction of appropriate conditions or restrictions,
(b) defer approval of the relocation plan pending
			 receipt of additional information sufficient to fulfill the requirements set out in
			 760 CMR 27.03(2), or
(c) disapprove the
			 relocation plan Displacement of legal occupants for any particular project shall not
			 proceed until the Bureau approves the relocation plan and any applicable appropriate
			 conditions or restrictions have been satisfied.