301 CMR 23.08 - Miscellaneous Administrative Procedures

(1) Administration and Delegation. The CZM Program shall administer 301 CMR 23.00 under the direction of the Director. The Secretary may delegate to the Director the authority to issue any written decision or other written statement pursuant to 301 CMR 23.00, exclusive of 301 CMR 23.07. Any such statement signed by the Director shall be deemed the valid and duly authorized statement of the Secretary.

(2) Consultation with DEP . If DEP files written notice with the Secretary during any public comment period, it shall be provided the opportunity to participate in any consultation session with the municipality and to co-chair the public hearing. DEP may also provide a written recommendation to the Secretary concerning the consistency of a proposed MHP with state tidelands policy objectives and associated regulatory principles, as provided in 301 CMR 23.05(2), which shall be evaluated in accordance with the following procedures:

(a) if CZM concurs with the recommendation of DEP, such recommendation shall be included in the written decision on the proposed MHP; and

(b) if CZM disagrees with the recommendation of DEP and such disagreement cannot be resolved through routine consultation, the assistance and direction of the Secretary shall be sought in accordance with the provisions of M.G.L. c. 21A, § 4, governing mediation of administrative and jurisdictional conflicts within EEA; if the disagreement is not eliminated through such mediation, the Secretary shall include in the written decision on the proposed MHP an explanation of the specific basis for the final determination on consistency with state tidelands policy objectives and associated regulatory principles.

(3) Saturday, Sunday, or Legal Holiday. When the last day for a Secretarial action falls on a Saturday, Sunday, or legal holiday, the Secretary may act on the next succeeding business day. When the last day of the receipt of comments or receipt of documents for publication in the Environmental Monitor falls on a Saturday, Sunday, or legal holiday, the Secretary shall accept such comments or documents until 5:00 P.M. on the next succeeding business day.

(4) Distribution of Documents.

(a) On or before the date on which any notice of request for a Notice to Proceed, proposed MHP, or other submission under 301 CMR 23.00 is published in the Environmental Monitor, the municipality shall send a copy of such document(s) to the following:

1. Director, DEP, Division of Wetlands and Waterways Program (two copies);

2. DEP, Regional Director; for the region appropriate to the proposed planning program;

3. Commissioner, Department of Fish and Game;

4. Commissioner, DCR;

5. Maritime Director, Massachusetts Port Authority, as applicable;

6. Regional planning agencies or land use commissions, as applicable; and

7. any other state agency, person, or organization designated by the Secretary or CZM in the Notice to Proceed or other written statement.

(b) Upon request, the municipality shall send a copy of any request for Notice to Proceed, proposed MHP, or other submission under 301 CMR 23.00 to any other state agency, including but not limited to:

1. Massachusetts Historical Commission;

2. Division of Capital Asset Management;

3. Department of Agricultural Resources, if any portion of the Harbor Planning Area has been used for agricultural purposes in the last five years;

4. the following state agencies responsible for the development or regulation of infrastructure facilities within the Harbor Planning Area, as applicable;

a. Massachusetts Water Resources Authority;

b. Department of Transportation;

c. Massachusetts Bay Transportation Authority;

d. Department of Public Utilities;

e. Energy Facilities Siting Board; and

f. any other state agency that may either permit or fund activities in the Harbor Planning Area.

(c) The municipality shall make copies of any request for a Notice to Proceed, proposed MHP, or other submission under 301 CMR 23.00 available to the public at the municipal library, city or town hall, and office of the harbormaster and harbor commission, if any. Copies of such documents shall also be made available to individuals, upon request and for a fee not to exceed the cost of printing and mailing. The municipality shall maintain a list of the names and addresses of all persons to whom documents are provided, indicating the dates on which the request was received and the documents sent.

(d) Undue delay in meeting the above distribution requirements may be cause for extension of any relevant public comment period by the Secretary.

Notes

301 CMR 23.08

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