301 C.M.R. 28.01 – Authority and Purpose

(1) 301 CMR 28.00 is adopted pursuant to M.G.L. c. 21A §4C and M.G.L. c. 132A, §§ 12A through 16F (Massachusetts Oceans Sanctuary Act) as amended by St. 2008, c. 114 (Massachusetts Oceans Act). 301 CMR 28.00 implement, administer, and enforce M.G.L. c. 21A, § 4C and the Ocean Management Plan, developed and promulgated in accordance with the Massachusetts Oceans Act. In accordance with St. 2008, c. 114, § 23 and with the federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) and implementing regulations at 15 CFR §§ 923 and 930, enforceable standards of the Ocean Management Plan form part of the Massachusetts Coastal Zone Management Program and shall be interpreted and applied in a manner consistent with 301 CMR 20.00: Coastal Zone Management Program.
(2) 301 CMR 28.00 fulfills, in part, the statutory responsibility for the oversight, coordination, and planning for ocean waters and ocean-based development in the Commonwealth. The Massachusetts Oceans Act requires the Secretary to develop and implement an integrated ocean management plan for a specified Ocean Management Planning Area. The purpose of 301 CMR 28.00 is also to define, interpret, and clarify the procedures and rules necessary for agencies to carry out responsibilities under the Massachusetts Oceans Act, M.G.L. c. 21A, § 4C, and M.G.L. 132A, §§ 12A through 16F. Pursuant to statutory directive, the Ocean Management Plan establishes management areas and standards for certain Activities allowed under M.G.L. c. 132A, §§ 15 and 16 and 301 CMR 27.00: Ocean Sanctuaries within the Ocean Management Planning Area. The Activities subject to the Ocean Management Plan are governed by siting and performance standards, associated with mapped resources and uses, that direct development away from areas with important and high value resources and water-dependent uses. 301 CMR 28.00 establishes the procedures and requirements necessary to interpret, implement, administer, and enforce M.G.L. c. 21A, § 4C and the Ocean Management Plan, including provisions to:
1. (a) Codify the jurisdiction, management areas, and standards developed by the Ocean Management Plan;
2. (b) Establish procedures for assessing the Ocean Development Mitigation Fee, pursuant to M.G.L. c. 132A § 18;
3. (c) Develop provisions for the review of the Ocean Management Plan and its baseline assessment and enforceable measures;
4. (d) Define the process for making updates or amendments to the Ocean Management Plan; and
5. (e) Ensure regulatory consistency for pertinent agency decisions regarding ocean development.
(3) Nothing in the Ocean Management Plan or 301 CMR 28.00 shall be construed to supersede existing general or special laws, or to confer rights and remedies in addition to those conferred by existing general or special laws.