Code of Massachusetts Regulations
980 CMR - ENERGY FACILITIES SITING COUNCIL
Title 980 CMR 9.00 - Coastal Zone Facility Site Selection, Evaluation, And Assessment
Section 9.01 - General Provisions

Universal Citation: 980 MA Code of Regs 980.9

Current through Register 1518, March 29, 2024

(1) Scope and Purpose. 980 CMR 9.00 implements the Massachusetts Coastal Zone Management Program as adopted by the Secretary of Environmental Affairs under M.G.L. c. 21A, §§ 2, 3, 4 and recognizes the Siting Council's designation as the energy facilities siting agency under the Massachusetts Coastal Zone Management Program (hereinafter CZM Program) and the coastal zone management act and regulations 16 USC, § 1454(b)(8), 1455(c)(8); 15 CFR 923.14, 923.52.

The Siting Council's authority to adopt this chapter is set forth at M.G.L. c. 164, § 69H, I, J; M.G.L. c. 30A, § I et seq.; and 980 CMR 3.00. Requirements set forth here are in addition to those set forth in 980 CMR 6.00, 7.00, 8.00, 10.00, and 11.00 and siting guidelines. In the case of conflict, 980 CMR 9.00 shall govern the final instance.

The Siting Council will review the installation of facilities subject to certification under the Federal Natural Gas Act for purposes of determining compliance with the CZM Program as set out in 980 CMR 7.07(9). Findings as to these facilities will issue from the Office of Coastal Zone Management pursuant to 16 U.S.C. § 1451 et seq.

(2) Definitions.

Area of Critical Environmental Concern means an area which has been designated by the Secretary of Environmental Affairs pursuant to M.G.L. c. 21A, § 2 and M.G.L. c. 30, § 61 et seq., or which has been accepted for designation under Section 6.46 of the regulations establishing the CZM Program by the Executive Office of Environmental Affairs (hereinafter CZM regulations) prior to the filing of the Notice of Intent or Long-Range Forecast or Supplement and which has been designated prior to approval by the Council of the Notice of Intent or Long-Range Forecast. The term area for preservation or restoration, under the coastal zone management act, 16 USC, § 1451 et seq. shall be synonymous with the term, area of critical environmental concern.

Coastally Dependent Energy Facility means

1. a facility which uses indigenous energy resources of the coastal zone;

2. a facility which serves as a transfer point between ocean and land;

3. a facility which transmits or transports energy or energy sources from a transfer point or other energy facility in the coastal zone to an inland or other coastal location;

4. a facility which stores energy or energy sources necessary for transshipment from the ocean, for surge storage, or to supply coastal energy facilities and maritime industries, as more fully specified in the CZM Program, Policy 8. A facility which does not meet one of these criteria is not coastally dependent as more fully specified in Policy 8.

Significant Resource Areameans an area within the coastal zone, as identified in the Massachusetts Coastal Zone Management Program, and includes salt ponds, salt marshes, dunes, beaches, barrier beaches, shell fish beds, estuaries, coastal embayments, anadromous fish runs, erosion areas, flood plains, public recreation beaches, historic sites and districts, developed harbors, and port areas.

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