Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 12.00 - Adopting Coastal Wetlands Orders
Section 12.03 - Notice

Universal Citation: 310 MA Code of Regs 310.12

Current through Register 1537, December 20, 2024

Prior to adoptingany Order under M.G.L. c. 30, § 105, the Commissioner shallfirst give notice, as provided below, of a preliminary informational meeting and a public hearing.

(1) Persons To Be Given Notice. The Department shall mail notice of the meeting and the hearing to the following persons by certified mail at their last known address, at least 14 days prior to the date of the preliminary informational meeting and at least 21 days prior to the date of the public hearing:

(a) any assessed owner;

(b) any person other than an assessed owner having an interest in any coastal wetland to be affected and whose name appears on an assessor's map;

(c) any other person having a recorded interest in any coastalwetland to be affected and whose name and/or address is known to the Commissioner;

(d) any person having an unrecorded interest in any coastal wetland to be affected and whose name and/or address is known to the Commissioner;

(e) any person who has acquired, subsequent to the last annual tax levy, a fee simple interest in any coastal wetlands to be affected and whose name has been entered in the records of the assessor's office and is available to the Department at least 60 days prior to the date of the public hearing;

(f) the State Reclamation Board, the Department of Public Works, the Department of Environmental Management, the Metropolitan District Commission, the CoastalZone Management Office, other appropriate agencies of the Commonwealth, federal and local government, appropriate regional planning agencies, and to the Selectmenor Mayor, Conservation Commission, Planning Board and Assessors of the city or town in which the coastalwetlands to be affected are located.

The Commissioner shall give notice by regular mail to any person who has filed a written request to receive notice of public hearing to be held pursuant to the Act, and to any other person he may deem appropriate, at least 14 days prior to the date of the preliminary informational meeting and at least 21 days prior to the date of the public hearing.

Any of the notices required to be given pursuant to 310 CMR 12.03(1) shall be deemed to have been given upon mailing a copy of the notice. The number of days between the giving of notice and the date of the preliminary informational meeting and public hearing shall include Saturdays, Sundays and legal holidays .

(2) Publication of Notice. The Commissioner shall publish notice of the preliminary informational meeting and public hearing at least 14 days prior to the date of the preliminary informational meeting and at least 21 days prior to the date of the public hearing in a newspaper or newspapers of general circulation in the city or town in which the coastal wetlands to be affected are located, and, where appropriate, in such trade, industry or professional publications as the Commissioner may select.

(3) Posting of Notice. The Commissioner shall post notice of the preliminary informational meeting and public hearing at least 14 days prior to the date of the preliminary informational meeting and at least 21 days prior to the date of the public hearing in the city or town hall of the city or town in which coastal wetlands to be affected are located , and in any other location as determined by the Commissioner.

(4) Filing Notice With the Secretary of the Commonwealth. The Commissioner shall file notice of the public hearing with the Secretary of State at least 21 days prior to the date of the public hearing.

(5) Content of Notice. Notice, other than notice by publication, shall include, but shall not be limited to, the following information and materials:

(a) A description of the Department's statutory authority to adopt Orders, a copy of the statute, M.G.L. c. 130, § 105, and a copy of the proposed Order.

(b) A copy of an index map or portion of the proposed plan with the coastal wetland area or areas to be affected identified thereon.

(c) Notice that the Department's wetland boundary delineation services are available to persons having an interest in land to be affected by the Order.

(d) The time, place and location of the preliminary informational meeting and public hearing.

(e) The name of the Commissioner or his agent or agents designated to receive inquiries or requests prior to the public hearing.

(f) Notice that any person may submit written comments concerning the proposed Order to the Department, and/or request to speak at the hearing.

Notice published in newspapers or posted in the city or town hall or other public place pursuant to 310 CMR 12.03(15) shall include the items listed at 310 CMR 12.03(5)(c), (d), and (f), and may also contain a list of parcels within which coastal wetlands are located, and for which no assessed owner is known.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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