Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 25.00 - Designation Of Port Areas
Section 25.03 - Designation Procedures

Universal Citation: 301 MA Code of Regs 301.25

Current through Register 1531, September 27, 2024

(1) Initiation of Review. CZM shall perodically carry out reviews under 301 CMR 25.00 to determine whether particular areas of land or water shall be included or remain in an existing DPA, or form a new DPA.

Except as provided in 301 CMR 25.03(2), the Director also may carry out a review upon the written request of:

(a) the municipal official or planning board, or the City Council or other municipal body with authority to enact zoning, of the municipality where the area proposed for review is located;

(b) any state agency or regional planning agency with planning, regulatory, or development authority over the area proposed for review;

(c) the owner(s) of the area proposed for review; or

(d) any ten citizens of the Commonwealth.

Such written request shall be accompanied by an assessors map and mailing addresses for all persons owning property within the area proposed for review, as shown on the most recent applicable tax list of the assessors, as well as by preliminary documentation prepared in accordance with any content and format instructions provided by CZM, with whom advance consultation is encouraged in order to obtain guidance as to the minimum information submittal necessary for the request to be completed. Within 45 days of receiving a completed request, the Director shall determine in writing whether the request for review has been accepted or declined and shall summarize the reasons for the determination. In the event a request for review is accepted, the Director may require that additional information be provided by the requesting party, in accordance with any written guidelines that may be provided by CZM.

(2) Areas Not Eligible for Review. The following areas shall not be included in any review carried out under 301 CMR 25.00:

(a) any area that has been the subject of a DPA designation decision within the previous five years, except upon a demonstration by a requesting party that substantial and rapid change has occurred in circumstances affecting the suitability of the area to accommodate water-dependent industrial use, as governed by the designation standards set forth in 301 CMR 25.04;

(b) any area within a DPA that consisted primarily of Water-dependent Industrial Use throughout the previous five years;

(c) any area within a DPA that is recommended for exclusion from review by the City Council or other municipal body with authority to enact zoning, unless the area is the site of a proposed project that is exempt by law from compliance with zoning or has been granted relief from the use restrictions applicable under zoning; or

(d) any land area within a DPA that is entirely bounded by existing DPA lands and/or DPA waters, exclusive of existing roads, residential properties, and sensitive wetland resource areas, such as salt marsh, dunes, banks, beaches, etc.

(3) Commentary. As a general rule, CZM intends to apply the foregoing eligibility criteria in the context of groups of parcels that form coherent planning units, rather than to individual project sites or other properties under common ownership or control. DPA-related attributes typically vary across different parcels, such that the combined characteristics of associated parcels in the same general vicinity are not reflected accurately in the characteristics of any single property. For this reason, it is important that geographic areas subject to review be sized and configured in a manner that allows consideration of all relevant factors affecting overall eligibility to accommodate Water-dependent Industrial Use.

(4) Information Gathering Process. CZM shall carry out all DPA reviews in accordance with the following provisions:

(a) Notice of the review shall be published in the Environmental Monitor and, on or before the date of such publication, in a local newspaper of general circulation. A copy of the notice shall be sent to all organizations and persons identified in 301 CMR 25.06(5) and to all property owners identified on any list provided in accordance with 301 CMR 25.03(1).

(b) For a period of 30 days after publication of the notice in the Environmental Monitor, CZM shall accept public comments relative to areas and issues that might be addressed in the review. Within this comment period, a public information meeting shall be convened in the municipality where the area subject to review is located. CZM may extend the public comment period upon the request of any interested person and shall publish notice of any extension in the next available edition of the Environmental Monitor.

(c) Upon the close of the public comment period, CZM shall arrange a consultation session involving one or more meetings with the planning representative of any affected municipality and with DEP. As appropriate the Director shall also consult with affected state agencies, the operators of water-dependent industrial facilities in the DPA, and any other organizations or persons with expertise related to the designation standards of 301 CMR 25.04.

The purpose of the consultation session is to obtain further input and assistance in conducting the review. A work plan shall be established that identifies, among other things, the scope of any additional information that needs to be compiled together with an appropriate division of information-gathering responsibility. CZM shall adopt a target schedule for the information-gathering process, which shall not exceed six months except as may be agreed upon by CZM and the planning representative of the affected municipality. If the accuracy or appropriateness of any factual information gathered during the consultation session is disputed by the planning representative of an affected municipality, or a state agency, the Director shall seek to resolve the dispute through appropriate mediation measures.

(d) Within 30 days after the close of the consultation session, CZM shall issue a written designation report for public review and comment. The report shall indicate which areas CZM proposes to include and/or exclude from a DPA and shall include a map(s) showing all proposed changes to existing boundaries and/or specifications of new boundaries. The report shall set forth the data and analysis on which the proposed map amendments are based, in accordance with the designation standards set forth in 301 CMR 25.04.

(5) Public Comment on Designation Report. CZM shall solicit public response to the designation report in accordance with the following provisions:

(a) A notice of availability of the report and of the location and date of the public hearing scheduled in accordance with 301 CMR 25.03(5)(c) shall be published in the next available edition of the Environmental Monitor and, on or before the date of such publication, in a local newspaper of general circulation. A copy of the notice shall be sent to the relevant planning representative(s) and to all the organizations and persons identified in 301 CMR 25.06(5).

(b) For a period of 30 days after publication of the notice in the Environmental Monitor, CZM shall accept public comments on the designation report. CZM may extend the public comment period upon the request of any interested person, and shall publish notice of any extension in the next available edition of the Environmental Monitor.

(c) A public hearing shall be held by CZM prior to the close of the public comment period and within the municipality where the area subject to review is located.

(6) Issuance of Designation Decision and Map Amendment. Within 60 days after the close of the public comment period, the Director shall issue a final written designation decision stating whether the area(s) under review shall be included or remain within a DPA, in accordance with the designation standards set forth at 301 CMR 25.04. The decision shall include an amended map(s) showing the modified or new boundaries of the DPA, and shall state the reasons for any boundary changes relative to the map previously proposed in the designation report. The Director may qualify, limit, or otherwise condition the designation decision in any manner that serves the purposes of 301 CMR 25.00, and the decision shall take effect immediately upon the date of issuance. A copy of the decision shall be sent to the relevant planning representative(s), to all public agency representatives with whom consultation occurred, and to any other person on request. Notice of the decision shall be published in the next available edition of the Environmental Monitor and a copy of the notice shall be sent to all organizations and persons identified in 301 CMR 25.06(5).

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