Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.09 - Release from Nature Preserve Status

Current through Register 1525, July 5, 2024
(1)
Criteria:
A nature preserve established under M.G.L.
			 c. 131, § 10A shall be considered for release only if the managing agency
			 determines that the site no longer supports the natural community or species
			 that the nature preserve was established to protect and is unlikely to recover
			 and the site no longer represents significant habitats and ecosystems of the
			 Commonwealth;
(2) The managing
			 agency may request, in writing, the release from nature preserve status of a
			 nature preserve that meets the criteria in 321 CMR 11.09(1). The Division
			 shall, in consultation with other managing agencies which have control of said
			 parcels, consider adverse impacts of release on biological communities and
			 species in the Nature Preserve and recovery potential, as well as the public
			 interest in the conservation and preservation of such nature preserve and any
			 federal, state or local program in furtherance thereof, and state, regional or
			 local comprehensive land use or development plan affecting said parcel and any
			 proposal by a governmental body for the use of said parcel.
(a) The Council shall, on behalf of the
			 Director of DFW, acknowledge receipt of request for release and conduct an
			 initial review thereof at the next scheduled meeting of the Council after
			 receipt of such request.
(b) The
			 Council shall ask for such additional information from the managing agency as
			 deemed necessary. Any requests for release for which additional information has
			 been requested may receive further review at subsequent meetings.
(c) Within 60 days of receiving a request for
			 release from the managing agency or of receiving additional information that
			 may have been requested, the Director of DFW shall hold a public hearing so
			 that the public and other interested parties may comment on the request for
			 release.
1. The Director of DFW shall send
			 notice of the public hearing to the Council, the managing agency, and an area
			 newspaper at least three weeks before the hearing. The Director shall submit a
			 notice of the hearing to the Secretary of EOEEA in time for publication in the
Environmental Monitor
at least 21 days before the
			 hearing.
2. The Director of DFW
			 shall notify the Council and the managing agency of the results of the public
			 hearing within 30 days and provide copies of any comments received to the
			 Council for consideration in their recommendation on the request for
			 release.
(d) The Council
			 shall make recommendations to the Director of DFW in writing whether to reject
			 or approve the request for release no later than 90 days following the receipt
			 of the results of the public hearing. The Council's recommendations about
			 accepting or rejecting requests for release shall be based on whether a site no
			 longer meets the criteria established in M.G.L. c. 131, §§ 10A
			 through D and
			 321 CMR
			 11.00. The managing agency shall be sent a copy of the
			 Council's recommendation to the Director of DFW.
(e) The Director of DFW shall decide within
			 30 days of receiving the Council's recommendation whether to accept or reject
			 the request for release. The Council, managing agency, and Secretary of EOEEA
			 shall be notified in writing of the decision of the Director of DFW.
(f) In the case of DFW lands, the decision of
			 the Director shall be final. In the case of other lands, an appeal to the
			 Secretary of EOEEA, or his or her designee, can be made if there is
			 disagreement about release. Upon opinion of the Secretary, the Director of DFW
			 shall implement the decision.