301 CMR, § 10.02

Current through Register 1533, October 25, 2024
Section 10.02 - Definitions

Concurrence. A majority vote in support of the Petition as presented by the Municipal Official.

Densely Developed Area. An area that has been so designated by the Secretary in accordance with 301 CMR 10.00.

EOEEA. The Executive Office of Energy and Environmental Affairs.

Environmental Monitor. The publication of the Secretary pursuant to the Massachusetts Environmental Policy Act as further described in 301 CMR 11.00: MEPA Regulations.

Impervious Surface. A manmade surface that does not allow infiltration of water into the underlying soil. A building footprint is an impervious surface. Railroad lines are not impervious surfaces. Impervious surfaces that have breached over time, such as cracked asphalt, but still affect infiltration, are considered impervious surfaces.

Issuing Authority. The conservation commission, the mayor or the selectmen, whichever is responsible for local implementation of the Wetlands Protection Act, M.G.L. c. 131, § 40.

Legislative Body. A town meeting, town council, city council, or other similar body as provided in a city's or town's charter.

Mean Annual High-water Line. The line along a river apparent from visible markings or changes in the character of soils and vegetation due to the prolonged presence of water which distinguishes between predominantly aquatic and terrestrial land. For purposes of 301 CMR 10.00, mean annual high-water line shall have the same meaning as defined in 310 CMR 10.58: Riverfront Area.

Municipal Official. 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.

Person. Any individual, partnership, trust, firm, corporation, association, commission, district, department, board, municipality, public or quasi-public agency or authority.

Petition. An application to the Secretary for the designation of a Densely Developed Area.

Proposed Area. The area of land proposed for designation as densely developed in the Petition of the Municipal Official.

River. Any naturally flowing body of water that empties to any ocean, lake, pond or other river which flows throughout the year. Rivers include perennial streams but not intermittent streams as defined in 310 CMR 10.58: Riverfront Area. For purposes of 301 CMR 10.00, river shall have the same meaning as defined in 310 CMR 10.58.

Riverfront Area. The area of land between a river's mean annual high-water line measured horizontally outward from the river and a parallel line located 200 feet away, except:

(a) for new agricultural or aquacultural activities, the parallel line shall be located 100 feet away; and

(b) in densely developed areas the parallel line shall be located 25 feet away.

For purposes of 301 CMR 10.00, riverfront area shall have the same meaning as defined in 310 CMR 10.58: Riverfront Area.

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

301 CMR, § 10.02

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