Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 20.00 - Coastal Zone Management Program › Section 20.03 - Implementation of the Coastal Zone Management Program

Current through Register 1525, July 5, 2024
(1)
State Coastal
			 Policy
. In accordance with M.G.L. c. 21A, § 2, the Coastal
			 Program Policies shall serve as state environmental policy governing coastal
			 resources and uses. Recognition of these Policies as the official coastal
			 policy of the Commonwealth is contained in Memoranda of Understanding between
			 the CZM Office and other state agencies as part of the state's
			 federally-approved Coastal Zone Management Program.
(2)
Role of the CZM
			 Office
. The CZM Office is the lead for administration of the
			 Massachusetts Coastal Zone Management Program and shall enforce the Coastal
			 Program Policies and other elements of the Coastal Zone Management Program in
			 cooperation with other parties in accordance with 301 CMR 20.03(3) and (4). The
			 CZM Office shall carry out reviews of projects in or affecting the coastal zone
			 for which consistency with Coastal Program Policies is authorized and may
			 recommend alternatives or changes to such projects in order to achieve
			 consistency with any Coastal Program Policy.
(3)
Role of Network
			 Agencies
. In accordance with M.G.L. c. 21A, § 2(29), Network
			 Agencies shall implement the Coastal Zone Management Program consistent with
			 their statutory responsibilities. In particular, all regulations, standards and
			 criteria, administrative procedures, and other activities shall be developed
			 and applied in a manner that is consistent to the greatest extent possible with
			 the Coastal Zone Management Program and Coastal Program Policies, in
			 consultation with the CZM Office and in accordance with 301 CMR 20.03(3)(a)
			 through (d):
(a) Any Network Agency may enter
			 into a Memorandum of Understanding (MOU) with the CZM Office and/or the
			 Secretary and any other such Agency in order to jointly implement the Coastal
			 Zone Management Program. If expressly provided in any such MOU, the Network
			 Agency shall provide the CZM Office, upon its written request, with legal
			 standing in any agency proceedings affecting implementation of the Coastal Zone
			 Management Program or the Coastal Program Policies.
(b) Network Agencies whose statutes and
			 regulations are identified in the CZM Policy Guide as the legal authority
			 underlying one or more Enforceable Policies, as defined in
			 301 CMR 20.02, shall
			 coordinate with the CZM Office to ensure early and effective interagency
			 cooperation, including, but not limited to, the opportunity for the CZM Office
			 to participate in public hearings and meetings or deliberations with project
			 proponents and to participate in a timely manner in the development of draft
			 decisions.
(c) All Network Agencies
			 shall periodically review and, if necessary, promulgate amendments to
			 regulations, administrative procedures, standards and criteria incorporating
			 the Coastal Program Policies and other relevant elements of the Coastal Zone
			 Management Program, to the extent permissible by law.
(d) In the event interagency consultation
			 fails to resolve disagreements that may arise between two or more EEA agencies
			 regarding implementation of the Coastal Zone Management Program, such agencies
			 shall seek the assistance and direction of the Secretary in accordance with the
			 provisions of M.G.L. c. 21A, § 4 governing mediation of administrative and
			 jurisdictional conflicts within EEA.