Definitions

For the purposes of 301 CMR 15.00, the following terms shall have the following meanings. Allowable Project Costs. Costs EEA determines are necessary for the completion of the project in accordance with 301 CMR 15.05. Applicant. Any local governmental body, charitable organization or private entity that has applied for funding. Borrower. An applicant who has been awarded a loan and who has executed a loan award agreement pursuant to the M.G.L. c. 29, § 2IIII and 301 CMR 15.00. Charitable Organization. An organization that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code and that is registered with the Massachusetts Office of the Attorney General as a public charity. Coastal Flood or Wave Control Projects. Those projects intended to reduce the damaging effects of flooding or waves on coastal areas. Such projects may include the use of hard structures (e.g., seawalls, jetties, and groins) and/or measures that maximize the use of natural systems through the use/restoration of natural coastal landforms and resources (e.g., dunes, vegetation, and salt marsh). Commissioner. The Commissioner of the Department of Conservation and Recreation or his or her authorized designee. Commonwealth. The Commonwealth of Massachusetts. Dam. Any artificial barrier, including appurtenant works, which impounds or diverts water, and includes, but is not limited to, dams subject to the regulatory jurisdiction of DCR under 302 CMR 10.00: Dam Safety and other dams and similar impoundments or structures. (MA REG. # 1325, Dated 11-4-2016) CZM means the Office of Coastal Zone Management. DCR means the Department of Conservation and Recreation. EEA means the Executive Office of Energy and Environmental Affairs. Flood Control Structure means a structure intended to direct, divert or otherwise contain unusual volumes of water, commonly created by storm events, such as a Dam, Levee, reservoir, tide gate, sluiceway, and/or appurtenant works. Fund means the Dam and Sea Wall Repair or Removal Fund established by M.G.L. c. 29, § 2IIII. Grant means funds provided under contractual terms by EEA to achieve a goal for the benefit of the general public or a segment of the general public consistent with EEA’s overall mission. Grantee means a public or non-public entity selected as a Recipient of a Grant. Groin means a shore protection structure built (usually perpendicular to the shoreline) to trap littoral drift or impede erosion of the shore. High Hazard Dam means a dam located where structural failure will likely cause loss of life and serious damage to homes, industrial or commercial facilities, essential public utilities, main highways or railroads. Jetty means a structure extending into a body of water, which is designed to prevent shoaling of a channel by littoral materials and to direct and confine the stream or tidal flow. Jetties are built at the mouths of rivers, tidal inlets, and harbors to help deepen and stabilize a channel. Levee means a dike or embankment generally of earthen materials designed to prevent riverine flooding after periods of exceptional rainfall. Loan means any form of financial assistance subject to repayment which is provided by the Secretary to a local governmental body, charitable organization or private Dam owner for all or any part of the cost of a project approved in accordance with 301 CMR 15.00. Local Governmental Body shall include a town, city, district, commission, board and any regional local governmental unit. Low Hazard Dam means a dam located where structural failure may cause minimal property damage and loss of life is not expected. Recipient means an entity with which EEA has executed a Loan or Grant agreement or contract. Remove or Removal when applied to a Dam and similar impoundments, means the controlled dismantling or breaching of a structure, in compliance with applicable law, to the extent that water is not impounded or diverted or no longer impeded; provided, however, that, following a controlled dismantlement or breach, a minimal degree of impoundment necessary for agricultural uses or wetland retention and open water conditions may be allowed, so long as any impediment to fish passage has been removed and any threats to public safety or property have been alleviated. Repair means the reconstruction, rehabilitation, or replacement, whether partial or wholly, of a structure Resilience means the ability to withstand or recover from the impacts of climate change. Revetment means a structure, often a facing of stone or concrete, to protect an embankment or shore structure against erosion by wave action or currents. Seawall means a structure, often concrete or stone, built along a portion of a coast to prevent erosion and damage by wave action. Secretary. The Secretary of the Executive Office of Energy and Environmental Affairs or his or her designee. Significant Hazard Dam. A dam located where structural failure may cause loss of life and damage to homes, industrial and commercial facilities, secondary highways or railroads or cause interruption of use of service of relatively important facilities.