950 CMR, § 71.02 - Scope, Purpose and Participants

(1) Scope and Purpose. The purpose of M.G.L. c. 9, §§ 26 through 27C is to eliminate, minimize, or mitigate adverse effects to properties listed in the State Register of Historic Places. 950 CMR 71.00 establishes a standardized procedure to protect the public's interest in preserving historic and archaeological properties by directing state bodies to notify the MHC as early as possible in the planning process of any project either undertaken by the state body or prior to the state body's funding or licensing, in whole or in part, a private project. The MHC will determine whether the project will have any adverse effect, direct or indirect, on any property listed in the State Register of Historic Places. The MHC must make a determination of effect within 30 days of receipt of notification. If the MHC determines that a project will have an adverse effect on a State Register property, then the MHC, the state body, and the private project proponent will immediately consult to discuss ways to eliminate, minimize, or mitigate the adverse effects. The state body or the private project proponent undertaking the project must adopt all prudent and feasible means to eliminate, minimize, or mitigate adverse effects. 950 CMR 71.02 detail the process for compliance with M.G.L. c. 9, §§ 26 through 27C by establishing a forum for the resolution of disputes arising between proposed developments and historic properties; the emphasis of the process is on interested parties negotiating an agreement after a thorough and good faith examination of alternatives. State law does not give the MHC veto authority over proposed developments, but does direct state bodies to adopt all prudent and feasible means to avoid damaging historic properties. The MHC's role is to provide information, technical assistance, and a forum to assist project proponents in developing projects that consider historic values and preserve the Commonwealth's historic heritage.

(2) Participants

(a) Consulting Parties. Consulting parties are the primary participants in the consultation process, whose responsibilities are defined by 950 CMR 71.02. Consulting parties have the principal responsibilities in the consultation process and are parties to any agreement resulting from the consultation process. Consulting parties may include:

1. Project proponent as defined in 950 CMR 71.03

2. State body as defined in 950 CMR 71.03

3. MHC as defined in 950 CMR 71.03

(b) Local Historical Commissions and Local Historic District Commissions. Local historical commissions and local historic district commissions are encouraged to take an active role in the consultation process. Local historical and historic district commissions shall be invited to participate in the consultation process for any projects which might have an effect upon State Register properties located within the town or local historic district. The MHC may invite local historical and historic district commissions to become a party to certain agreements resulting from the consultation process.

(c) Interested Parties. Interested parties are those organizations and individuals that are concerned with the effects of a project on State Register properties and are encouraged to participate in consultation. Whenever the state body, project proponent and the MHC agree that active participation of an interested party will advance the objectives of the consultation process, they may invite that party to become a consulting party.

(d) The Public. The MHC values the views of the public and encourages public participation in the consultation process. Notice to the public under 950 CMR 71.00 should adequately inform the public of preservation issues in order to elicit informed public views on issues that can be considered and resolved, when possible, in the decision making process.

Notes

950 CMR, § 71.02