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.
Notes
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