310 CMR, § 10.22
310 CMR 10.21 through 10.37 are promulgated pursuant to M.G.L. c. 131, § 40 and are intended to implement it. They are further intended to establish criteria and standards for the uniform and coordinated administration of the provisions of M.G.L. c. 131, § 40; to ensure coordination between the Department and other Executive Office of Energy and Environmental Affairs agencies; and to ensure consideration by the Department of relevant policies, laws or programs of other Executive Office of Energy and Environmental Affairs agencies. 310 CMR 10.21 through 10.37 is, in addition, intended to be consistent with and form a part of the Commonwealth's Coastal Zone Management Program as it has been promulgated and defined by 301 CMR 21.00: Coastal Zone Management Program Federal Consistency Review Procedures. 310 CMR 10.21 through 10.37, however, are adopted independently under M.G.L. c. 131, § 40 and would remain in full force and effect in the absence of 301 CMR 20.00: Coastal Zone Management Program.
The interpretation and application of 310 CMR 10.21 through 10.37 shall be consistent with the policies of 301 CMR 20.00: Coastal Zone Management Program to the maximum extent permissible under M.G.L. c. 131, § 40. M.G.L. c. 21A, § 2 establishes the CZM policies as part of 301 CMR 20.00, and the Department recognizes these policies as state environmental policy, which it will carry out in accordance with M.G.L. c. 21A, § 2. Specifically, 301 CMR 20.99: Severability, Coastal Hazards Policy #1, and #2, Energy Policy #1, Habitat Policy #1, Ocean Resources Policy #1, Ports and Harbors Policy #1, #2 and #3, Protected Areas Policy #1 and Water Quality Policy #1 and #2 are applicable to the administration of M.G.L. c. 21A, § 2, but the provisions of the more specific regulations contained in the following sections shall govern, unless the Secretary, pursuant to the conflict resolution procedures of M.G.L. c. 21A, 301 CMR 20.00 of the CZM Regulations, has resolved any conflict and has determined that the CZM policies should or should not apply.
310 CMR, § 10.22