301 CMR, § 13.04

Current through Register 1538, January 3, 2025

Section 13.04 - Standards

(1)Water-dependent Projects. The Secretary shall presume that water-dependent projects meet the criteria listed in 301 CMR 13.04 and provide adequate public benefit.

(2)Nonwater-dependent Projects. In making the public benefit determination, the Secretary shall consider the following criteria:

(a) the purpose and effect of the project,

(b) the impact on abutters and the surrounding community,

(c) enhancement to the property,

(d) benefits to the public trust rights in tidelands or other associated rights, including but not limited to, benefits provided through previously obtained municipal permits,

(e) community activities on the site,

(f) environmental protection and preservation,

(g) public health and safety, and the general welfare.

(3)Application of Criteria. In weighing the adequacy of the proposed public benefit, the Secretary shall place particular emphasis on the benefit to the public trust rights in tidelands.

In weighing the benefit to the public trust rights in tidelands, the Secretary shall apply a preference for a benefit provided on-site. If no significant benefit is feasible on the site, the Secretary shall apply a preference for a benefit in the same general area. If no significant benefit is feasible in the same general area, the Secretary may accept a voluntary payment in lieu thereof to compensate for the public's loss of tideland-related rights. Such payment shall be placed into an expendable trust and used for the purpose of promoting public access to, and use and enjoyment of, the waterfront. The Secretary's determination as to the use of such funds shall be guided by municipal harbor plans or other plans addressing access to and along the waterfront. The proponent may also offer and the Secretary may accept a public benefit consisting of a combination of on-site improvements, off-site improvements, and a payment.

301 CMR, § 13.04