(1)
Criteria: A nature preserve established under M.G.L.
c. 131, § 10A shall be considered for release only if the managing agency
determines that the site no longer supports the natural community or species
that the nature preserve was established to protect and is unlikely to recover
and the site no longer represents significant habitats and ecosystems of the
Commonwealth;
(2) The managing
agency may request, in writing, the release from nature preserve status of a
nature preserve that meets the criteria in 321 CMR 11.09(1). The Division
shall, in consultation with other managing agencies which have control of said
parcels, consider adverse impacts of release on biological communities and
species in the Nature Preserve and recovery potential, as well as the public
interest in the conservation and preservation of such nature preserve and any
federal, state or local program in furtherance thereof, and state, regional or
local comprehensive land use or development plan affecting said parcel and any
proposal by a governmental body for the use of said parcel.
(a) The Council shall, on behalf of the
Director of DFW, acknowledge receipt of request for release and conduct an
initial review thereof at the next scheduled meeting of the Council after
receipt of such request.
(b) The
Council shall ask for such additional information from the managing agency as
deemed necessary. Any requests for release for which additional information has
been requested may receive further review at subsequent meetings.
(c) Within 60 days of receiving a request for
release from the managing agency or of receiving additional information that
may have been requested, the Director of DFW shall hold a public hearing so
that the public and other interested parties may comment on the request for
release.
1. The Director of DFW shall send
notice of the public hearing to the Council, the managing agency, and an area
newspaper at least three weeks before the hearing. The Director shall submit a
notice of the hearing to the Secretary of EOEEA in time for publication in the
Environmental Monitor at least 21 days before the
hearing.
2. 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 for consideration in their recommendation on the request for
release.
(d) The Council
shall make recommendations to the Director of DFW in writing whether to reject
or approve the request for release no later than 90 days following the receipt
of the results of the public hearing. The Council's recommendations about
accepting or rejecting requests for release shall be based on whether a site no
longer 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.
(e) The Director of DFW shall decide within
30 days of receiving the Council's recommendation whether to accept or reject
the request for release. The Council, managing agency, and Secretary of EOEEA
shall be notified in writing of the decision of the Director of DFW.
(f) In the case of DFW lands, the decision of
the Director shall be final. In the case of other lands, an appeal to the
Secretary of EOEEA, or his or her designee, can be made if there is
disagreement about release. Upon opinion of the Secretary, the Director of DFW
shall implement the decision.
