310 CMR 13.05 - Public Hearings
Prior to adopting any Order under M.G.L. c. 131, ยง 40A, the Commissioner shall first hold a public hearing in a city or town in which the inland wetlands or flood plain areas to be affected are located.
The Commissioner or his agent designated as the Presiding Officer shall conduct the public hearing. Copies of all information and materials available at the preliminary informational meeting shall be available at the public hearing.
The Presiding Officer shall convene the public hearing. He or she or a representative of the Department shall first state the statutory authority under which the program operates, and shall explain the purpose of the program, effect of the proposed Order, and the Department's mapping, designating and recording procedures. The Presiding Officer shall inform persons having an ownership interest in any affected inland wetland or flood plain area of their right to request an on site inspection and other procedures pursuant to 310 CMR 13.07.
The Presiding Officer shall specify the order of participation. Representatives of the Department shall speak first, followed by elected officials. Persons or groups representing agencies of the Commonwealth, federal agencies or local governments who have requested permission to speak shall proceed next, followed by those persons who have submitted requests to comment. Other persons who wish to speak may then proceed at the discretion of the Presiding Officer. The Presiding Officer shall have the right to limit the length of time for each presentation.
The Presiding Officer may entertain questions from the audience. The Presiding Officer shall have the authority to adjourn the public hearing and to continue it to another date.
A record of the public hearing shall be compiled by having the proceedings recorded by a stenographer or on tape.
Findings will be made by the Presiding Officer and recommendations based on said findings submitted to the Commissioner within four weeks following the public hearing.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.