301 CMR 20.02
Definitions
Coastal Atlas means Volume II (Chapter 5) of the 1977 Massachusetts Coastal Zone
Management Program and Draft Environmental Impact Statement.
Coastal Effects means any reasonably foreseeable effects on any land or water use or natural
resource of the Coastal Zone resulting from a Federal Action, and as further defined in the
Federal Consistency Regulations, 15 CFR 930, Subparts A through I. Coastal Effects is
synonymous with "effects on any coastal use or resource".
Coastal Program Policies means the written descriptions of policy, including both summary
statements and expanded policy context and elements, as set forth in the latest edition of the
CZM Policy Guide, together with the substantive content of all statutes, regulations, and other
legal authorities serving as the basis for such policy descriptions and as identified in the CZM
Policy Guide. Coastal Program Policies is synonymous with CZM policies.
Coastal Zone means the coastal zone of Massachusetts established pursuant to the Coastal Zone
Management Act (16 U.S.C. 1451 et seq.). The coastal zone is that area of waters and adjacent
shorelands bounded by the outer seaward limit of the Commonwealth's title and ownership under
M.G.L. c. 1, § 3; the northern boundary between the Commonwealth and New Hampshire and
the southern boundary between the Commonwealth and Rhode Island, as established by interstate
compact, agreement, judicial decision, or as otherwise provided by law; and the inland line
described and delineated in the CZM Policy Guide and the Coastal Atlas, as may be amended.
The coastal zone includes all of Barnstable County and all islands contained within the
delineated area, including specifically Martha's Vineyard, Nantucket, and the Elizabeth Islands.
It excludes lands subject solely to the discretion of or which is held in trust by the federal
government, its officers or agents.
Coastal Zone Management Act (CZMA) means the Federal Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.).
20.02: continued
Coastal Zone Management Program means the comprehensive documentation that sets forth the
objectives, policies, standards, guidelines, designations, rules, regulations, executive orders,
interagency agreements, procedures, and other instruments of law and administration serving to
guide public and private uses of lands and waters in or affecting the Coastal Zone, and which has
obtained written approval from the Office of Ocean and Coastal Resource Management
(OCRM), National Oceanic and Atmospheric Administration, United States Department of
Commerce. Such documentation includes, but is not limited to, the latest edition of the CZM
Policy Guide, the Coastal Atlas, and the 1978 Final Environmental Impact Statement, except for
any content that has been superseded by program implementation documentation approved
subsequently by OCRM. Coastal Zone Management Program is synonymous with CZM
Program and the state Coastal Management Program as defined by the federal Coastal Zone
Management Act.
CZM Office (also CZM) means the Massachusetts Office of Coastal Zone Management (CZM),
established pursuant to M.G.L. c. 21A, § 4A.
CZM Policy Guide, or the Massachusetts Office of Coastal Zone Management Policy Guide
means the official document, containing the official policies of the Commonwealth's Coastal
Management Program and explaining the federal consistency review process in Massachusetts
as published by the CZM Office and approved by OCRM.
EEA means the Massachusetts Executive Office of Energy and Environmental Affairs,
established pursuant to M.G.L. c. 21A.
Enforceable Policies means the Coastal Program Policies or portions thereof that are enforceable
for federal consistency purposes. Pursuant to the CZMA and Federal Consistency Regulations,
15 CFR 930, Subparts A through I, such Enforceable Policies are legally binding through
constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or
administrative decisions that have been incorporated into the federally-approved Coastal Zone
Management Program and by which the Commonwealth of Massachusetts exerts control over
private and public land and water uses and natural resources in its Coastal Zone. Enforceable
Policies also may be based on Gubernatorial Executive Orders, which remain in full force and
effect except upon formal rescission by the Governor, and on anyprovisions of federal law under
which the Commonwealth exercises delegated authority to control land and water uses in state
or federal waters. The Enforceable Policies are identified as such in the CZM Policy Guide.
Enforceable Policies rely solely on existing legal authorities and shall not be construed as an
expansion of state authority beyond existing law.
Environmental Monitor means the semi-monthly publication of proposed actions and projects
that require filings with the Secretary pursuant to M.G.L. c. 30, §§ 61 through 62H and 301 CMR
11.00: MEPA Regulations.
Federal Action means a federal action subject to the federal consistency requirement of
16 U.S.C. 1451 et seq. and as further defined in the Federal Consistency Regulations, 15 CFR
930, Subparts A through I. Such actions include Federal Development Projects and other Federal
Agency Activities; Federal License or Permit Activities; Outer Continental Shelf Exploration,
Development, and Production Activities; and Federal Assistance to State and Local
Governments.
Federal Consistency Regulations means the regulations of the National Oceanic and
Atmospheric Administration (NOAA) entitled Federal Consistency With Approved Coastal
Management Programs, 15 CFR 930, Subparts A through I.
MEPA means the Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62H
and implementing regulations at 310 CMR 11.00: MEPA Regulations
Network Agency means any office, department, division, or other unit of EEA that carries out
projects in the Coastal Zone, has legal authority and/or programmatic responsibility for
implementation of any Coastal Program Policies, or is otherwise identified in the
federally-approved CZM Program.
20.02: continued
OCRM means the Office of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration, U.S. Department of Commerce.
OCS Plan means a plan for the exploration or development of, or production from, any area
which has been leased under the Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.)
and regulations, which is submitted to the Secretary of the Interior or its designee and which
describes in detail federal license or permit activities.
Secretary
means the Secretary of the Massachusetts Executive Office of Energy and
Environmental Affairs or his or her designee.