Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 23.00 - Renovation Of Abandoned Cranberry Bogs
Section 23.03 - Eligible Abandoned Cranberry Bogs

(1) Are on property in agricultural use as of August 7, 1996 and until the time of application. The abandoned bog must be located on a lot where the land is in agricultural use or on certain adjacent land (either directly adjacent or across a right of way) owned by the applicant on August 7, 1996, or in which the applicant has an ownership interest. Such property adjacent to land in agricultural use shall be eligible only if such adjacent property consists of abandoned cranberry bogs and has not been developed for other purposes but would otherwise be ineligible solely because it is not in agricultural use.

(2) Were abandoned on or after January 1, 1959;

(3) Are not located within a Zone II or within the watershed of a surface public water supply designated in 314 CMR 4.00, to protect the public water supply interest of St. 1996, c. 258;

(4) Are not located within an Area of Critical Environmental Concern;

(5) Do not contain a navigable stream as defined by M.G.L. c. 91; and

(6) Do not exceed five acres within any three year period on land in common ownership (i.e., for the total acreage of land owned by the applicant or in which the applicant has an ownership interest). The acreage of renovation includes all areas of abandoned cranberry bogs altered by renovation and construction activities. An applicant may apply for renovation of up to five acres of additional eligible bogs in each subsequent three year period.