Current through Register 1533, October 25, 2024
Section 25.06 - Miscellaneous(1)Effects of Designation on StateAgency Actions. Inclusion of lands and waters in a Designated Port Area shall have the following effects: (a) in accordance with 301 CMR 20.00: Coastal Zone Management Program, CZM review of federal activities within or impacting a Designated Port Area shall ensure that such activities are consistent with the purposes of 301 CMR 25.00, which implement an enforceable policy of the approved CZM Program;(b) in accordance with 301 CMR 20.00: Coastal Zone Management Program, all appropriate state agencies shall enforce their laws, process regulatory reviews, conduct program activities, disburse funds, construct or supervise the construction of works, or otherwise administer their programs as they relate to DPAs so as to advance the purposes of 301 CMR 25.00.(2)Applicability of Designation. A decision under 301 CMR 25.00 to include a new area of land or water in a DPA shall not apply to a project within such area if, prior to the date the notice of commencement of review was published in the Environmental Monitor:(a) the public comment period on a license or permit application under M.G.L. c. 91 had commenced, in accordance with the notice requirements of 310 CMR 9.13(1): Notice Requirements; and(b) applications were submitted and accepted for all other state and federal approvals required for the project, including but not limited to any federal consistency certification to be obtained from CZM.(3)Clarification of Designation. Upon the request of any interested person, CZM may issue written clarification of a designation decision or minor map corrections, as necessary to serve the purposes of 301 CMR 25.00.(4)Saturday, Sunday, or Legal Holiday. When the last day for an action under 301 CMR 25.00 falls on a Saturday, Sunday, or legal holiday, the action shall occur on the next business day. When the last day of the receipt of comments or receipt of documents for publication in the Environmental Monitor falls on a Saturday, Sunday, or legal holiday, CZM shall accept comments or documents on the next succeeding business day.(5)Distribution of Notice. All public notices prepared in accordance with 301 CMR 25.03 shall be sent, on or before the date the notice is published in the Environmental Monitor, to the following: (a) the municipal official, the planning board, the conservation commission, the City Council or other municipal body with authority to enact zoning, and the harbormaster, if any, of the municipality where the area subject to review is located;(b) any party requesting a review under 301 CMR 25.03(1);(c) DEP, Division of Wetlands and Waterways and Regional Director;(d) Department of Conservation and Recreation, Division of Waterways;(e) Massachusetts Port Authority, Maritime Division and Planning and Development Division, as applicable;(f) Department of Transportation;(g) Executive Office of Housing and Economic Development;(h) Regional planning agencies or land use commissions, as applicable;(i) U.S. Army Corps of Engineers, New England Division;(j) any person who had previously submitted written comments in the proceeding or had requested, in writing, notification and provided the address to which notice should be sent; and(k) any other person deemed appropriate by CZM.(6)Severability. If any provision of 301 CMR 25.00 or the application thereof is held to be invalid, the holding shall not affect the validity of any other provision of 301 CMR 25.00.Amended by Mass Register Issue 1334, eff. 3/10/2017.