Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 23.00 - Review and Approval of Municipal Harbor Plans
Section 23.03 - Notice to Proceed

Universal Citation: 301 MA Code of Regs 301.23

Current through Register 1537, December 20, 2024

(1) Submission Requirements. To request a Notice to Proceed and begin the process of developing an MHP that is eligible for approval, a written description of the proposed planning program must be submitted to the Director, pursuant to 301 CMR 23.08(1), by the planning representative of the municipality, or of each municipality in the event two or more municipalities wish to prepare a joint MHP for a shared Harbor Planning Area. Advance consultation with CZM is encouraged in order to obtain guidance as to the information necessary to allow the public review of the proposed planning program to commence. At a minimum, such information shall include the following:

(a) a description of the Harbor Planning Group and any staff or consultants that will be available to such group; in the case of a harbor shared by more than one municipality, such description must identify any arrangements that have been made for collaborative or coordinated planning efforts;

(b) an appropriately scaled map identifying the proposed Harbor Planning Area;

(c) a concise historical narrative of land and water use and development in the Harbor Planning Area, and the reasons for initiating the harbor planning process, including a summary of current problems, opportunities, and other harbor planning issues, together with a review of prior planning efforts as appropriate;

(d) a general description of a participation program that includes early and continuing interaction with the public; close coordination within municipal government and with boards, committees, and officials having jurisdiction over land and/or water resources affecting the Harbor Planning Area, including those of neighboring municipalities as appropriate; and consultation with CZM, DEP, and other affected state agencies, regional planning agencies, and federal government, including those owning real property or otherwise responsible for the implementation of plans or projects in the Harbor Planning Area; and

(e) a general description of a study program that identifies the planning analysis to be employed for developing goals, addressing potential issues, and assessing alternatives including any potential substitutions or amplifications to 310 CMR 9.00: Waterways pursuant to 301 CMR 23.05(2)(b) through (d).

(2) Public Notice and Distribution Requirements. After receiving a request for a Notice to Proceed pursuant to 301 CMR 23.03(1), the Director shall publish notice of the proposed planning program in the next available edition of the Environmental Monitor. The municipality shall, on or before the date of such publication:

(a) publish the notice in a local newspaper of general circulation and provide a copy of the notice to all public agencies indentified in 301 CMR 23.08(4)(a) and (b); and

(b) distribute copies of the proposed planning program in accordance with 301 CMR 23.08(4)(c).

(3) Public Comment. For a period of 30 days after publication of the notice in the Environmental Monitor, the Secretary shall accept written public comments and may convene a public meeting on the proposed planning program.

(4) Issuance of Notice to Proceed. No later than 30 days after the close of the comment period the Director, pursuant to 301 CMR 23.08(1), shall determine in writing whether the request for the proposed planning program has been accepted or declined. In the event a request for the proposed planning program is declined, the Director shall summarize the reasons for the determination. If the request is accepted, the Director shall issue a Notice to Proceed on the proposed planning program. Notice of the issuance of such Notice to Proceed shall be published in the next available edition of the Environmental Monitor. The Notice to Proceed may include specifications as to the information and analysis, including consideration of alternatives, that will be necessary to determine whether the MHP complies with all relevant standards for approval set forth in 301 CMR 23.05. If the Harbor Planning Area appears to include filled tidelands subject to jurisdiction under 310 CMR 9.00: Waterways, the Notice to Proceed shall indicate how the relevant boundaries of such tidelands should be estimated for planning purposes, based on best available information and any regulations and administrative guidelines for historic tideline delineation set forth by DEP.

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