Section 12.08 - Criteria for DesignationThe Secretary shall consider the following factors in making the finding required by 301 CMR 12.09. These factors need not be weighed equally, nor must all these factors be present for an area to be designated. While the more factors an area contains the more likely its designation, the strong presence of even a single factor may be sufficient for designation:
(1)Threat to the Public Health through Inappropriate Use. Future development of the area may threaten the public health, safety, or welfare because of the potential for pollution of the water supply, pollutants introduced indirectly through the food chain, increased runoff volumes and decreased groundwater recharge, landform alterations which adversely affect land stability or natural protection, existing natural hazards, or other direct or indirect effects which vary with the potential uses;(2)Quality of the Natural Characteristics. The area possesses outstanding natural characteristics such as: high or unaltered land and water quality; undeveloped or unaltered land and water; outstanding trees, priority natural communities, or biodiversity;(3)Productivity. The ecosystem is rich in nutrients serving as a food source for or hosting a high diversity of finfish, shellfish, waterfowl, wildlife, or other biota;(4)Uniqueness of Area. The area is unique or unusual from a regional, state, or national perspective. Uniqueness will apply to endangered plant and animal species; geologic features; archaeological/historic/cultural features; or other resources of educational value;(5)Irreversibility of Impact. The area has resources or characteristics which are potentially exhaustible or so fragile that alterations may have irreversible consequences. Irreversibility of impact will be assessed based on such factors as: the dependence of natural systems on groundwater; the tolerance of animals and habitats to pollutants; the degree of interdependence of ecosystems; and the sensitivity of species to changes in salinity or nutrient loads;(6)Imminence of Threat to the Resource. The area is subject to imminent threat such as: current proposals for major private development projects; plans for major new public infrastructure developments such as sewers, water systems, roads; or regional growth trends;(7)Magnitude of Impact. The potential adverse impacts from changes to the area would be highly significant;(8)Economic Benefits. The area has intrinsic values which are important to a region's economic stability. Such values include: recreational opportunities, tourism, fisheries development, and water supply;(9)Potential Climate Change Benefits. The area has the ability to mitigate climate change impacts, such as more frequent and intense storms and higher temperatures, and improve climate change resilience;(10)Supporting Factors. The area has other factors which favor preservation or restoration. Such factors may include: strong public consensus on the intrinsic value of the area; legislative identification of the value of the resource; public awareness of the importance of the area; the lack of coordinated local control because the area is contained within more than one municipality; ownership of some or all of the resource by the local, state, or federal government; or the existence of supplementing management programs in the area.Amended by Mass Register Issue 1325, eff. 11/4/2016.