810 CMR, § 2.05

Current through Register 1536, December 6, 2024
Section 2.05 - Public Notice and Comment Requirements
(1) Agencies shall, prior to submitting a Project Proposal to the Board for a Proposed Project which has received preliminary approval under 810 CMR 2.04(2), publish a Notice of Intent to Submit a Proposal (this publication requirement shall also apply to Low Impact Electronic, Communications and Telecommunications Projects and Acquisition Projects even though preliminary approval of such Projects is not required). Such notice shall include:
(a) a brief summary of the Project, including a description of the Asset, the general location of any real property involved in the Proposed Project, and an estimate of the value of the Asset;
(b) the location or office at which draft Project Proposals are available;
(c) an invitation for public comment and, if required by 810 CMR 2.00, the date, time, and location of a public hearing on the proposal; and
(d) the procedures and deadlines for submitting comments. A copy of such notice shall also be sent to each member of the Board. Notices shall also be sent, in the case of a Proposed Project involving the acquisition or disposition of an interest in real property with an estimated value greater than $100,000, to the members of the General Court in the legislative district in which the Project is located, in the case of a city under the "Plan E" form of government, to the city manager in the case of all other cities, to the mayor and the city council and in the case of a town, to the chairman of the board of selectman, the county commissioners, and the regional planning agency.
(2) The Agency shall cause a Notice of Intent to Submit a Proposal to be advertised for two consecutive weeks in the Central Register and once a week for two consecutive weeks in at least one newspaper of general circulation covering the Project area. The last notice shall appear no less than seven days prior to the submission of the proposal to the Board or the conduct of a public hearing, whichever is sooner.
(3) Prior to the submission of any Project Proposal for which, under the provisions of 810 CMR 2.05(1), notice must be given to members of the General Court, the Agency preparing such Project Proposal shall conduct a public hearing on the proposal in the legislative district in which the Project is located; except that the Board may vote to waive this public hearing requirement under 810 CMR 2.05(4) and such public hearing shall not be required for Low Impact Electronic, Communications and Telecommunications Projects. In the case of Acquisition Projects, the public hearing requirement shall be deemed satisfied if at least one public hearing shall have been conducted within the Proposed Project area. Board members may participate in any such hearing. The Agency conducting the hearing shall maintain minutes of the hearing which accurately reflect comments received at the hearing. The public hearing shall be conducted under any special requirements established by the Board under 810 CMR 2.04(2).
(4) The Board may, waive any otherwise applicable public hearing requirement if the Board determines, based upon review of the Preliminary Project Proposal (or, in the case of an Acquisition Project, based on a review of the Proposed Project), that such a public hearing is not necessary to insure that the Proposed Project meets the standards for approval set forth in M.G.L. c. 7B and in 810 CMR 2.02(1).

810 CMR, § 2.05

Amended by Mass Register Issue 1345, eff. 8/11/2017.
Amended by Mass Register Issue 1428, eff. 10/16/2020.