301 CMR 23.02 - Definitions

Approved MHP means an MHP approved by the Secretary in accordance with 301 CMR 23.00.

CZM means the Office of Coastal Zone Management established within the Executive Office of Energy and Environmental Affairs pursuant to M.G.L. c. 21A, § 4A.

CZM Policies means the policies set forth in 301 CMR 20.00: Coastal Zone Management Program.

CZM Program means the Massachusetts Coastal Zone Management Program established pursuant to M.G.L. c. 21A and codified in 301 CMR 20.00: Coastal Zone Management Program.

DCR means the Department of Conservation and Recreation.

DEP means the Department of Environmental Protection.

Designated Port Area (DPA) means an area of contiguous lands and waters in the coastal zone that has been so designated in accordance with 301 CMR 25.00: Designation of Port Areas. Copies of official DPA maps and any superseding revisions are available from CZM.

Director means the Director of CZM as provided in M.G.L. c. 21A, § 4A.

DPA Master Plan means the component of an MHP pertaining to lands and waters of a DPA within the municipality. The DPA may be segmented for purposes of phasing the development of a Master Plan over time.

Environmental Monitor means the publication published by the Secretary and further described in 301 CMR 11.15: Public Notice and the Environmental Monitor.

Harbor Planning Area means the segment of a coastal or other waterway for which an MHP is developed. The Harbor Planning Area should include all areas that are relevant to the functional use and management of the harbor or other waterway segment in question. Functional use refers to those activities that have the potential to promote or impair water-dependent activity or public use or enjoyment of waterways or shorelands. The landward boundary of any Harbor Planning Area subject to 301 CMR 23.00 shall encompass all filled tidelands subject to the jurisdiction of DEP pursuant to 310 CMR 9.04: Geographic Areas Subject to Jurisdiction. The Harbor Planning Area may be segmented for purposes of phasing the development of an MHP over a period of time.

Harbor Planning Group means a group designated by the municipal official for purposes of developing or overseeing development of an MHP. The group should include individuals knowledgeable of the planning area in question, and must include a representative of the planning board.

MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H, and 301 CMR 11.00: MEPA Regulations.

Municipal Harbor Plan (MHP) means a document (in words, maps, illustrations, and other media of communication) or amendment thereto, submitted in accordance with 301 CMR 23.04, setting forth:

(a) a community's general goals and objectives for a Harbor Planning Area, and a corresponding expression of the applied policies that have been established to guide development and other human activity in various sub-areas, in terms of its desired sequence, patterns, limits, and other characteristics;

(b) an implementation program that specifies the legal and institutional arrangements, financial strategies, and other measures that will govern public and private utilization of harbor waters and lands, in accordance with the applied policies the community has established for each sub-area;

(c) the date on which the municipality proposes to submit the MHP for renewal in accordance with 301 CMR 23.06(2);

(d) a planning analysis that synthesizes the technical data, community input, and other information that served as the basis for evaluating tradeoffs among alternatives and choosing preferred courses of action;

(e) a review of the public participation process that contributed to the formulation of the substantive elements of the MHP as described in 301 CMR 23.02: Municipal Harbor Plan (MHP)(a) through (d); and

(f) other elements as may be deemed appropriate by the Secretary to serve the purposes of 301 CMR 23.00.

Municipality means any city or town of the Commonwealth of Massachusetts.

Municipal Official means the mayor of a city, the board of selectmen of a town, or the council of a municipality having a manager-council form of government.

Notice to Proceed means a written statement issued in accordance with the provisions of 301 CMR 23.03.

Person means any individual, corporation, partnership, trust, association, or other business or non-profit organization, or any state, federal, municipal, or regional governmental, intergovernmental or other entity.

Planning Representative means the person(s) designated by the municipal official to represent the municipality in all proceedings under 301 CMR 23.00.

Regional Planning Agency means one of the six coastal regional planning organizations established pursuant to statewide enabling legislation that help communities plan and implement short- and long-range improvements for transportation, economic development, environmental, land use, and community development needs.

Secretary means the Secretary of the Executive Office of Energy and Environmental Affairs.

State Agency means a public agency of the Commonwealth.

State Project means any work, action, conduct, alteration, change of use, or other activity that is the subject of a license or permit application submitted to DEP, in accordance with the Waterways Regulations, by a state agency for the provision of facilities or services directly to the public (or to another public agency for such provision to the public) by the state agency or its contractor or agent.

Supporting DPA Use means a use so defined in accordance with 310 CMR 9.02: Definitions.

Temporary Use means a use so defined in accordance with 310 CMR 9.02: Definitions.

Tidelands means present and former submerged lands and tidal flats lying between the present or historic high water mark, whichever is farther landward, and the seaward limit of state jurisdiction. Tidelands include both flowed and filled tidelands as defined in 310 CMR 9.02: Definitions.

Waterway means any area of water and associated submerged land or tidal flat lying below the high water mark of any navigable river or stream, any Great Pond, or any portion of the Atlantic Ocean within the Commonwealth, which is subject to 310 CMR 9.04: Geographic Areas Subject to Jurisdiction.

Waterways Regulations means the regulations established by DEP under M.G.L. c. 91, at 310 CMR 9.00: Waterways.


301 CMR 23.02
Amended by Mass Register Issue 1334, eff. 3/10/2017.

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