301 CMR, § 13.03

Current through Register 1531, September 27, 2024
Section 13.03 - Procedures
(1) Projects undergoing mandatory public benefit review shall follow these procedures:
(a) The proponent shall include in the environmental notification form or the environmental impact report (at the proponent's election) detailed information describing the nature of the tidelands affected by the project and the public benefit of the project, including the purpose and effect of the project, the impact on abutters and the surrounding community, enhancement to the property, benefits to the public trust rights in tidelands or other associated rights, including but not limited to, benefits provided through previously obtained municipal permits, community activities on the site, environmental protection and preservation, public health and safety, and the general welfare. For projects in landlocked tidelands, this information may be combined with the information required under 301 CMR 11,05(4)(b) and 301 CMR 11.07(6)(g)10.
(b) The public shall have the opportunity during the MEPA public comment period(s) to comment on whether the project provides a public benefit, and the proponent shall have the opportunity to submit additional information during the MEPA process.
(c) For projects in landlocked tidelands, the Secretary shall make a public benefit determination within 30 days after the issuance of the certificate concluding the MEPA process or the issuance of any waiver pursuant to 301 CMR 11.11.
(d) For projects requiring a chapter 91 license, the Secretary shall make a public benefit determination within 30 days after the issuance of a certificate concluding the MEPA process or the issuance of any waiver pursuant to 301 CMR 11.11.
(2)Discretionary Public Review. Should the Secretary require a public benefit determination for projects pursuant to 310 CMR 13.02(2), the Secretary shall so state in the certificate on the environmental notification form. The certificate shall request specific information from the proponent regarding the project's public benefit. When such specific information is submitted, the Secretary shall publish a notice of the filing of such information in the environmental monitor and receive comments for 30 days from publication. The Secretary shall make a public benefit determination within 30 days after the close of public comment.

301 CMR, § 13.03