980 C.M.R. 9.03 – Coastal Zone Management Policies

(1) Coastal Zone Management Policies.
1. (a) The Siting Council specifically recognizes the policies and policy appendix of the Massachusetts Coastal Zone Management Program as adopted bythe Secretary of Environmental Affairs under M.G.L. c. 21A, §§ 2, 3, 4 as a health, environmental
protection, resource use, and development policy of the Commonwealth as required by M.G.L. c. 164, § 69H, 69H½. (b) In the case of a facility proposed for siting within or impacting an area of critical environmental concern, the Council will give prime consideration to the environmental policy to protect such natural resource areas against degradation as more fully specified in the Massachusetts Coastal Zone Management Program, Policies 1, 2 and 11. "Prime consideration" means that the Council will give special weightto the environmental impact of a facility in or impacting such environmentally sensitive areas. Pursuant to its statutory duty to act consistently with environmental protection, resource use and development policies of the Commonwealth, the Council will safeguard habitat and the maintenance of antidegradation water quality standards by being consistent with the policies and Policy Appendix of the CZM Program; by complying with use restrictions and prohibitions under the inland and coastal wetlands restriction program, M.G.L. c. 131, § 40A, c. 130, § 105; the scenic rivers act, M.G.L. c. 21, § 17A; the ocean sanctuaries act, M.G.L. c. 32A, §§ 13 through 17, 18. The Council will make affirmative findings that the characteristics of the area will not be degraded or adversely affected unless compelling countervailing considerations, in balance, warrant approval of the site. Where the Council has approved a site within or impacting an area of critical environmental concern pursuant to M.G.L. c. 164, §§ 69H, I, J, and where new information is obtained by a regulatory agency after the initial approval of the Council, which if known at the time of initial approval would have received the specialweight given to environmental impact for such areas, then such environmental impact will be given special weight in any proceeding under M.G.L. c. 164, § 69K. (c) Approval of a long-range forecast, supplement, or notice of intention to construct an oil facility which includes a facility to be sited within or impacting an area of critical environmental concern shall not be construed as a waiver of compliance with the requirements of other federal, state, or local agencies as these apply to such an area.
(2) Consideration of National Interests. Consistent with 980 CMR 7.01(5), 7.03(2), 7.06(1), and 8.01(5) and other sections of 980 CMR 7.00 through 9.00 the Council recognizes a national interest in the development of energy resources which are necessary to meet requirements of the nation. Consequently, the Council will give adequate consideration to the national interest in energy facilities and it will not limit its deliberations to the needs of the Commonwealth alone nor restrict the siting of facilities which are necessary to meet energy requirements beyond the Commonwealth.