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 10.64 - Director's Determination Whether an Activity Will Alter Significant Habitat

Universal Citation: 321 CMR 10.00 MA Code of Regs 10.64

Current through Register 1531, September 27, 2024

(1) Any activity proposed in a Significant Habitat that is not exempted by 321 CMR 10.62, is neither a categorical alteration ( 321 CMR 10.63(1) ) nor a categorical non-alteration ( 321 CMR 10.63(2) ) and is not specified as an alteration in the regulation designating the Significant Habitat, must be reviewed by the Director prior to commencing in order to determine whether the activity is an alteration of Significant Habitat requiring an Alteration Permit.

(2) Requests for such a determination shall be submitted to the Director on an Activity Description Form. Activity Description Forms are available from the Division and shall request the following information:

(a) project/activity name and address;

(b) proponent's name and address;

(c) landowner's name and address;

(d) exact location(s) of each activity within the Significant Habitat;

(e) description of each activity;

(f) type of each activity;

(g) commencement and completion dates;

(h) signature of proponent and date; and

(i) signature of landowner and date.

(3) The Director shall respond in writing to such requests within 30 days of receipt of all information required on the form. Failure of the Director to respond within 30 days shall be equivalent to a determination that the proposed activity is not an alteration requiring a permit.

(4) The Director shall determine that an activity is an alteration requiring an Alteration Permit if the activity will detrimentally affect the capacity of the habitat to support a population of Endangered or Threatened species.

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