Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 11.00 - Nature Preserves
Section 11.08 - Amendments to the Boundaries in the Articles of Dedication

Universal Citation: 321 MA Code of Regs 321.11

Current through Register 1531, September 27, 2024

(1) Process. Any proposed amendment to the boundaries specified in the Articles of Dedication must be reviewed by and accepted by the Division and the managing agency.

(a) Any proposal to change the boundary of a nature preserve shall be in writing from the managing agency to the Director of DFW and contain an explanation of the reason for the proposed boundary change, and a general description of the land and vegetation proposed for exclusion or inclusion in the nature preserve.

(b) Public notice of the proposal shall be published in the Environmental Monitor and an area newspaper and written comment accepted on the proposal. The Council shall review the proposal at the next regularly scheduled meeting after the close of the public comment period on the proposal. The Council shall submit its recommendation and a summary of any written public comment received on the proposal to the Director of DFW for decision.

(2) Review. The Director of DFW shall review the recommendation of the Council and the request of the managing agency and take one of the following actions on the proposal:

(a) The Director of DFW may accept the proposed boundary change upon a finding that the boundary change conforms with the purposes of the articles of dedication of the nature preserve and M.G.L.c. 131 §§ 10A through D. When the purposes of M.G.L.c. 131, §§ 10A through D or the purposes of the original dedication will be substantially contravened by a boundary change, the Director of DFW must find in writing that the change serves a clear and unavoidable necessity and that no prudent alternative exists.

(b) The Director of DFW may deny the proposed boundary change upon the finding that it does not serve to protect the nature preserve or further its dedication objective or prudent alternatives exist.

(3) Result. The Director of DFW shall publish a summary of his finding to amend boundaries specified in the Articles of Dedication in the Environmental Monitor and such amendment shall not be final until 30 days following publication in the Environmental Monitor.

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.