Emergency Actions

In the rare situation where immediate action by a state body is essential to avoid or eliminate an imminent threat to the public health or safety, or a serious and immediate threat to the environment, a project may commence without compliance with the MHC review process pursuant to M.G.L. c. 9, §§ 26 through 27C; provided that wherever practicable the state body must obtain the prior written approval of the MHC. In cases where written notice is not practicable, the state body must make a good faith effort to obtain the prior oral approval of the MHC by telephone, during normal business hours. In all cases, written notification will be required within ten days of the commencement of the project providing all available information concerning the scope and details of the project. Within 30 days of the initiation of a project triggered by an emergency situation, the state body or the project proponent shall commence full compliance with the provisions of 950 CMR 71.00. Any emergency action taken under 950 CMR 71.10 prior to notification to the MHC shall be the minimum action necessary to avoid or eliminate the imminent threat to the public health, safety, or the environment. Where the reasons for undertaking emergency measures no longer exist, any emergency action taken under 950 CMR 71.10 shall cease until the provisions of 950 CMR 71.00 have been complied with.