Authorities: M.G.L. c. 21A, § 2(7): Areas of Critical Environmental Concern; 301 CMR 12.00: Areas of Critical Environmental Concern.

Jurisdiction: Designated coastal and inland Areas of Critical Environmental Concern (ACEC).

Applicability: Massachusetts Environmental Policy Act (MEPA) (15) review thresholds are reduced in ACECs. Projects in MEPA jurisdiction, including those that are initiated by a state agency, require a state permit, or are funded by a state agency, are closely reviewed to avoid or minimize enviromental impacts. Certain activities regulated under the Department of Environmental Protection (MassDEP) Wetlands (17) and Waterways (21) programs, such as improvement dredging or new dock and pier construction are prohibited without a state-approved resource management plan for the ACEC. Check with ACEC staff to confirm the applicability of ACEC regulations to the proposed project.

Regulatory Summary: The purpose of the ACEC Program is to preserve, restore, and enhance environmental resources and resource areas of statewide significance. To accomplish this, the Program: (1) identifies and designates critical resources and resource areas; (2) increases the level of resource protection in designated ACECs by working through the existing state environmental requlatory frameworkd; and (3) engages municipalities, state agencies, non-governmental organizations, and individuals in ACEC stewardsip activities including resource management planning. Generally, municipalities and citizen organizations nominate proposed ACECs.

Once designated by the Massachusetts Secretary of Environmental Affairs, resource protection is enhanced by the reduction of MEPA (15) thresholds for projects proposed in ACECs, thus ensuring a closer regulatory scrutiny by state agencies. The MassDEP Wetlands (17) and Chapter 91 Waterways Programs (21) also include provisions in their regulatory reviews that protect the resources of ACECs. Certain activities, such as improvement dredging and new pier construction, are prohibited until the specific activity is incorporated into a Resource Management Plan approved by participating municipalities and the Secretary of Environmental Affairs.

Review Process: The following reviews are required for a project proposed in an ACEC:

• MEPA (15) - Projects proposed in ACECs are given closer scrutiny under MEPA if they need certain state permits, use state funding, or involve state agency actions. The project review thresholds (size or type) that require filing of an Environmental Notification Form (ENF) are reduced for proposals in ACECs (301 CMR 11.03: Review Thresholds). Once an ENF is filed, the review process proceeds as described in the MEPA regulations (301 CMR 11.05: ENF Preparation and Filing).
• Waterways (Chapter 91) (21) - Chapter 91 regulations do not allow new fill in ACECs and place limits on new structures (310 CMR 9.32). Improvement dredging is permissible only for fishery and wildlife enhancement. Dredged material disposal is prohibited except for beach nourishment, dune construction or stabilization, or enhancement of fishery or wildlife resources (310 CMR 40.00).
• Wetlands (17) - The performance standard is raised to “no adverse effects” except for maintenance dredging for navigational purposes of “Land Under the Ocean” (310 CMR 10.24).

Forms: The following forms are required for each regulatory program:

• MEPA - Environmental Notification Form and Environmental Impact Report: Form and Content of EIR at www.mass.gov/envir/mepa/thirdlevelpages/downloads.htm.
• Waterways - Chapter 91 Waterways License at www.mass.gov/dep/water/approvals/wwforms.htm#c91.
• Wetlands - Notice of Intent at www.mass.gov/dep/water/approvals/wpaform3.pdf - (PDF, 114 KB)

Fees: No additional fees for projects proposed in ACECs.

Website: www.mass.gov/dcr/stewardship/acec/.

Contact: DCR ACEC Coordinator (617) 626-1394 or (413) 586-8706.