Section 9.54 - Consistency with Coastal Zone Management PoliciesNonwater-dependent use projects located in the coastal zone shall be consistent with all policies of the Massachusetts Coastal Zone Management Program, pursuant to 301 CMR 20.05(3). In applying this standard for projects identified for CZM participation in license or permit proceedings pursuant to 310 CMR 9.13(2)(a), the Department shall consider any written statement submitted by the Coastal Zone Management Office pursuant to 310 CMR 9.13(2), and shall act in accordance with the following provisions:
(1) If the Department concurs with the conclusions and recommendations of CZM, said written statement shall be adopted as part of the written determination on license application.(2) If the Department disagrees with any conclusions or recommendations of CZM and the disagreement cannot be resolved through routine consultation, the assistance and direction of the Secretary shall be sought in accordance with the provisions of M.G.L. c. 21A, § 4, governing mediation of administrative and jurisdictional conflicts within EOEEA. If the disagreement is not eliminated through such mediation, the Department shall include in the written determination an explanation of the specific basis for its final decision on consistency with CZM policies. If the project site is within an area covered by an Approved Municipal Harbor Plan, the Department shall presume this standard is met, in accordance with the provisions of 310 CMR 9.34(2)(b)3.
Amended, Mass Register Issue 1261, eff. 5/23/2014.Amended by Mass Register Issue 1334, eff. 3/10/2017.Amended by Mass Register Issue 1483, eff. 11/25/2022.