Introduction

(1) Authority. 310 CMR 13.00 is issued by the Department of Environmental Protection pursuant to the authority granted under M.G.L. c. 21A, § 2(28). (2) Purpose. 310 CMR 13.00 is promulgated in order to: (a) define and explain the language of M.G.L. c. 131, § 40A, and (b) establish the procedures under which the Department will exercise its responsibilities under M.G.L. c. 131, § 40A. It is the intent of the Department that these definitions and procedures are to be used to preserve and promote the public safety, private property, wildlife, fisheries, water resources, flood plain areas and agriculture, and to prevent damage to the environment. It is further intended that these goals shall be accomplished through the adoption of Orders imposing restrictions on the inland wetlands and flood plainareas ofthe Commonwealth. The Orders shall regulate, restrict, or prohibit certain specified activitiesoruses, includingdredging, filling, removing or otherwise altering or polluting inland wetlands and shall establish encroachment lines along waterways or flood-prone areas beyond which in the directionofthe waterway or flood-prone area, no obstruction or encroachment shall be placed unless authorized by the Commissioner of the Department of Environmental Protection. It is also the intent of the Department that, where inland wetlands and flood plain areas occur within the boundary of the Massachusetts coastal zone as defined in the Commonwealth's Coastal Zone Management Program (hereinafter "CZM Program"), 310 CMR 13.00 be consistent with and form a part of the CZM Program as it has been promulgated and defined in 301 CMR 20.00 issued pursuant to M.G.L. c. 21A entitled "Establishment of the CoastalZone Management Program by the Executive Office of Environmental Affairs". 310 CMR 13.00, however, is adopted independently under M.G.L. c. 131, § 40A and would remain in full force and effect in the absence of the CZM Program or 301 CMR 20.00. The interpretation and application of 310 CMR 13.00 to inland wetlands and flood plain areas within the boundary of the coastal zone shall be consistent with the policies of the CZM Program to the maximum extent permissible under M.G.L. c. 131, § 40A; except when to do so would require an act impermissible at law, or where the Secretary of Environmental Affairs, pursuant to the conflict resolution procedures of M.G.L. c. 21A, § 4 and 301 CMR 20.06, has resolved any conflict and has determined that the CZM policies should or should not apply. 13.01: continued (3) Coordination with the CZM Office and Local Governments. If inland wetlands and flood plain areas proposed for restriction occur within the Coastal Zone, as defined in 301 CMR 20.03 the Department, in accordance with 301 CMR 20.06, shall notify the CZM Office at least 60 days beforehand of the adoption ofanyproposed Order and shall provide local government agencies with notice of the proposed Order at least 30 days prior to its adoption. (4) Restriction of Areas of Critical Environmental Concern. Whenever the Secretary notifies the Commissioner that he has accepted the nomination of an inland wetland or flood plain area for designation as an Area of Critical Environmental Concern (hereinafter "ACEC"), the Commissioner shall, within30 days ofsuchacceptance, submit the following to the Secretary, and to the Director of the Coastal Zone Management Office if the nominated inland wetland or flood plain area lies within the coastal zone as defined in 301 CMR 20.03: (a) a narrative description of the current status of mapping activity and of any past or current wetlands restrictions activity within the suggested boundaries of the nominated ACEC. (b) a schedule for restricting the inland wetlands and flood plain areas in the nominated ACEC within 15 months of the Secretary's designation of the ACEC. In carrying out the restriction of the inland wetlands and flood plain areas of an ACEC within 15 months of its designation, the Department shall review the adequacy and consistency ofallpreviouslyrecordedrestrictions within the ACEC and shall, as necessary, amend or modify and rerecord such restrictions to ensure full compliance with the management goals of the Secretary's designation of the ACEC. If the Commissioner determines that the process of restricting all of the inland wetlands and flood plain areas in an ACEC cannot be completed within 15 months of designation, the Commissioner may request that the Secretary grant a one-time extension of up to 90 days.