950 CMR, § 71.03

Current through Register 1533, October 25, 2024
Section 71.03 - Definitions

As used in 950 CMR 71.00:

Area of Potential Impact means that geographical area within which direct and indirect effects generated by the project could reasonably be expected to occur and to cause a change in the historical, architectural, archaeological, or cultural qualities possessed by a State Register property.

Consulting Parties means the Massachusetts Historical Commission, the state body, and the project proponent participating in the consultation process.

Executive Director means the Director of the Massachusetts Historical Commission or a designee authorized to act for the Executive Director.

Interested Parties means any organization or individual who is concerned with the effects of a project on a State Register property.

Inventory means the Inventory of Historic and Archaeological Assets of the Commonwealth which is compiled and maintained by the MHC pursuant to M.G.L. c. 9, §§ 26 and 26A(1). The Inventory includes records of districts, buildings, sites, areas, structures, bridges, objects, specimens, burial grounds, streetscapes, parks, and landscapes located within the Commonwealth. The Inventory is maintained in computer files, paper files, maps, and ancillary reports which are located at the office of the MHC, and contains over 200,000 records. The Inventory of Archaeological Sites and Specimens maintained pursuant to M.G.L. c. 9, §§ 26A(1) is not a public record and is available for inspection at the discretion of the State Archaeologist. The Inventory of Historical Assets is public information and available for public access pursuant to M.G.L. c. 66.

Local Historical Commission means any commission of a city or town established under M.G.L. c. 40, §§ 8D or Special Act, to advise the city or town in historic preservation matters.

Local Historic District Commission means any commission of a city or town established under M.G.L. c. 40C or Special Act, to administer local historic districts or local landmarks.

License means a permit, determination, order or other action, including the issuance of a lease, license, permit, certificate, variance, approval, or other entitlement for use, granted by a state body for a project to any private person, firm, corporation, trust, voluntary association, or other form of business organization, or any state or local governmental, or other entity which is not a state body; but shall not include a general entitlement to a person to carry on a trade or profession or to operate mechanical equipment which does not depend upon the location of such trade or operation.

MHC means the Massachusetts Historical Commission as defined in M.G.L. c. 9, §§ 26 or its staff designated to carry out its responsibilities.

Project means action, activity, program, construction, or land modification, including, but not limited to, a building or structure, either directly undertaken by a state body, or which if undertaken by a private project proponent, in whole or in part, seeks the provision of financial assistance by a state body, or, in whole or in part, requires the issuance of a license by a state body.

Project Notification Form means the form provided by the MHC that is completed by a state body or a private project proponent in order to notify the MHC of a project requiring review under M.G.L. c. 9, §§ 26 through 27C; included in 950 CMR 71.00 as Appendix A.

Project Proponent means a state body undertaking a project or a private person, firm, corporation, trust, voluntary association, or other form of business organization, or any state or local governmental, or other entity which is not a state body undertaking a project that seeks the provision of financial assistance by a state body, in whole or in part, or requires the issuance of a license by a state body, in whole or in part.

State Body means any agency, executive office, department, board, commission, bureau, division, or authority of the Commonwealth established to serve a public purpose.

State Register means the State Register of Historic Places. The State Register shall contain the following properties:

(a) all districts, sites, buildings, or objects determined eligible for listing or listed in the National Register of Historic Places. These include properties listed in the National Register under provisions outlined in 36 C.F.R. Part 60 or properties determined eligible for listing in the National Register under provisions outlined in 36 C.F.R. Part 63 ;

(b) all local historic districts established pursuant to M.G.L. c. 40C or special legislation;

(c) all landmarks designated under local ordinances or by-laws;

(d) all structures and sites subject to preservation easements approved or held by the MHC pursuant to M.G.L. c. 184, §§ 32;

(e) all historical or archaeological landmarks certified pursuant to M.G.L. c. 9, §§ 27; and (f) all properties listed by the MHC pursuant to M.G.L. c. 9, §§ 26D.

State Register Property means a district, site, building, structure, or object included in the State Register.

950 CMR, § 71.03