Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 28.00 - OCEAN MANAGEMENT PLAN
Section 28.05 - Consistency of Agency Authorizations

(1) It shall be the responsibility of all Agencies to ensure that all certificates, licenses, permits and approvals for any proposed Activities in the Ocean Management Planning Area and subject to the jurisdiction of the Ocean Management Plan, as contained in 301 CMR 28.03, are consistent, to the maximum extent practicable, with the provisions of said plan.

(2) In issuing licenses, permits and approvals for the Activity, Agencies shall act consistently, to the maximum extent practicable, with the Secretary's findings and determinations contained in a MEPA certificate, including as they may apply to the Activity's compliance with the management standards contained in 301 CMR 28.04(2). An Agency may also rely upon such findings and determinations of the Secretary when reviewing and taking action on an application or request by a proponent for a license, permit or approval from the Agency for the Activity.

(3) An Agency shall include a determination in its M.G.L. c. 30, § 61 findings pursuant to MEPA, that all feasible measures have been taken such that its approval of the Activity is consistent with the Ocean Management Plan and 301 CMR 28.00. The Agency shall specify any measures required to achieve consistency, the Person or Agency responsible for funding and implementing such measures, and the anticipated implementation schedule that will ensure that the measures shall be implemented prior to, or when appropriate, in relation to timing of unavoidable impacts.