Current through Register 1531, September 27, 2024
(1)
Funding Priorities Specified in M.G.L. c. 29, §
2IIII. Subject to the 50% split of funds provided in
301 CMR 15.03,
first priority for funding shall be given to projects that are owned or
operated by cities, towns and Charitable Organizations and that meet one or
more of the following applicable criteria:
(a) The structure has been classified by DCR
as a High Hazard or Significant Hazard Dam in poor or unsafe
condition;
(b) The Coastal Flood or
Wave Control structure has been rated in fair, poor or critical condition (C-F)
according to the five level condition rating system in the
Massachusetts Coastal Infrastructure Inventory and Assessment
Project, as published by Department of Conservation and
Recreation;
(c) The structure has
been identified in writing by the United States Army Corps of Engineers as
requiring imminent infrastructure improvement.
(2)
Other Funding Priorities for
Dams. Further evaluation of projects shall be based on
consideration (in no particular order of preference), as applicable, of whether
or the extent to which such projects:
(a)
Result in improvement to public health and/or safety;
(b) Result in the protection of public
property;
(c) Have design plans
that recognize the potential impact of climate change and improves
resilience;
(d) Are part of a water
supply system;
(e) Have obtained
all applicable permits required to implement the project;
(f) Will improve or expand the functions of
naturally occurring systems;
(g)
Will reduce or eliminate a threat to native animal, and naturally occurring
plant and resident or migratory fish species habitat or movement;
(h) Have secured borrowing
authorization.
(3)
Other Funding Priorities for Coastal Flood or Wave Control Projects
Including but not Limited to Seawalls, Jetties, Revetments, Groins, Retaining
Walls and Levees. Further evaluation shall be based on
consideration (in no particular order of preference), as applicable, of whether
or the extent to which such projects:
(a) Have
a moderate to high protection level (III-V) in accordance with The
Massachusetts Coastal Infrastructure Inventory and Assessment Project;
or
(b) Have annual
maintenance and monitoring reports that indicate a worsening condition or a
licensed structural engineer has declared such;
(c) Result in improvement to public health
and/or safety;
(d) Result in the
protection of public property;
(e)
Have design plans that recognize the potential impact of climate change and
that improve resilience;
(f) Will
improve or expand the functions of naturally occurring systems;
(g) Have obtained all applicable permits
required to implement the project; and
(h) Have secured borrowing
authorization.
(4)
Other Funding Priorities for Inland Flood Control
Structures. Further evaluation of inland Levees and similar Flood
Control Structures, excluding Dams, shall be based on consideration (in no
particular order of preference), as applicable, of whether or the extent to
which such projects:
(a) Result in improvement
in public health and/or safety;
(b)
Result in the protection of public property;
(c) Have design plans that recognize the
potential impact of climate change and that improve resilience;
(d) Will improve or expand the functions of
naturally occurring systems;
(e)
Have obtained all permits required to implement the project; and
(f) Have secured borrowing
authorization.
(5) The
Secretary may waive any of the evaluation criteria in 310 CMR 15.06 that are
not otherwise specifically required by M.G.L. c. 29, § 2IIII if necessary
to further the public interest as intended by M.G.L. c. 29, §
2IIII.
