Prior to adopting any Order under M.G.L. c. 131 ,§ 40A, the Commissioner shall first give notice, as provided below, of a preliminary informational meeting and a public hearing.
(1)Persons To Be Given Notice. The Department shall mail notice of the meeting and the hearing to the following persons by certified mail at their address as listed in the assessor's records, at least 14 days prior to the date of the preliminary informational meeting and at least 21 days prior to the date of the public hearing:(a) any assessed owner, unless a different owner or different address is known to the Commissioner to be the correct one, in which case the notice shall be so addressed;(b) any person, other than an assessed owner, having an ownership interest in any inland wetland or flood plain area to be affected and whose name appears in the assessor's records; (c) any person who has acquired, subsequent to the last annual tax levy, an ownership interest in any inland wetland or flood plain area to be affected 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;
(d) the State Reclamation Board, the Department of Public Works, the Department of Environmental Management, the Metropolitan District Commission, the Coastal Zone Management Office, other agencies of the Commonwealth, federal and local government as the Commissioner deems appropriate regional planning agencies within the area to be affected, and to the Selectmen or Mayor, Conservation Commission, Planning Board and Assessors of the city, town or watershed region in which the inland wetlands or flood plain areas to be affected are located. The Commissioner shall give notice by regular mail to any person who has filed a written request to receive notice of public hearings to be held pursuant to M.G.L. c. 131, § 40A, and to any other person he may deem appropriate, at least 14 days prior to the date of the preliminary informational meeting and at least 21 days prior to the date of the public hearing.
Any of the notices required to be given pursuant to 310 CMR 13.03(1) shall be deemed to have been given upon mailing a copy of the notice. The number of days between the giving of notice and the date of the preliminary informational meeting and public hearing shall include Saturdays, Sundays and legal holidays.
(2)Publication of Notice. The Commissioner shall publish notice of the preliminary informational meeting and public hearing at least 14 days prior to the date of the preliminary informational meeting and at least 21 days prior to the date of the public hearing in a newspaper or newspapers of general circulation in the city, town or watershed region in which the inland wetlands or flood plain areas to be affected are located, and where appropriate, in such trade, industry or professional publications as the Commissioner may select.(3)Posting of Notice. The Commissioner shall post notice of the preliminary informational meeting and public hearing at least 14 days prior to the date of the preliminary informational meeting and at least 21 days prior to the date of the public hearing in the city or town hall of the city or town in which inland wetlands or flood plain areas to be affected are located, and in any other location as determined by the Commissioner.(4)Filing Notice With the Secretary of the Commonwealth. The Commissioner shall file notice of the public hearing with the Secretary of State at least 21 days prior to the date of the public hearing.(5)Content of Notice. Notice, other than notice by publication, shall include, but need not be limited to, the following information and materials:(a) A description of the Department's statutory authority to adopt Orders, a copy of the statute, M. G.L. c. 131, § 40A, and a copy of the proposed Order. (b) A copy of an index map or portion of the proposed plan with the inland wetland or flood plain area or areas to be affected identified thereon.(c) Notice that the Department's wetland boundary delineation services are available to persons having an ownership interest in land to be affected by the Order.(d) The time, place and location of the preliminary informational meeting and public hearing.(e) The name of the Commissioner or his agent or agents designated to receive inquiries or 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 newspapers or posted in the city or town hall or other public place pursuant to 310 CMR 13.03(5) shall include the items listed in 310 CMR 13.03(5)(c), (d), and (f), and may also contain a list of parcels within which inland wetlands or flood plain areas are located, and for which no assessed owner is known.