Current through Register 1531,
September 27, 2024
(1)
Preparation of a Protection Plan: Within 180 days of
notice of approval of the nomination by the Director of DFW, the managing
agency, shall, with assistance from the Council and the Division's Natural
Heritage and Endangered Species Program, prepare a draft protection plan for
the nature preserve. In preparing the draft protection plan, the managing
agency may solicit and accept assistance from outside parties, including, where
appropriate, the group of ten citizens who requested the nomination. A
protection plan shall include:
(a) the
objectives and reasons for dedication;
(b) management guidelines with specific
protection or conservation actions needed or to be taken by the managing
agency, and also any activities that are exceptions to
321 CMR
11.06 and
11.07;
(c) appropriate significant scientific or
educational activities, if any;
(d)
recommendations for special regulations pertaining to the particular site to be
promulgated by the managing agency, if necessary;
(e) a detailed map of the area showing
topography and boundaries;
(f)
location of existing trails; and
(g) location, means and limitations on use of
access.
(2)
Review of the Protection Plan.
(a) The managing agency shall submit a copy
of the draft protection plan to the Director of DFW who shall forward it to the
Council which shall review it. The Council shall comment within 90 days of the
full review of the draft protection plan.
(b) The Council shall recommend to the
Director of DFW that the draft protection plan be accepted for proceeding to
the public hearing required in 321 CMR 11.05(3) or returned to the managing
agency for modification, with suggestions for improvements or
changes.
(3)
Public Hearing. Within 60 days of receiving a
recommendation for acceptance of the draft protection plan from the Council and
a copy of the draft protection plan, the Director of DFW shall hold a public
hearing so that the public and other interested parties may comment on the
nomination and draft protection plan.
(a) Not
less than 21 days before the public hearing the Director of DFW shall make
available the nomination and draft protection plan. The Director of DFW shall
send notice of the public hearing to the Council, the managing agency, and an
area newspaper at least 21 days before the hearing and shall submit to the
Secretary of EOEEA in time for publication in the Environmental Monitor
at least 21 days prior to the public hearing a notice of such hearing
and the availability of the draft protection plan.
(b) The Director of DFW shall notify the
Council and the managing agency of the results of the public hearing within 30
days and provide copies of any comments received to the Council and managing
agency for consideration in preparing the final protection plan.
(4)
Finalization of
the Protection Plan.
(a) The
Council and the managing agency shall cooperate to produce a final protection
plan within 90 days of the public hearing.
(b) The managing agency, the Council, and the
Division must all approve the final protection plan and file written acceptance
with the Director of DFW who shall notify the Council of the acceptances. If a
final protection plan is not agreed upon, the site cannot be dedicated as a
nature preserve, and the record for the site should be so annotated.
(c) In the event a final protection plan
cannot be agreed upon within 90 days of the public hearing, the nomination
shall lapse; provided, however, that at any time after one year from the
nomination's lapse, the site may be renominated by the managing agency. A
renomination shall be treated as a nomination.
(5)
Dedication.The
Council shall send the final, accepted protection plan to the Director of DFW
for inclusion in the articles of dedication. On receipt of the protection plan,
the Director of DFW shall file an article of dedication with the Secretary of
EOEEA, which shall include, but not necessarily be limited to:
(a) the name or designation of the
area;
(b) the managing agency
having jurisdiction over the area;
(c) a summary of the objectives and reasons
for dedication of the site; and
(d)
the protection plan as described in 321 CMR 11.05.
(6)
Notice. Notice
of the filing of articles of dedication of individual nature preserves shall be
published in the Environmental Monitor.
(7)
Amendments to the Protection
Plan.
(a) Issues, uses, and
changes and Non-emergency management problems affecting the Nature Preserve
that arise after the protection plan is accepted shall be brought to the
Council's attention in writing. The managing agency may amend the protection
plan with the concurrence of the Director of DFW after she or he consults with
the Nature Preserve Council, except for any changes in boundaries which shall
be done in accordance with
321 CMR
11.08. Any amendment to the protection plan
shall not contradict or be inconsistent with the intent of the protection of
the Nature Preserve System.
(b)
Emergency management problems shall be dealt with as described in
321 CMR
11.06(5)(e).
