Code of Massachusetts Regulations
301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Title 301 CMR 5.00 - LAND and PARC Programs
Section 5.03 - Eligibility

Universal Citation: 301 MA Code of Regs 301.5

Current through Register 1531, September 27, 2024

(1) Planning Requirement. No application will be considered by the Secretary until the Applicant has filed an approved Open Space and Recreation Plan or submits a draft plan with the preliminary application.

(2) LAND Program.

(a) Only municipalities with Conservation Commissions duly established pursuant to M.G.L. c. 40, § 8C are eligible to participate in the LAND Program.

(b) LAND Program grants are available to fund the acquisition of land for passive outdoor recreation and conservation purposes, and/or appropriate planning, design, access, or stewardship projects on conservation land.

(3) PARC Program.

(a) Only municipalities with a Park, Playground, or Recreation Commission, or any combination thereof, duly established pursuant to M.G.L. c. 45, § 2, and a Conservation Commission duly established pursuant to M.G.L. c. 40, § 8C, are eligible to participate in the PARC Program.

(b) PARC Program grants are available to fund the acquisition of land for park and active outdoor recreation purposes, and for the construction, restoration, or rehabilitation of land for park and outdoor recreation purposes.

(c) The following municipalities are eligible to apply for PARC grants:
1. Any city, or a town of over 35,000 year round inhabitants; or

2. Municipalities with a population of less than 35,000 year-round inhabitants that:
a. propose a Statewide or Regional Project and demonstrate regional or statewide usage to the satisfaction of the Secretary; or

b. propose a Small Town Project.

(d) The Director of Environmental Justice may publicize in urban areas the existence of the PARC Program, and publicize, make available and assist municipalities with interpreting the PARC Program guidelines.

(4) Affirmative Action and Accessibility. To be eligible for assistance, municipalities must be in compliance with a Civil Rights Review Comment from the Massachusetts Commission Against Discrimination, and Executive Order No. 215, concerning Disbursement of State Development Assistance for Affordable Housing. Municipalities must also show that all parks and recreation facilities are in compliance with the Americans with Disabilities Act ( P.L. 101-336), formerly required under Section 504 of the Rehabilitation Act of 1973, P.L. 93-112 (Federal Handicapped Accessibility Guidelines), as amended; and Department of Interior Regulations 43 CFR 17, Subpart B, or show how and when such facilities will be brought into compliance with the above regulations.

(5) Upon request, the municipality or its authorized representative shall provide all records, books, papers, documents, or other data relating to the Program grant to the Secretary for examination.

(6) Each program participant shall cause work on the Project to proceed within a reasonable period of time after receiving a signed state standard contract from the Division and will pursue the Project to completion with reasonable diligence.

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