Section 23.07 - Applicability of Certain Provisions of an Approved MHPIf the Secretary of any State Executive Office certifies in writing, subsequent to the approval of an MHP, that an incompatibility has arisen between a state project under such Executive Office and one or more provisions of the Approved MHP the Secretary shall act in accordance with the following provisions:
(1) upon receipt of the written certification, the Secretary shall follow the notice, comment, and consultation procedures set forth in 301 CMR 23.04(2)(a) and (3), unless the project requires an Environmental Impact Report (EIR);(2) reasonable arrangements shall be made by the state agency, in full consultation with the Secretary and the affected municipality, to evaluate alternatives to the proposed project in order to avoid or minimize incompatibility with the Approved MHP and to evaluate the possibility of amending the Approved MHP pursuant to 301 CMR 23.06 if incompatibility cannot be reasonably reduced through other measures; if the project requires an Environmental Impact Report (EIR), the information and analysis required for such evaluation shall be limited to that provided in the final EIR prepared in accordance with MEPA; and(3) to the extent that incompatibility remains between the state project and the Approved MHP after reasonable effort has been made to minimize such incompatibility, in accordance with 301 CMR 23.07(2), the Secretary shall determine that the relevant provisions of the Approved MHP are no longer applicable to the project; this determination shall be made in the Secretary's Certificate on the final EIR, or, if an EIR is not required, within 21 days of the close of the consultation session provided for in 301 CMR 23.07(1).Amended by Mass Register Issue 1334, eff. 3/10/2017.