Current through Register 1531, September 27,
2024
(1)
Qualifications. Any lands, waters, shores, or
interests therein owned by the Commonwealth and under the control of an agency
of EOEEA (DFW or DCR), whether or not in a natural condition, which contain
rare, exemplary, or other significant natural or biological communities or
which contain significant features of native biodiversity are eligible for
consideration as a nature preserve.
(2)
Nomination.
Nominations for potential nature preserves shall be submitted by a managing
agency to the Director of DFW to be forwarded to the Council.
(3)
Citizen
Petition. Any ten citizens of Massachusetts may submit a request
to the director of a managing agency that he or she nominate particular lands
under the agency's jurisdiction as a nature preserve. The group of citizens
shall notify the Nature Preserve Council of such a request in writing. The
director of the managing agency may decline to proceed with a nomination, and
should notify the group of citizens and the Nature Preserve Council of that
decision. If the agency decides to proceed with the nomination, the agency may
request that the group of citizens complete the nomination forms and aid in
drafting the protection plan, with participation of the managing agency and as
specified in
321 CMR
11.05.
(4)
Considerations in
Nomination. An area considered for nomination should include, but
not be limited to, the following features:
(a) the land necessary to encompass viable
natural or biological communities or other features of native biodiversity as
defined under 321 CMR 11.04(1); and
(b) appropriate buffer lands necessary to
protect the core area and allow the preserve to function as a management
unit.
(5)
Nomination Form and Submittal Requirements.
Nominations shall be submitted on a form to be obtained from the Division and
the information provided shall include, but not be limited to:
(a) identification of the ownership and
acreage of the area;
(b) a map of
the proposed area, showing proposed boundaries with included buffer areas
delineated, general types of natural or biological communities, and other areas
of natural significance;
(c) a
detailed justification of the nomination, describing the need and purpose for
nature preserve dedication;
(d) a
descriptive listing of the natural and biological communities present and their
quality;
(e) a discussion of the
extent and nature of disturbances to the natural condition of the proposed
area; and
(f) such other
information as shall be requested by the Council.
(6)
Review of
Nominations.
(a) The Council
shall on behalf of the Director of DFW acknowledge receipt of nominations and
conduct an initial review thereof at the next scheduled meeting of the Council
after receipt of such nominations, provided that such nominations have been
received at least seven days prior to the meeting. Nominations received less
than seven days before a meeting shall be considered at the next
meeting;
(b) The Council shall
request such additional information from the managing agency as deemed
necessary and nominations may receive additional review at subsequent
meetings;
(c) The Council shall
make recommendations to the Director of DFW and the managing agency in writing
whether to reject or approve the nomination. The Council's recommendations
about accepting or rejecting nominations shall be based on whether a site meets
the criteria established in M.G.L. c. 131, §§ 10A through D and 321 CMR 11.00.
The managing agency shall be sent a copy of the Council's recommendation to the
Director of DFW. Recommendation shall be made within 90 days of the meeting in
which review of full documentation occurred;
(d) The Director of DFW shall decide within
30 days of receiving the Council's recommendation whether to accept or reject
the nomination. The Council and managing agency shall be notified in writing of
the decision of the Director of DFW;
(e) The Council shall maintain records of all
nominations, with dates of actions and deliberations on them, and their
disposition.
