301 CMR 15.04 - Applicant and Project Eligibility
(1) Applicants for Grants and Loans from the Fund must demonstrate an overall benefit to the general public as a result of completion of the proposed project. Any private benefit must be incidental to the public good.
(2) Applicants must demonstrate that they have a clear and sufficient property interest in the land and structure that is subject to the grant or loan, and authority to allow third parties access all properties where the proposed work will be performed.
(3) Eligibility to receive a Grant from the Fund is limited to Local Governmental Bodies and Charitable Organizations only.
(4) Eligibility to receive a Loan from the Fund is limited to Local Governmental Bodies, Charitable Organizations, and private dam owners.
(5) A Loan applicant must demonstrate to the satisfaction of EEA that it has the financial capability to repay the requested Loan.
(6) Conditions for receiving a Loan for Dam projects shall include a demonstration by the Applicant that it has a continuing commitment to the proper maintenance and inspection of the Dam, if applicable.
(7) Conditions for receiving a Loan for Coastal Flood or Wave Control Projects shall include a demonstration by the applicant of the following:
(a) The structure has been designated to be in critical or poor condition according to the five level condition rating system published in the Massachusetts Inventory and Assessment Project, as published by Massachusetts Department of Conservation and Recreation;
(b) The proposed design of the project meets all regulatory and safety requirements of the Commonwealth of Massachusetts and improves public health and/or safety; and
(c) The owner of the structure has established a maintenance and monitoring inspection program for similarly owned coastal protection structures, including, but not limited to Seawalls, Revetments, bulkheads, beach and dunes.
(8) Conditions for receiving a Loan for inland Flood Control Structures other than Dams shall include a demonstration by the Applicant of the following:
(a) The structure has been determined by the United States Army Corps of Engineers to require imminent infrastructure improvement;
(b) Completion of the project improves public health and/or safety; and
(c) The Applicant has established a maintenance and inspection program.
(9) The Secretary may waive any of the eligibility criteria in 301 CMR 15.04 that are not otherwise specifically required by M.G.L. c. 29, § 2IIII if necessary to further the public interest, as intended by M.G.L. c. 29, § 2IIII.
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