310 Mass. Reg. 12.01

Current through Register 1527, August 2, 2024

Section 12.01 - Introduction

(1)Authority. 310 CMR 12.00 is issued by the Department of Environmental Protection pursuant to the authority granted under M.G.L. c. 21A, § 2 (28).

(2)Purpose. 310 CMR 12.00 is promulgated in order to:

(a) define and explain the language of M.G.L. c. 130, § 105, and

(b) establish the general procedures under which the Department of Environmental Protection will exercise its responsibilities under M.G.L. c. 130, § 105.

It is the intent of the Department that 310 CMR 12.00 is to be used to preserve the public safety, health and welfare, private property, wildlife and marine fisheries. It is further intended that these goals shall be accomplished through the adoption of Orders imposing restrictions on the coastal wetlands of the Commonwealth. The Orders shall regulate, restrict, prohibit, control or abate certain specified activities or uses, including dredging, filling, removing, otherwise altering or polluting coastal wetlands. The Orders shall allow other specified activities and uses within these areas, subject to the applicable requirements of M.G.L. c. 131, § 40. Each Order as adopted shall apply to a specific city or town within which coastal wetlands are located.

It is also the intent of the Department that 310 CMR 12.00 be consistent with and form a part of the Commonwealth's Coastal Zone Management Program (here in after "CZM Program") as it has been promulgated and defined in 301 CMR 20.00 issued pursuant to M.G.L. c. 21A entitled "Establishment of the Coastal Zone Management Program by the Executive Office of Environmental Affairs". 310 CMR 12.00, however, is adopted independently under M.G.L. c. 130, § 105 and would remain in full force and effect in the absence of the CZM Program or 301 CMR 20.00.

The interpretation and application of 310 CMR 12.00 shall be consistent with the policies of the CZM Program to the maximum extent permissible under M.G.L. c. 130, § 105. 301 CMR 20.00 establish the CZM policies as part of the CZM Program, and the Department recognizes these policies as state environmental policy, which it will carry out in accordance with M.G.L. c. 21A. Specifically 301 CMR 20.99 Appendix, policies 1, 2, 3, 4, 5, 7, 9, and 10 are applicable to the administration of M.G.L. c. 130, § 105, but the provisions of the more specific regulations contained in 310 CMR 12.00 shall govern, unless the Secretary of Environmental Affairs (hereinafter "The Secretary") pursuant to the conflict resolution procedures of M.G.L. c. 21A, § 4, and 301 CMR 20.06(20) through 20.06(28), has resolved any conflict and has determined that the CZM policies should or should not apply.

(3)Coordination with the CZM Office and Local Governments: In accordance with 301 CMR 20.06, the Department shall notify the CZM Office at least 60 days beforehand of the adoption of any proposed Order and shall provide local government agencies with notice of the proposed Order at least 30 days prior to its adoption.

(4)Restriction of Areas of Critical Environmental Concern. Whenever the Secretary notifies the Commissioner that he has accepted the nomination of a coastal wetland for designation as an Area of Critical Environmental Concern (hereinafter "ACEC") in accordance with 301 CMR 20.06, the Commissioner shall, within 30 days of such acceptance, submit the following to the Secretary and to the Director of the Coastal Zone Management Office:

(a) a narrative description of the current status of mapping activity and of any past or current wetlands restriction activity within the suggested boundaries of the nominated ACEC and within related contiguous upland areas within the coastal zone, as defined in 301 CMR 20.03;

(b) a schedule for restricting the coastal wetlands in the nominated ACEC within 15 months of the Secretary's designation of the ACEC pursuant to 301 CMR 20.06.

In carrying out the restriction of the coastal wetlands of an ACEC within 15 months of its designation, the Department shall review the adequacy and consistency of all previously recorded restrictions within the ACEC and shall, as necessary, amend or modify and rerecord such restrictions to ensure full compliance with the management goals of the Secretary's designation of the ACEC.

If the Commissioner determines that the process of restricting all of the coastal wetlands in an ACEC cannot be completed within 15 months of designation, the Commissioner may request that the Secretary grant a one-time extension of up to 90 days.

310 CMR 12.01