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 10.63 - Categorical Alterations and Non alterations

Universal Citation: 321 CMR 10.00 MA Code of Regs 10.63

Current through Register 1531, September 27, 2024

(1) Alterations of Significant Habitat. The following categories of activities shall always be considered alterations:

(a) construction, reconstruction, or expansion of buildings, structures, roads, driveways, parking areas, towers, sub surface sewage disposal systems, stormwater management systems, golf courses, reservoirs and dams, ponds however created, utility transmission lines, pipelines, lawns, irrigation systems, or landscaped areas;

(b) clearing, paving, grading, or excavation of land;

(c) mining, including the excavation of sand and gravel;

(d) any activity subject to the jurisdiction of the Wetlands Protection Act (M.G.L. c. 131, § 40) and the regulations promulgated thereunder;

(e) discharge, storage, or disposal of solid waste, rubbish, stormwater, waste water, toxic or hazardous substances, petroleum based products, dredged materials, or fill;

(f) the pumping or diversion of surface or ground water for any purpose other than for an individual household;

(g) application of pesticides, herbicides, or other biocides; and

(h) forestry activities that are not exempt under 321 CMR 10.62(2).

(2) Non alterations of Significant Habitat. Unless a Significant Habitat designation regulation indicates to the contrary, the following categories of activities shall not constitute alterations of Significant Habitat:

(a) maintenance, use, or vertical expansion of existing buildings and structures;

(b) maintenance and use of existing improved roads, driveways, and parking areas, but not including changes in storm water drainage;

(c) maintenance and use of existing lawns and landscaped areas, but not including the application of pesticides, herbicides or other biocides or the installation of underground irrigation systems, and

(d) performance of land surveying activities by a registered land surveyor.

For the purposes of 321 CMR 10.63(2), "existing" shall mean in existence prior to the issuance of notice of public hearing of proposed Significant Habitat designation pursuant to 321 CMR 10.32(1)(a).

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.