Code of Massachusetts Regulations
980 CMR - ENERGY FACILITIES SITING COUNCIL
Title 980 CMR 9.00 - Coastal Zone Facility Site Selection, Evaluation, And Assessment
Section 9.03 - Coastal Zone Manaaement Policies
Current through Register 1531, September 27, 2024
(1) Coastal Zone Management Policies.
Pursuant to its statutory duty to act consistently with environmental protection, resource use and development policies of the Commonwealth, the Council will safeguard habitat and the maintenance of antidegradation water quality standards by being consistent with the policies and PoUcy Appendix of the CZM Program; by complying with use restrictions and prohibitions under the inland and coastal wetlands restriction program, M.G.L. c. 131, § 40A, c. 130, § 105; the scenic rivers act, M.G.L. c. 21, § 17A; the ocean sanctuaries act, M.G.L. c. 32A, §§ 13-17, 18. The Council will make affirmative findings that the characteristics of the area will not be degraded or adversely affected unless compelling countervailing considerations, in balance, warrant approval of the site.
Where the Council has approved a site within or impacting an area of critical environmental concern pursuant to M.G.L. c. 164, §§ 69H, I, J, and where new information is obtained by a regulatory agency after the initial approval of the Council, which if known at the time of initial approval would have received the special weight given to environmental impact for such areas, then such environmental impact will be given special weight in any proceeding under M.G.L. c. 164, § 69K.
(2) Consideration of National Interests. Consistent with 980 CMR 7.01(5), 7.03(2), 7.06(1), and 8.01(5) and other sections of 980 CMR 7.00 through 9.00 the Council recognizes a national interest in the development of energy resources which are necessary to meet requirements of the nation. Consequently, the Council will give adequate consideration to the national interest in energy facilities and it will not limit its deliberations to the needs of the Commonwealth alone nor restrict the siting of facilities which are necessary to meet energy requirements beyond the Commonwealth.