302 CMR 3.07 - Scenic River Corridor Boundary Delineation Procedures

Any person having an interest in land located within the proposed river corridor (referred to in 302 CMR 3.07 as the "requesting person") shall have the right to request the boundary delineation procedures set forth below. Such a request may be made at any time subsequent to the Department's giving notice pursuant to 302 CMR 3.05 or 3.06 but not later than 14 days after the close of the public hearing record, unless good cause for the delay in making such a request can be shown to the Department.

(1) On-site Inspections. The Department shall make available, for the purpose of requesting on-site inspections pursuant to 302 CMR 3.07, request forms. These forms shall be available at any preliminary informational meeting and/or any public hearing held pursuant to 302 CMR 3.00, and at the Scenic Rivers Program Section of the Department's offices, as posted on the Department's website, during normal business hours.

Request forms shall be sent to the Department by delivering a copy of the completed form to the Department at the address posted on the Department's website. No form shall be deemed to be received unless properly completed, and improperly completed forms shall be returned.

The requesting person shall also contact the Department to arrange a time, date and meeting place for the on-site inspection. The location of the inspection shall be at the place or places specified on the request form.

The Department's representative shall meet with the requesting person at the agreed time, date and place.

The Department's representative shall indicate the location of the river corridor boundary on the site. The Department may, through its representative, conduct the on-site inspection without the requesting person, if the Department, prior thereto, has secured permission to do so from the requesting person.

The Department may answer any questions posed by the requesting person concerning the designation of his or her land as an area to be included within the proposed river corridor.

(2) Boundary Delineation of the Scenic River Corridor on Assessors Maps. The Department, if requested, shall delineate the river corridor boundary in relation to the requesting person's land on a copy of the applicable portion of the assessor's map or maps.

(3) Boundary Delineation on Plot Plan. The Department, if requested, shall indicate the location of the boundary or boundaries of the river corridor on an individual plot plan prepared and submitted by the requesting person to the Department.

Notes

302 CMR 3.07

Amended by Mass Register Issue 1352, eff. 11/17/2017.