Highlights of MESA Changes

On July 1, 2005 a comprehensive set of regulatory improvements to MESA (321 CMR 10.00) took effect. This is the first major revision of the Massachusetts Endangered Species Act regulations since they were first published in 1992. The new regulations clarify filing requirements and procedures, set timelines for agency response, establish filing fees, expand and add definitions, and formalize the appeal process for agency decisions.

Important changes to MESA include:

CLARIFICATION OF FILING REQUIREMENTS AND PROCEDURES

  New MESA filing requirements for projects within Priority Habitats of Rare Species. Projects not in Priority Habitat are not subject to review, with certain exceptions, as specified in the revised regulations.

  Formalized exemptions to MESA review.

  Clear guidelines for filing submissions and review process.

CLEAR REVIEW TIMELINES & FILING FEES

  Information requests – NHESP response within 30 days.

  MESA Project review – NHESP has 30 days to review application for completeness and issue File Number.

  NHESP has 60 days to complete review after issuance of File Number.

  Conservation and Management Permit applications – 30 days for NHESP approval or denial.

  Fee schedule to support MESA implementation.

OTHER

  Provisions now exist to prohibit project segmentation to evade MESA review. Factors such as interval between project phases, overall plan, and separable environmental impacts will be considered during MESA review.