301 CMR 15.06 - Priority System for the Approval of Projects

(1) Funding Priorities Specified in M.G.L. c. 29, § 2IIII. Subject to the 50% split of funds provided in 301 CMR 15.03, first priority for funding shall be given to projects that are owned or operated by cities, towns and Charitable Organizations and that meet one or more of the following applicable criteria:

(a) The structure has been classified by DCR as a High Hazard or Significant Hazard Dam in poor or unsafe condition;

(b) The Coastal Flood or Wave Control structure has been rated in fair, poor or critical condition (C-F) according to the five level condition rating system in the Massachusetts Coastal Infrastructure Inventory and Assessment Project, as published by Department of Conservation and Recreation;

(c) The structure has been identified in writing by the United States Army Corps of Engineers as requiring imminent infrastructure improvement.

(2) Other Funding Priorities for Dams. Further evaluation of projects shall be based on consideration (in no particular order of preference), as applicable, of whether or the extent to which such projects:

(a) Result in improvement to public health and/or safety;

(b) Result in the protection of public property;

(c) Have design plans that recognize the potential impact of climate change and improves resilience;

(d) Are part of a water supply system;

(e) Have obtained all applicable permits required to implement the project;

(f) Will improve or expand the functions of naturally occurring systems;

(g) Will reduce or eliminate a threat to native animal, and naturally occurring plant and resident or migratory fish species habitat or movement;

(h) Have secured borrowing authorization.

(3) Other Funding Priorities for Coastal Flood or Wave Control Projects Including but not Limited to Seawalls, Jetties, Revetments, Groins, Retaining Walls and Levees. Further evaluation shall be based on consideration (in no particular order of preference), as applicable, of whether or the extent to which such projects:

(a) Have a moderate to high protection level (III-V) in accordance with The Massachusetts Coastal Infrastructure Inventory and Assessment Project; or

(b) Have annual maintenance and monitoring reports that indicate a worsening condition or a licensed structural engineer has declared such;

(c) Result in improvement to public health and/or safety;

(d) Result in the protection of public property;

(e) Have design plans that recognize the potential impact of climate change and that improve resilience;

(f) Will improve or expand the functions of naturally occurring systems;

(g) Have obtained all applicable permits required to implement the project; and

(h) Have secured borrowing authorization.

(4) Other Funding Priorities for Inland Flood Control Structures. Further evaluation of inland Levees and similar Flood Control Structures, excluding Dams, shall be based on consideration (in no particular order of preference), as applicable, of whether or the extent to which such projects:

(a) Result in improvement in public health and/or safety;

(b) Result in the protection of public property;

(c) Have design plans that recognize the potential impact of climate change and that improve resilience;

(d) Will improve or expand the functions of naturally occurring systems;

(e) Have obtained all permits required to implement the project; and

(f) Have secured borrowing authorization.

(5) The Secretary may waive any of the evaluation criteria in 310 CMR 15.06 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

301 CMR 15.06

Amended by Mass Register Issue 1325, eff. 11/4/2016.