(1)
Administration and Delegation. The CZM Program shall
administer
301 CMR 23.00 under the
direction of the Director. The Secretary may delegate to the Director the
authority to issue any written decision or other written statement pursuant to
301 CMR 23.00, exclusive of
301 CMR
23.07. Any such statement signed by the
Director shall be deemed the valid and duly authorized statement of the
Secretary.
(2)
Consultation with DEP. If DEP files written notice
with the Secretary during any public comment period, it shall be provided the
opportunity to participate in any consultation session with the municipality
and to co-chair the public hearing. DEP may also provide a written
recommendation to the Secretary concerning the consistency of a proposed MHP
with state tidelands policy objectives and associated regulatory principles, as
provided in
301 CMR
23.05(2), which shall be
evaluated in accordance with the following procedures:
(a) if CZM concurs with the recommendation of
DEP, such recommendation shall be included in the written decision on the
proposed MHP; and
(b) if CZM
disagrees with the recommendation of DEP and such disagreement cannot be
resolved through routine consultation, the assistance and direction of the
Secretary shall be sought in accordance with the provisions of M.G.L. c. 21A,
§ 4, governing mediation of administrative and jurisdictional conflicts
within EEA; if the disagreement is not eliminated through such mediation, the
Secretary shall include in the written decision on the proposed MHP an
explanation of the specific basis for the final determination on consistency
with state tidelands policy objectives and associated regulatory
principles.
(3)
Saturday, Sunday, or Legal Holiday. When the last day
for a Secretarial action falls on a Saturday, Sunday, or legal holiday, the
Secretary may act on the next succeeding business day. When the last day of the
receipt of comments or receipt of documents for publication in the
Environmental Monitor falls on a Saturday, Sunday, or legal
holiday, the Secretary shall accept such comments or documents until 5:00 P.M.
on the next succeeding business day.
(4)
Distribution of
Documents.
(a) On or before the
date on which any notice of request for a Notice to Proceed, proposed MHP, or
other submission under
301 CMR 23.00 is published in
the
Environmental Monitor, the municipality shall send a copy
of such document(s) to the following:
1.
Director, DEP, Division of Wetlands and Waterways Program (two
copies);
2. DEP, Regional Director;
for the region appropriate to the proposed planning program;
3. Commissioner, Department of Fish and
Game;
4. Commissioner,
DCR;
5. Maritime Director,
Massachusetts Port Authority, as applicable;
6. Regional planning agencies or land use
commissions, as applicable; and
7.
any other state agency, person, or organization designated by the Secretary or
CZM in the Notice to Proceed or other written statement.
(b) Upon request, the municipality shall send
a copy of any request for Notice to Proceed, proposed MHP, or other submission
under
301 CMR 23.00 to any other
state agency, including but not limited to:
1. Massachusetts Historical
Commission;
2. Division of Capital
Asset Management;
3. Department of
Agricultural Resources, if any portion of the Harbor Planning Area has been
used for agricultural purposes in the last five years;
4. the following state agencies responsible
for the development or regulation of infrastructure facilities within the
Harbor Planning Area, as applicable;
a.
Massachusetts Water Resources Authority;
b. Department of Transportation;
c. Massachusetts Bay Transportation
Authority;
d. Department of Public
Utilities;
e. Energy Facilities
Siting Board; and
f. any other
state agency that may either permit or fund activities in the Harbor Planning
Area.
(c) The
municipality shall make copies of any request for a Notice to Proceed, proposed
MHP, or other submission under
301 CMR 23.00 available to
the public at the municipal library, city or town hall, and office of the
harbormaster and harbor commission, if any. Copies of such documents shall also
be made available to individuals, upon request and for a fee not to exceed the
cost of printing and mailing. The municipality shall maintain a list of the
names and addresses of all persons to whom documents are provided, indicating
the dates on which the request was received and the documents sent.
(d) Undue delay in meeting the above
distribution requirements may be cause for extension of any relevant public
comment period by the Secretary.
