Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN
Section 28.02 - Definitions
Activities. Activities, uses or facilities allowed under M.G.L. c. 132A §§ 15 and 16 and 301 CMR 27.00: Ocean Sanctuaries.
Agency. Any agency, department, board, commission, or authority of the Commonwealth.
Cables. Linear infrastructure for the transmission of telecommunications or electricity.
Commercial Scale Wind Energy. Wind energy projects of a scale designed for the generation of energy at commercial scale; that is, greater than wind energy projects for an individual community or subset thereof. Commercial scale wind energy facilities are those that are larger than the community-scale allocations contained in the Ocean Management Plan.
Commercial Scale Tidal Energy. Tidal energy facilities at scale greater than could be authorized by the Federal Energy Regulatory Commission (FERC) as a pilot project under FERC's Hydrokinetic Pilot Project Licensing Process described in the April 2008 Licensing Hydrokinetic Pilot Projects White Paper.
Community Scale Wind Energy. Wind energy projects of a scale designed to provide energy for an individual community or communities. Community Scale Wind Energy Facilities must conform to the maximum allocation of turbines that may be approved within the areas of the coastal Regional Planning Agencies as contained in the Ocean Management Plan.
Concentrations of Water-dependent Uses means areas described and mapped in the Ocean Management Plan, as may be updated or amended, where the intensity of marine-based commercial and recreational fishing, commercial shipping and navigation, and recreational boating uses are significant. Maps of the Concentrations of Water-dependent Uses and the methods utilized for developing them are available on the Massachusetts Ocean Resources Information System.
Environmental Impact Report. An Environmental Impact Report, or EIR, as defined and used in 301 CMR 11.00: MEPA Regulations.
Environmental
Monitor. The publication, entitled the
Environmental Monitor, issued by the Executive Office of
Energy and Environmental Affairs to provide information on projects under
review by the MEPA office, recent MEPA decisions, and other public notices from
Agencies. The URL for the online version of the Environmental
Monitor is
Environmental Notification Form. An Environmental Notification Form, or ENF, as defined and used in 301 CMR 11.00: MEPA Regulations.
Host Community. Any town or city in which all or part of a renewable energy Activity's energy generating facilities (i.e., turbines not cables) are located.
Massachusetts Ocean Resources Information
System. The online geographical information system (GIS) data base
and mapping tool managed by the Office of Coastal Zone Management. All of the
maps and GIS data contained in the Ocean Management Plan are maintained and
available in digital format on the Ocean Management Plan Data site of the
Massachusetts Ocean Resources Information System. The URL for is
Ocean Advisory Commission. The advisory commission established by the Oceans Act for the purpose of assisting the Secretary in the development of an Ocean Management Plan. Membership and other terms are defined in M.G.L. c. 21A, § 4C(c)(i) through (iii).
Ocean Management Plan. The Massachusetts Ocean Management Plan developed and promulgated pursuant to St. 2008, c. 114 and M.G.L. c. 21A, § 4C.
Ocean Management Planning Area. The waters and associated submerged lands of the ocean, including the seabed and the soil, lying between a line designated as the "Nearshore Boundary of the Ocean Management Planning Area" and the seaward boundary of the Commonwealth, as defined in 43 U.S.C. § 1312. The "Nearshore Boundary of the Ocean Management Planning Area" is depicted on a map dated January 31, 2006, prepared by the Office of Coastal Zone Management, and available on the Massachusetts Ocean Resources Information System, that constitutes the landward boundary of the Ocean Management Planning Area.
Ocean Science Advisory Council. The council established by the Oceans Act for the purpose of assisting the Secretary in creating a baseline assessment and obtaining other scientific information necessary for the development of the Ocean Management Plan. Membership and other terms are defined in M.G.L. c. 21A, § 4C(d).
Person. Any individual, corporation, partnership, trust, association, or other business or nonprofit organization, or any Federal, municipal, or regional governmental, intergovernmental or other entity that is not an Agency.
Pilot Tidal and Wave Energy Project. A tidal and wave energy (or hydrokinetic) facility at a scale that could be authorized by the Federal Energy Regulatory Commission (FERC) as a pilot project under FERC's Hydrokinetic Pilot Project Licensing Process described in the April 2008 Licensing Hydrokinetic Pilot Projects White Paper.
Pipeline. Linear infrastructure for the conveyance of such materials as natural gas.
Proponent. Any Agency or Person, including a designee or successor in interest, that undertakes, or has a significant role in undertaking, an Activity.
Regional Planning Agency. For the purposes of 301 CMR 28.00, one of the six coastal regional planning organizations established pursuant to statewide enabling legislation that help communities plan and implement short- and long-range improvements for transportation, economic development, environmental, land use, and community development needs. The six coastal regional planning organizations are: the Cape Cod Commission, the Martha's Vineyard Commission, the Merrimack Valley Planning Commission, the Metropolitan Area Planning Council, the Nantucket Planning and Economic Development Commission, and the Southeastern Regional Planning and Economic Development District.
Renewable Energy Activities. Wind, tidal, or wave energy projects allowed under M.G.L. c. 132A, §§ 15 and 16 and includes Commercial Scale Wind Energy, Commercial Scale Tidal Energy, Community Scale Wind Energy, Pilot Tidal and Wave Energy, and Test or Demonstration-scale Renewable Energy Projects.
Sand and Gravel Extraction. The activity of removing sand or gravel from the seabed and subsoil for the purpose of beach restoration, nourishment or shore protection.
Secretary. The Secretary of the Executive Office of Energy and Environmental Affairs.
Special, Sensitive or Unique Resources. Special, sensitive or unique estuarine and marine life and habitats, pursuant to St. 2008, c. 114 and M.G.L. c. 21A, § 4C. Special, Sensitive or Unique Resources are described and mapped in the Ocean Management Plan, as may be updated or amended. Maps of the Special, Sensitive or Unique Resources and the methods utilized for developing them are available on the Massachusetts Ocean Resources Information System.
Test or Demonstration-scale Renewable Energy Projects. Wind, tidal, or wave energy projects of a limited scale designed to pilot, test, and demonstrate renewable energy technology.
