Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 5.00 - LAND and PARC Programs
Section 5.02 - Definitions

Active Outdoor Recreation. Outdoor recreation that occurs in parks and requires significant alteration of the natural landscape to provide playground or active sports facilities such as tennis, basketball or other sport courts, ball fields, swimming pools or spray pads, paved bike or walking trails, golf courses, marinas, enclosed dog parks, boat rentals, concession stands, community gardens, outdoor skating rinks, bathroom buildings, bleachers or stands or other developed facilities needed for active outdoor recreation.

Conservation Land. Land owned by a municipality for conservation and passive public outdoor recreation purposes and managed for those purposes under the Conservation Commission consistent with M.G.L. c. 40, § 8C. In order to receive funds from the LAND Program Conservation Land must be dedicated in the deed to conservation and passive public recreation purposes.

Director of Environmental Justice. A person so named and designated by the Secretary to review PARC and LAND grant applications and advise the Secretary on the importance of each application in addressing environmental justice concerns.

Division. The Division of Conservation Services in the Executive Office of Energy and Environmental Affairs.

LAND Program. A grant program that provides reimbursements to municipalities of up to 90% of the allowable project costs towards the purchase of land for conservation and passive outdoor recreation purposes and/or planning, design, access, or stewardship projects on LAND funded conservation land.

Management Plan. A plan reviewed and approved by the Division that guides future use and stewardship of the Park or Conservation Land for appropriate active or passive outdoor recreation.

Open Space and Recreation Plan. A plan reviewed and approved by the Division, having a duration of up to ten years, containing those elements required by the Division such as: a summary; statement of purpose including planning process and public participation; community setting; environmental inventory and analysis; inventory of lands of conservation and recreation interest; community goals; analysis of needs; goals and objectives; an action plan; and maps and letters of comment from the chief municipal officer, planning board, and regional planning agency. Guidelines and a workbook for developing plans are available from the Division.

PARC Program. A grant program that provides reimbursements to municipalities of up to 90% of allowable costs towards the acquisition of land, and the construction, restoration, or rehabilitation of land for park and outdoor recreation purposes.

Park. Land owned by a municipality and managed for active public outdoor recreation purposes under the Park, Playground or Recreation Commission. In order to receive PARC Program funding a park must be dedicated in the deed to active public outdoor recreation purposes.

Passive Outdoor Recreation. Any outdoor activity that occurs in a natural setting with minimum disturbance of the natural and cultural resources and that is consistent with quiet enjoyment of the land including but not limited to hiking, nature study, outdoor education, cross country skiing, snowshoeing, horseback riding, trail bicycling, hunting, fishing, picnicking, canoeing, ice-skating, community gardening in existing fields, swimming in a natural water body with minimal site development, or informal sports activities on an open natural field. For the purpose of eligibility and reimbursement under these regulations snowmobiling may considered passive outdoor recreations if the municipality determines that it is compatible with other activities. Facilities necessary to support passive recreation with a minimum of disturbance to the natural and cultural resources such as natural surface trails and wood roads, and appropriately-scaled parking areas, bathrooms, and nature centers are considered consistent with passive outdoor recreation. Passive outdoor recreation areas may also be managed for sustainable forestry and farming including community farms and forests.

Project. Reimbursement for the acquisition of land for passive outdoor recreation and conservation purposes, and/or appropriate planning, design, access, or stewardship projects on LAND funded conservation land (including ancillary costs such as title, survey, management planning, design and installation of low impact trails or educational signs or other low impact and appropriate projects to support passive outdoor recreation). Project also means the acquisition, development, restoration, or renovation of parkland reimbursed by the PARC Program that meets all policies and specifications of EEA and the Division. Projects shall require that a project agreement be recorded at the appropriate Registry of Deeds with a reference to the conservation or park land that has been funded with the grant. The project agreement includes reference to all requirements and policies of the grant that apply in perpetuity to the land.

Project Quality Criteria. Rating criteria used in project selection such as park and conservation land accessibility, public participation in design, water and trail access, land and park stewardship, consistency with state and local plans, and environmental attributes such as habitat for rare, threatened, or endangered species and species of greatest conservation need, water resources, farm, forestry, landscape and biodiversity conservation resources, historic and archaeological resources, climate resiliency, stormwater reduction, tree planting, and support of EEA and agency policies.

Project Selection System. A project rating system based on a 100-point scale. The LAND Project Selection System shall award no less than 30 points based on demographic factors, focusing on financial need of the applicant community, and up to 70 points based on project quality criteria. The PARC Project Selection System shall award no less than 30 points based on demographic characteristics, focusing on financial need of the applicant community, and up to 70 points based on project quality criteria. Each program's selection system awards points for implementation of the community's open space and recreation plan and up to ten bonus points at the discretion of the Secretary. The Secretary shall develop and may review and modify, at his discretion, selection systems for the LAND, Rolling LAND, PARC, and Rolling PARC grant programs. The selection systems shall be set forth in Guidance Documents available from the Division.

Regional Project. A recreation facility that has parking for at least 100 cars and adequate comfort stations. Regional Projects generally provide multiple opportunities for picnicking, walking, canoeing, boating, fishing, children's recreation, and swimming. The Secretary may waive the vehicle accommodation requirement if direct access to a public transportation route with regularly scheduled hourly service is available at the project site. Guidelines for regional projects are available from the Division.

Rolling LAND Program. A rolling grant program that conforms with the minimum requirements of the LAND Program, plus guidelines established by the Secretary, excluding the grant cycle requirement described in 301 CMR 5.05(4).

Rolling PARC Program. A rolling grant program that conforms with the minimum requirements of the PARC Program, plus guidelines established by the Secretary, excluding the grant cycle requirement described in 301 CMR 5.05(4).

Secretary. The Secretary of Energy and Environmental Affairs or the Secretary's designee.

Small Town Project. A Project which qualifies only for a maximum of $100,000 where a community does not meet the population criteria of a city or town of over 35,000 and is not undertaking a Regional or Statewide Project.

Statewide Project. A recreation facility located within a one hour driving time from more than one Metropolitan Statistical Area, accommodates at least 200 vehicles, provides adequate comfort stations, and will also provide for more dispersed or uncommon recreation opportunities such as equestrian trail use, overnight camping, nature center programs, golf, group picnicking, large beach use, boating, skiing, and live animal viewing such as zoos. Any Project located on Nantucket Island, Martha's Vineyard, or Cape Cod is considered statewide regardless of the project scope. The Secretary may waive the vehicle accommodation requirement if direct access to a public transportation route with regularly scheduled hourly service is available at the project site. Guidelines for statewide projects are available from the Division.