321 CMR, § 10.16 - Project Segmentation and the Availability of Comprehensive MESA Reviews and Permits for Certain Municipalities

(1) Project Segmentation. Projects shall not be segmented or phased to evade or defer the review requirements of 321 CMR 10.13 and 10.18 through 10.23 or the eligibility requirements for an exemption under 321 CMR 10.14. For the purposes of 321 CMR 10.13, 10.14 and 10.18 through 10.23, the entirety of a proposed Project subject to review, including likely future expansions, shall be considered, and not separate phases or segments thereof In determining whether two or more segments or components are in fact parts of one Project, all circumstances shall be considered, including but not limited to time interval between phases, whether the segments or components, taken together, constitute a part of a common plan or scheme, whether there is a commonality of ownership interests across two or more separate legal entities, and whether environmental impacts are separable. Ownership by different entities does not necessarily indicate that two segments or components are separate. The Division may, based on the above considerations, require that two or more projects be reviewed as a common project under 321 CMR 10.18.

(2) Comprehensive MESA Reviews and Permits for Municipalities.

(a) Municipalities that contain substantial areas of Priority Habitat within their boundaries may request technical assistance from the Division to undertake a joint comprehensive review of existing or potential development or habitat protection and management areas within the municipality for MESA planning and permitting purposes, including obtaining one or more reviews under 321 CMR 10.18 or a comprehensive conservation and management permit under 321 CMR 10.23. Such permit may include permitting approaches or permit conditions that authorize a local mitigation bank for affected state-listed species or the pre-permitting of building envelopes within one or more development areas identified during the above MESA review and permitting process.

(b) A municipality requesting technical assistance from the Division pursuant to 321 CMR 10.16(2) shall submit a plan for the Division's approval that sets forth the municipality's proposed public participation process associated with the assessment and identification of existing or potential development or habitat protection and management areas within the municipality for MESA planning and permitting purposes.

Notes

321 CMR, § 10.16