Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 10.00 - Massachusetts Endangered Species Act
Part IV - Alteration of Significant Habitat
Section 10.61 - Activities Within Significant Habitat

Universal Citation: 321 CMR 10.00 MA Code of Regs 10.61

Current through Register 1531, September 27, 2024

(1) General Rule. Except as otherwise provided, no person may undertake any activity that constitutes an alteration of a Significant Habitat without a written Alteration Permit issued by the Director.

(2) Activities Which Require an Alteration Permit. An activity requires an Alteration Permit before commencing if the activity:

(a) will occur within a Significant Habitat;

(b) is not exempted by 321 CMR 10.62; and

(c) is an alteration of Significant Habitat, as determined by:
1. the categorical list of alterations under 321 CMR 10.63(1);

2. the list of alterations specified in 321 CMR 10.99; or

3. the Director under 321 CMR 10.64.

(3) Activities That Do Not Require an Alteration Permit. An activity does not require an Alteration Permit before commencing if the activity:

(a) will not occur within a Significant Habitat;

(b) is exempted under 321 CMR 10.62; or

(c) is not an alteration of Significant Habitat, as determined by:
1. the categorical list of non-alterations under 321 CMR 10.63(2);

2. the list, if any, of non-alterations specified in the Significant Habitat designation regulation ( 321 CMR 10.99, Part III); or

3. the Director under 321 CMR 10.64.

(4) Determining Whether an Activity Will Occur in a Significant Habitat.

(a) A person may determine whether an activity will occur in a Significant Habitat by consulting the descriptions of Significant Habitats at 321 CMR 10.99, which shall be considered the authoritative description of the boundaries of said Significant Habitat. Maps showing the approximate location of Significant Habitats shall be available for inspection at the NHESP and shall have been mailed, pursuant to 321 CMR 10.36, to zoning boards of appeals, planning boards, conservation commissions, municipal departments of public works, and the boards of selectmen or mayors and city councils, in those communities where such habitats occur, and appropriate regional permit granting commissions.

(b) An owner of land or interest in land adjacent to or potentially within Significant Habitat may request the Director to make a determination whether an activity will occur in a Significant Habitat. The Director may also, on her own initiative, make such a determination.

(5) Preliminary Notice of Activities. Any person filing a petition, request, or application to a board of health, building inspector, zoning board, planning board, or conservation commission for any kind or type of permit, order, variance, ruling or approval regarding a proposed activity within a Significant Habitat shall send notice in writing to the Director within 21 days of such filing; provided that a filing with the NHESP pursuant to rare species provisions of the Wetlands Protection Act regulations ( 310 CMR 10.37 or 10.59 ) shall constitute compliance with this provision.

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