Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 10.00 - Massachusetts Endangered Species Act
Part III - Designation of Significant Habitat
Section 10.32 - Notice and Public Hearing

Universal Citation: 321 CMR 10.00 MA Code of Regs 10.32

Current through Register 1531, September 27, 2024

(1) Notice of Public Hearing. Before designating an area as Significant Habitat, the Director shall first give notice, as provided in 321 CMR 10.32, of a public hearing. Not less than 30 days prior to the public hearing, notice shall be sent:

(a) by certified mail to record owners of lands or interests in lands containing habitat proposed to be designated;

(b) by first class mail to boards of selectmen, town managers, city councils, or mayors; regional permit granting agencies; zoning boards; planning boards; and conservation commissions of towns or cities in which the habitat is located; and

(c) at the Director's discretion, to other interested citizens, agencies, and organizations.

The Director shall give notice by mail to any person who has filed a written request to receive the notice of said public hearing to be held under 321 CMR 10.00 at least 14 days prior to the date of the public hearing. Any of the notices required to be given pursuant to 321 CMR 10.00 shall be deemed to have been given upon mailing a copy of the notice.

(2) Publication of Notice. The Director shall submit the notice to the Secretary of EOEA in time for publication in the Environmental Monitor at least 21 days prior to the public hearing. The Director shall also publish notice of the public hearing at least 21 days prior to the date of the public hearing in a newspaper of general circulation in the vicinity of the proposed area and in such appropriate trade, industry, informational, or professional publications as she may choose.

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

(4) Special Notice to Landowners. Notice to landowners shall include: a citation of authority under which the designation would occur; a general description of the area proposed for designation, copies of pertinent sections of M.G.L. c. 131A and 321 CMR 10.30; a summary of the reasons for such designation; a map of the approximate area to be designated; the time and place of the public hearing, and the method by which persons may make their views known.

(5) Public Hearing. The Director and the Fisheries and Wildlife Board shall hold a public hearing prior to designating an area as Significant Habitat. The hearing must be held within 25 miles of the area proposed for designation or at the nearest location where a suitable facility exists. The chairman of the Fisheries and Wildlife Board or her designee shall conduct the public hearing. A summary of the reasons for the designation and a map of the approximate area to be designated shall be made available to the public not less than 21 days prior to the date of the public hearing.

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