Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 20.00 - Coastal Zone Management Program
Section 20.03 - Implementation of the Coastal Zone Management Program

Universal Citation: 301 MA Code of Regs 301.20

Current through Register 1531, September 27, 2024

(1) State Coastal Policy. In accordance with M.G.L. c. 21A, § 2, the Coastal Program Policies shall serve as state environmental policy governing coastal resources and uses. Recognition of these Policies as the official coastal policy of the Commonwealth is contained in Memoranda of Understanding between the CZM Office and other state agencies as part of the state's federally-approved Coastal Zone Management Program.

(2) Role of the CZM Office. The CZM Office is the lead for administration of the Massachusetts Coastal Zone Management Program and shall enforce the Coastal Program Policies and other elements of the Coastal Zone Management Program in cooperation with other parties in accordance with 301 CMR 20.03(3) and (4). The CZM Office shall carry out reviews of projects in or affecting the coastal zone for which consistency with Coastal Program Policies is authorized and may recommend alternatives or changes to such projects in order to achieve consistency with any Coastal Program Policy.

(3) Role of Network Agencies. In accordance with M.G.L. c. 21A, § 2(29), Network Agencies shall implement the Coastal Zone Management Program consistent with their statutory responsibilities. In particular, all regulations, standards and criteria, administrative procedures, and other activities shall be developed and applied in a manner that is consistent to the greatest extent possible with the Coastal Zone Management Program and Coastal Program Policies, in consultation with the CZM Office and in accordance with 301 CMR 20.03(3)(a) through (d):

(a) Any Network Agency may enter into a Memorandum of Understanding (MOU) with the CZM Office and/or the Secretary and any other such Agency in order to jointly implement the Coastal Zone Management Program. If expressly provided in any such MOU, the Network Agency shall provide the CZM Office, upon its written request, with legal standing in any agency proceedings affecting implementation of the Coastal Zone Management Program or the Coastal Program Policies.

(b) Network Agencies whose statutes and regulations are identified in the CZM Policy Guide as the legal authority underlying one or more Enforceable Policies, as defined in 301 CMR 20.02, shall coordinate with the CZM Office to ensure early and effective interagency cooperation, including, but not limited to, the opportunity for the CZM Office to participate in public hearings and meetings or deliberations with project proponents and to participate in a timely manner in the development of draft decisions.

(c) All Network Agencies shall periodically review and, if necessary, promulgate amendments to regulations, administrative procedures, standards and criteria incorporating the Coastal Program Policies and other relevant elements of the Coastal Zone Management Program, to the extent permissible by law.

(d) In the event interagency consultation fails to resolve disagreements that may arise between two or more EEA agencies regarding implementation of the Coastal Zone Management Program, such agencies shall seek the assistance and direction of the Secretary in accordance with the provisions of M.G.L. c. 21A, § 4 governing mediation of administrative and jurisdictional conflicts within EEA.

(4) Consultation and Coordination Outside EEA. The CZM Office will consult and coordinate with local governments; inter state, regional, and area-wide agencies; and other non-EEA agencies with jurisdiction over coastal uses or resources to ensure the effective participation of such other units of government in Coastal Zone Management Program implementation.

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