Current through Register 1531, September 27, 2024
(1)
Effects of Designation on
StateAgency Actions. Inclusion of lands and waters in a Designated
Port Area shall have the following effects:
(a) in accordance with
301 CMR 20.00:
Coastal Zone Management Program, CZM review of federal
activities within or impacting a Designated Port Area shall ensure that such
activities are consistent with the purposes of
301 CMR
25.00, which implement an enforceable policy of the
approved CZM Program;
(b) in
accordance with
301 CMR 20.00:
Coastal Zone Management Program, all appropriate state
agencies shall enforce their laws, process regulatory reviews, conduct program
activities, disburse funds, construct or supervise the construction of works,
or otherwise administer their programs as they relate to DPAs so as to advance
the purposes of
301 CMR
25.00.
(2)
Applicability of
Designation. A decision under
301 CMR
25.00 to include a new area of land or water in a DPA
shall not apply to a project within such area if, prior to the date the notice
of commencement of review was published in the Environmental
Monitor:
(a) the public comment
period on a license or permit application under M.G.L. c. 91 had commenced, in
accordance with the notice requirements of
310 CMR
9.13(1): Notice
Requirements; and
(b)
applications were submitted and accepted for all other state and federal
approvals required for the project, including but not limited to any federal
consistency certification to be obtained from CZM.
(3)
Clarification of
Designation. Upon the request of any interested person, CZM may
issue written clarification of a designation decision or minor map corrections,
as necessary to serve the purposes of
301 CMR
25.00.
(4)
Saturday, Sunday, or Legal Holiday. When the last day
for an action under
301 CMR
25.00 falls on a Saturday, Sunday, or legal holiday,
the action shall occur on the next 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, CZM shall accept comments or documents on the next succeeding business
day.
(5)
Distribution
of Notice. All public notices prepared in accordance with
301 CMR
25.03 shall be sent, on or before the date
the notice is published in the Environmental Monitor, to the
following:
(a) the municipal official, the
planning board, the conservation commission, the City Council or other
municipal body with authority to enact zoning, and the harbormaster, if any, of
the municipality where the area subject to review is located;
(b) any party requesting a review under
301 CMR
25.03(1);
(c) DEP, Division of Wetlands and Waterways
and Regional Director;
(d)
Department of Conservation and Recreation, Division of Waterways;
(e) Massachusetts Port Authority, Maritime
Division and Planning and Development Division, as applicable;
(f) Department of Transportation;
(g) Executive Office of Housing and Economic
Development;
(h) Regional planning
agencies or land use commissions, as applicable;
(i) U.S. Army Corps of Engineers, New England
Division;
(j) any person who had
previously submitted written comments in the proceeding or had requested, in
writing, notification and provided the address to which notice should be sent;
and
(k) any other person deemed
appropriate by CZM.
(6)
Severability. If any provision of
301 CMR
25.00 or the application thereof is held to be
invalid, the holding shall not affect the validity of any other provision of
301 CMR
25.00.
