(1) Projects undergoing mandatory public
benefit review shall follow these procedures:
(a) The proponent shall include in the
environmental notification form or the environmental impact report (at the
proponent's election) detailed information describing the nature of the
tidelands affected by the project and the public benefit of the project,
including the purpose and effect of the project, the impact on abutters and the
surrounding community, enhancement to the property, benefits to the public
trust rights in tidelands or other associated rights, including but not limited
to, benefits provided through previously obtained municipal permits, community
activities on the site, environmental protection and preservation, public
health and safety, and the general welfare. For projects in landlocked
tidelands, this information may be combined with the information required under
301 CMR 11,05(4)(b) and
301 CMR
11.07(6)(g)10.
(b) The public shall have the opportunity
during the MEPA public comment period(s) to comment on whether the project
provides a public benefit, and the proponent shall have the opportunity to
submit additional information during the MEPA process.
(c) For projects in landlocked tidelands, the
Secretary shall make a public benefit determination within 30 days after the
issuance of the certificate concluding the MEPA process or the issuance of any
waiver pursuant to
301 CMR 11.11.
(d) For projects requiring a chapter 91
license, the Secretary shall make a public benefit determination within 30 days
after the issuance of a certificate concluding the MEPA process or the issuance
of any waiver pursuant to
301 CMR 11.11.
(2)
Discretionary
Public Review. Should the Secretary require a public benefit
determination for projects pursuant to
310 CMR
13.02(2), the Secretary
shall so state in the certificate on the environmental notification form. The
certificate shall request specific information from the proponent regarding the
project's public benefit. When such specific information is submitted, the
Secretary shall publish a notice of the filing of such information in the
environmental monitor and receive comments for 30 days from publication. The
Secretary shall make a public benefit determination within 30 days after the
close of public comment.
