Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 10.00 - DENSELY DEVELOPED AREAS
Section 10.03 - Designation Procedures

Universal Citation: 301 MA Code of Regs 301.10

Current through Register 1531, September 27, 2024

(1) Petition for Designation. A municipality may submit a Petition to the Secretary for designation of a densely developed area:

(a) by a vote of its legislative body requesting designation; or

(b) through the Municipal Official, with concurrence of the Issuing Authority and the planning board.

Municipalities may jointly Petition the Secretary where a proposed area crosses municipal boundaries.

(2) Pre-petition Consultation Session. The Municipal Official may request a consultation session with EOEEA prior to submitting a Petition.

(3) Notice and Public Hearing. Prior to submitting a Petition, the Municipal Official shall hold a public hearing. No later than 14 days prior to the hearing or the vote of the legislative body, the Municipal Official shall publish notice of the Petition and the public hearing in a local newspaper of general circulation and shall provide written notice of the Petition to the issuing authority, the planning board, and property owners and municipalities abutting the proposed densely developed area.

(4) No later than 21 days after receipt of written notice from the Municipal Official, the Issuing Authority and the planning board shall vote on whether they concur with the Petition and inform the Municipal Official of their vote.

(5) Petition Contents. Petitions for designation shall consist of the following items:

(a) type of legislative body and a copy of the vote of the legislative body or documentation from the Issuing Authority and the planning board indicating their concurrence with the proposed designation;

(b) two copies of the completed application form, available on request from EOEEA, and accompanying maps and information, which shall include;

(c) proof of advertisement of the Petition by legal notice in a local newspaper of general circulation; copies of notices of the Petition provided to the issuing authority, the planning board, and abutting municipalities; copies of notices of public meetings and hearings at which the Petition was discussed; names of individuals attending a pre-Petition consultation, if one was held; and

(d) a description of the proposed area and the character of activities and land use within the area as depicted by sufficient information to document land use as of January 1, 1997 and support the Petition such as:
1. Name(s) of municipality (list all municipalities if Petition includes more than one), river basin, river which abuts the proposed Densely Developed Area, description of the proposed boundaries of the Densely Developed Area, name of Municipal Officer, contact person information (name, title, address, phone number, fax number, and email address);

2. a copy of the assessor's map(s), and if available, any other medium to large scale planimetric basemap such as an EOEEA orthophoto or engineering map(s) of the proposed area, depicting the boundaries of the proposed Densely Developed Area, the existing 200 foot riverfront area, and all perennial streams that are the subject of the proposed Densely Developed Area;

3. aerial photography that depicts the land use in the proposed area as close in time as possible prior to January 1, 1997;

4. area (in acres) of the proposed Densely Developed Area and of the proposed Densely Developed Area within the existing 200 foot Riverfront Area;

5. documentation of historic land use within the proposed area for any existing vacant structures or vacant lots formerly used for intensive uses after January 1,1944 including area (in acres) of Eligible Activities in the proposed Densely Developed Areas, as defined in 301 CMR 10.04(3);

6. for proposed Densely Developed Areas that include uses other than Eligible Activities, a map of all such contiguous areas, the size of all such contiguous areas (in acres), the percentage of total acreage of the entire proposed Densely Developed Area, and location and area (in acres) of any such areas within the 200-foot Riverfront Area;

7. a copy of the current zoning map for the proposed area which indicates the extent of the proposed area and describes the corresponding zoning districts and permitted uses;

8. any supplemental maps at an appropriate scale to facilitate interpretation of aerial photographs; and

9. any additional information as the municipality or the Secretary deems appropriate to assist the Secretary in making a decision.

(6) Determination of Completeness. Within 20 days of receipt of a Petition for designation of a densely developed area, the Secretary shall determine whether the Petition is complete and notify the petitioner of the determination in writing. If the Petition is deemed incomplete, the Secretary shall specify what additional materials the Municipal Official is required to submit to complete the Petition.

(7) Public Notice and Comment. Once a Petition is deemed complete the Secretary shall publish notice of the Petition for designation in the Environmental Monitor. Written public and agency comments shall be received on the Petition for 20 days from the date of publication. Comments received beyond that deadline may be considered at the Secretary's discretion.

(8) Informational Hearing or Meeting. Within 20 days from the date of publication of the petition, the Secretary may elect to hold an informational public hearing or meeting within the municipality on the Petition upon the request of ten or more interested Persons or where significant public or agency comment has been received which would, on its face, constitute grounds for the Secretary to deny the Petition or significantly modify the extent of the proposed area.

(9) Site Visit. The Secretary, at his or her discretion, may conduct or assign a designee to conduct a site visit to facilitate her review of the Petition.

(10) Agency Assistance. In evaluating a Petition, the Secretary may consult with the Department of Environmental Protection, the Department of Conservation and Recreation, the Department of Fish and Game, MassGIS, or any other public agency or Persons with expertise in the designation standards of 301 CMR 10.05.

(11) Designation Decision. Within ten days after the close of public comment the Secretary shall issue a final written decision stating whether all, a portion, or none of the proposed area shall be designated a densely developed area in accordance with the designation standards in 301 CMR 10.04. The decision shall include a map or maps showing the designated densely developed area and shall state the reasons for any modifications to the boundaries of the proposed area.

(12) Effective Date. The designation shall take effect immediately upon the date of issuance.

(13) Notice. Notice of the designation shall be published in the next available Environmental Monitor and a copy of said notice sent to the Municipal Official. The Municipal Official shall publish notice of the designation decision in a local newspaper of general circulation and shall provide written notification of such decision to the Issuing Authority.

(14) Extensions. The Secretary may extend any time period during the review of a Petition when significant public comment has been received which would, on its face, constitute grounds for the Secretary to deny the Petition, or designate a portion of the proposed area, or when information contained in a completed Petition is insufficient to evaluate the intensity of the use of the riverfront area.

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