Massachusetts Endangered Species Act (MESA) Appeals
(321 CMR 10.21 and 10.25)
10.21: Denial and Appeal
Record Owners for Projects or Activities that the Division has determined under 321 CMR 10.18 will result in a Take may either apply to the Director for a Conservation and Management Permit as provided in 321 CMR 10.23, or appeal the decision as provided in 321 CMR 10.25.
10.25: Appeal Process
- Adjudicatory Hearing Before the Division. Any person aggrieved by a final agency decision made pursuant to 321 CMR 10.12, 10.18 or 10.23 shall have the right to an adjudicatory hearing at the Division pursuant to M.G.L. c. 30A, § 11 in accordance with the procedures for informal hearings set forth at 801 CMR 1.02 and 1.03.
- Any notice of claim for an adjudicatory hearing shall be made in writing and be accompanied by a filing fee the amount of which shall be determined by the commissioner of administration under the provisions of M.G.L. c. 7, § 3B, and be sent to the Division by certified mail, hand delivered or postmarked within 21 days of the date of the agency final decision.
- Any notice of claim for an adjudicatory hearing shall include the
(a) the file number of the project;
(b) the complete name, address and telephone number of the person filing the request; the name, address and telephone number of any authorized representative; and the specific facts that demonstrate that a party filing a notice of claim satisfies the requirements of an "aggrieved person," including but not limited to how they have a definite interest in the matters in contention within the scope of interests or area of concern of M.G.L. c. 131A or the regulations at 321 CMR 10.00 and have suffered an actual injury which is special and different from that of the public and which has resulted from violation of a duty owed to them by the Division;
(c) a clear statement that an adjudicatory hearing is being requested;
(d) a clear and concise statement of facts which are grounds for the proceeding, the specific objections to the actions of the Division and the basis for those objections, and the relief sought through the adjudicatory hearing; and a statement that a copy of the request has been sent by certified mail or hand delivered to the applicant and the Record Owner, if different from the applicant.
- The presiding officer in an adjudicatory proceeding at the Division may allow a person who demonstrates, as required by 321 CMR 10.25(3)(b), that they are aggrieved to join or intervene in the adjudicatory proceeding.
- Judicial Review under M.G.L. c. 30A. Any person aggrieved by any final decision of the Division made under 321 CMR 10.12, 10.18, or 10.23 in an adjudicatory proceeding shall be entitled to judicial review in accordance with the provisions of M.G.L. c. 30A, § 14.
View the Final Agency Decisions page for a list of Conservation and Management Permits Issued.