Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 3.00 - SCENIC AND RECREATIONAL RIVERS ORDERS
Section 3.06 - Public Hearing
Current through Register 1531, September 27, 2024
Prior to adopting any Order under M.G.L. c. 21A, § 11C, and subsequent to the preliminary informational meeting, the Commissioner shall hold a public hearing in a city or town in which the scenic river corridor is to be located.
(1) Notice of the Public Hearing. The Department shall give notice at least 21 days prior to the date of the public hearing by:
(2) Content of Public Hearing Notice. Notice other than notice published in newspaper given under 302 CMR 3.06 shall include, but not be limited to, the following information and materials:
Notice published in newspaper or posted in city or town halls pursuant to 302 CMR 3.06 shall include items 302 CMR 3.06(2)(c), 3.06(2)(d) and 3.06(2)(f) and may also contain a list of parcels on which the river corridor is to be located, for which no assessed owner is known.
(3) Conduct of the Public Hearing. The Commissioner or his or her agent designated as Presiding Officer shall conduct the public hearing. Copies of all information and materials required to be available at the preliminary informational meeting held pursuant to 302 CMR 3.05 and required by 302 CMR 3.06 shall be available for inspection and/or distribution at the public hearing.
The Presiding Officer shall convene the public hearing. He or she shall first state the statutory authority under which the program operates and shall explain the purpose of the program, the effect of the proposed Order, and the Department's mapping, designating and recording procedures. The Presiding Officer shall inform persons having an interest in lands within the river corridor of their right to request an on-site inspection and other procedures pursuant to 302 CMR 3.07 and shall explain the procedures set out in 302 CMR 3.07.
The Presiding Officer shall specify the order of participation. Representatives of the Department shall speak first, followed by elected officials. Persons or groups representing agencies of the Commonwealth, federal agencies, or local government and who have requested permission to speak shall proceed next, followed by those persons who have submitted requests to comment pursuant to 302 CMR 3.06(1), and whose names have been listed by the Presiding Officer on the hearing agenda. Other persons who wish to speak may then proceed at the discretion of the Presiding Officer. The Presiding Officer shall have the right to limit the length of time of each presentation.
The Presiding Officer may entertain questions from the audience. The Presiding Officer shall have the authority to adjourn the public hearing and to continue the hearing to another date.
A record of the public hearing shall be compiled by having the proceedings either recorded by a stenographer or on tape.