Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 13.00 - Public Benefit Determination
Section 13.02 - Applicability
Universal Citation: 301 MA Code of Regs 301.13
Current through Register 1531, September 27, 2024
The Secretary shall conduct a public benefit determination for projects that fall within 301 CMR 13.02(1). The Secretary may conduct a public benefit determination for projects that do not fall within 301 CMR 13.02(1) in accordance with 301 CMR 13.02(2).
(1) Mandatory Public Benefit Review. A public benefit determination shall be required for any project that:
(a) files an environmental notification form
after November 15, 2007;
(b) is
required to file an environmental impact report; and
(c) is completely or partially located in
tidelands or landlocked tidelands.
(2) Discretionary Public Benefit Review. For any project that:
(a)
files an environmental notification form after November 15, 2007;
(b) is not required to file an environmental
impact report; and
(c) is
completely or partially located in tidelands or landlocked tidelands, the
Secretary may require a public benefit determination based on circumstances
relating to the nature of the project, the nature of the tidelands in question,
the project location, or other similar factors where a public benefit review is
necessary to protect public trust rights in tidelands.
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