Section 3.06 - Public HearingPrior to adopting any Order under M.G.L. c. 21A, § 11C, and subsequent to the preliminary informational meeting, the Commissioner shall hold a public hearing in a city or town in which the scenic river corridor is to be located.
(1)Notice of the Public Hearing. The Department shall give notice at least 21 days prior to the date of the public hearing by: (a) sending a copy of the notice by certified mail to those persons included in 302 CMR 3.05(1)(a) through 3.05(1)(d), and to any person who has acquired, subsequent to the last annual tax levy, a fee simple interest in any land within the river corridor, and whose name has been entered in the records of the assessor's office and is available to the Department at least 60 days prior to the date of the public hearing;(b) sending a copy of the notice by regular mail to those persons included in 302 CMR 3.05(1)(e) through 3.05(1)(g), and to the State Reclamation Board, the Department of Public Works and the Department of Environmental Protection;(c) filing notice with the Secretary of the Commonwealth;(d) sending a copy of the notice to those persons or groups who have filed a written request to receive notice of public hearings held pursuant to M.G.L. c. 21A, 11C, and by sending a copy of the notice to any other persons or groups at the discretion of the Commissioner;(e) publishing notice in a newspaper or newspapers of general circulation in the cities or towns in which the river corridor is to be located, and, where appropriate, in such trade, industry or professional publications as the Commissioner may select;(f) posting notice in the city or town hall of each city or town located within the proposed river corridor, or in any other location as determined by the Commissioner.(2)Content of Public Hearing Notice. Notice other than notice published in newspaper given under 302 CMR 3.06 shall include, but not be limited to, the following information and materials:(a) a description of the Department's statutory authority to adopt Orders, a copy of M.G.L. c. 21A, § 11C, and a copy of the proposed Order;(b) a copy of a map indicating the general location of the proposed river corridor;(c) notice that the Department's river corridor boundary delineation procedures, as defined in 302 CMR 3.07, may be requested by persons having an interest in lands located within the river corridor;(d) the time, place and location of the public hearing;(e) the name of the Commissioner or his or her agent or agents designated to receive inquiries and requests prior to the public hearing;(f) notice that any person may submit written comments concerning the proposed Order to the Department, and/or request to speak at the hearing. Notice published in newspaper or posted in city or town halls pursuant to 302 CMR 3.06 shall include items 302 CMR 3.06(2)(c), 3.06(2)(d) and 3.06(2)(f) and may also contain a list of parcels on which the river corridor is to be located, for which no assessed owner is known.
(3)Conduct of the Public Hearing. The Commissioner or his or her agent designated as Presiding Officer shall conduct the public hearing. Copies of all information and materials required to be available at the preliminary informational meeting held pursuant to 302 CMR 3.05 and required by 302 CMR 3.06 shall be available for inspection and/or distribution at the public hearing. The Presiding Officer shall convene the public hearing. He or she shall first state the statutory authority under which the program operates and shall explain the purpose of the program, the effect of the proposed Order, and the Department's mapping, designating and recording procedures. The Presiding Officer shall inform persons having an interest in lands within the river corridor of their right to request an on-site inspection and other procedures pursuant to 302 CMR 3.07 and shall explain the procedures set out in 302 CMR 3.07.
The Presiding Officer shall specify the order of participation. Representatives of the Department shall speak first, followed by elected officials. Persons or groups representing agencies of the Commonwealth, federal agencies, or local government and who have requested permission to speak shall proceed next, followed by those persons who have submitted requests to comment pursuant to 302 CMR 3.06(1), and whose names have been listed by the Presiding Officer on the hearing agenda. Other persons who wish to speak may then proceed at the discretion of the Presiding Officer. The Presiding Officer shall have the right to limit the length of time of each presentation.
The Presiding Officer may entertain questions from the audience. The Presiding Officer shall have the authority to adjourn the public hearing and to continue the hearing to another date.
A record of the public hearing shall be compiled by having the proceedings either recorded by a stenographer or on tape.
Amended by Mass Register Issue 1352, eff. 11/17/2017.