301 Mass. Reg. 20.02

Current through Register 1523, June 7, 2024
Section 20.02 - Definitions

Coastal Atlas means Volume II (Chapter 5) of the 1977 Massachusetts Coastal Zone Management Program and Draft Environmental Impact Statement.

Coastal Effects means any reasonably foreseeable effects on any land or water use or natural resource of the Coastal Zone resulting from a Federal Action, and as further defined in the Federal Consistency Regulations, 15 CFR 930, Subparts A through I. Coastal Effects is synonymous with "effects on any coastal use or resource".

Coastal Program Policies means the written descriptions of policy, including both summary statements and expanded policy context and elements, as set forth in the latest edition of the CZM Policy Guide, together with the substantive content of all statutes, regulations, and other legal authorities serving as the basis for such policy descriptions and as identified in the CZM Policy Guide. Coastal Program Policies is synonymous with CZM policies.

Coastal Zone means the coastal zone of Massachusetts established pursuant to the Coastal Zone Management Act ( 16 U.S.C. 1451et seq.). The coastal zone is that area of waters and adjacent shorelands bounded by the outer seaward limit of the Commonwealth's title and ownership under M.G.L. c. 1, § 3; the northern boundary between the Commonwealth and New Hampshire and the southern boundary between the Commonwealth and Rhode Island, as established by interstate compact, agreement, judicial decision, or as otherwise provided by law; and the inland line described and delineated in the CZM Policy Guide and the Coastal Atlas, as may be amended. The coastal zone includes all of Barnstable County and all islands contained within the delineated area, including specifically Martha's Vineyard, Nantucket, and the Elizabeth Islands. It excludes lands subject solely to the discretion of or which is held in trust by the federal government, its officers or agents.

Coastal Zone Management Act (CZMA) means the Federal Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451et seq.).

Coastal Zone Management Program means the comprehensive documentation that sets forth the objectives, policies, standards, guidelines, designations, rules, regulations, executive orders, interagency agreements, procedures, and other instruments of law and administration serving to guide public and private uses of lands and waters in or affecting the Coastal Zone, and which has obtained written approval from the Office of Ocean and Coastal Resource Management (OCRM), National Oceanic and Atmospheric Administration, United States Department of Commerce. Such documentation includes, but is not limited to, the latest edition of the CZM Policy Guide, the Coastal Atlas, and the 1978 Final Environmental Impact Statement, except for any content that has been superseded by program implementation documentation approved subsequently by OCRM. Coastal Zone Management Program is synonymous with CZM Program and the state Coastal Management Program as defined by the federal Coastal Zone Management Act.

CZM Office (also CZM) means the Massachusetts Office of Coastal Zone Management (CZM), established pursuant to M.G.L. c. 21A, § 4A.

CZM Policy Guide, or the Massachusetts Office of Coastal Zone Management Policy Guide means the official document, containing the official policies of the Commonwealth's Coastal Management Program and explaining the federal consistency review process in Massachusetts as published by the CZM Office and approved by OCRM.

EEA means the Massachusetts Executive Office of Energy and Environmental Affairs, established pursuant to M.G.L. c. 21A.

Enforceable Policies means the Coastal Program Policies or portions thereof that are enforceable for federal consistency purposes. Pursuant to the CZMA and Federal Consistency Regulations, 15 CFR 930, Subparts A through I, such Enforceable Policies are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions that have been incorporated into the federally-approved Coastal Zone Management Program and by which the Commonwealth of Massachusetts exerts control over private and public land and water uses and natural resources in its Coastal Zone. Enforceable Policies also may be based on Gubernatorial Executive Orders, which remain in full force and effect except upon formal rescission by the Governor, and on any provisions of federal law under which the Commonwealth exercises delegated authority to control land and water uses in state or federal waters. The Enforceable Policies are identified as such in the CZM Policy Guide. Enforceable Policies rely solely on existing legal authorities and shall not be construed as an expansion of state authority beyond existing law.

Environmental Monitormeans the semi-monthly publication of proposed actions and projects that require filings with the Secretary pursuant to M.G.L. c. 30, §§ 61 through 62H and 301 CMR 11.00: MEPA Regulations.

Federal Action means a federal action subject to the federal consistency requirement of 16 U.S.C. 1451et seq. and as further defined in the Federal Consistency Regulations, 15 CFR 930, Subparts A through I. Such actions include Federal Development Projects and other Federal Agency Activities; Federal License or Permit Activities; Outer Continental Shelf Exploration, Development, and Production Activities; and Federal Assistance to State and Local Governments.

Federal Consistency Regulations means the regulations of the National Oceanic and Atmospheric Administration (NOAA) entitled Federal Consistency With Approved Coastal Management Programs, 15 CFR 930, Subparts A through I.

MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H and implementing regulations at 310 CMR 11.00: MEPA Regulations

Network Agency means any office, department, division, or other unit of EEA that carries out projects in the Coastal Zone, has legal authority and/or programmatic responsibility for implementation of any Coastal Program Policies, or is otherwise identified in the federally-approved CZM Program.

OCRM means the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce.

OCS Plan means a plan for the exploration or development of, or production from, any area which has been leased under the Outer Continental Shelf Lands Act ( 43 U.S.C. § 1331et seq.) and regulations, which is submitted to the Secretary of the Interior or its designee and which describes in detail federal license or permit activities.

Secretary means the Secretary of the Massachusetts Executive Office of Energy and Environmental Affairs or his or her designee.

301 CMR 20.02