The Secretary shall conduct a public benefit determination for projects that fall within 301 CMR 13.02(1). The Secretary may conduct a public benefit determination for projects that do not fall within 301 CMR 13.02(1) in accordance with 301 CMR 13.02(2).

1. (1) Mandatory Public Benefit Review. A public benefit determination shall be required for any project that:

   1. (a) files an environmental notification form after November 15, 2007;
   2. (b) is required to file an environmental impact report; and
   3. (c) is completely or partially located in tidelands or landlocked tidelands.

2. (2) Discretionary Public Benefit Review. For any project that:

   1. (a) files an environmental notification form after November 15, 2007;
   2. (b) is not required to file an environmental impact report; and
   3. (c) is completely or partially located in tidelands or landlocked tidelands, the Secretary may require a public benefit determination based on circumstances relating to the nature of the project, the nature of the tidelands in question, the project location, or other similar factors where a public benefit review is necessary to protect public trust rights in tidelands.