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Natural Heritage and Endangered Species

Natural Heritage LogoMassachusetts Endangered Species Act (MESA)

Exemptions from Review for Projects
or Activities in Priority Habitat (321 CMR 10.14)

The following Projects and Activities shall be exempt from the requirements of 321 CMR 10.18 through 10.23:

  1. Agriculture and Aquaculture. The normal maintenance and improvement of land in agricultural or aquacultural use. This exemption shall continue only so long as such land remains in agricultural or aquacultural use. Land in agricultural use does not include those portions of a site that are not in such use and are not designated fallow land. The normal maintenance and improvement of land in agricultural or aquacultural use does not include site preparation for purposes of conversion to another, non-agricultural or non-aquacultural use;
  2. the maintenance, repair, or replacement, the vertical expansion, or additions that do not exceed 20% of the footprint of existing commercial and industrial buildings, multifamily and mixed use structures within existing paved areas and lawfully developed and maintained lawns or landscaped areas;
  3. the maintenance, repair, or replacement, the vertical expansion, or additions that do not exceed 50% of the footprint of an existing single family or two family home within existing paved and lawfully developed and maintained lawns or landscaped areas;
  4. construction of sheds and other out-buildings within existing paved areas and lawfully developed and maintained lawns or landscaped areas;
  5. construction, repair, replacement or maintenance of septic systems, utility lines, sewer lines, wastewater treatment systems, or residential water supply wells within existing paved areas and lawfully developed and maintained lawns or landscaped areas;
  6. installation, repair, replacement, and maintenance of utility lines (gas, water, sewer, phone, electrical) for which all associated work is within ten feet from the edge of existing paved roads;
  7. routine operation and maintenance on existing electrical, gas, and telecommunication distribution and transmission lines and existing substations, provided that the operation and maintenance are part of an operation and maintenance plan approved by the Division, for which a review fee shall be charged, the amount of which shall be determined by the commissioner of administration under the provisions of M.G.L. c.7, §3B;
  8. the maintenance, repair or replacement, but not widening, of existing paved roads, shoulder repair that does not exceed 4 feet from an existing travel lane, paved driveways, and paved parking areas, but not including parking areas on barrier beaches, coastal beaches, coastal dunes, or salt marshes, as defined by the Massachusetts Wetlands Protection Act (c. 131 § 40 and 310 CMR 10.00), and not including actions that are likely to result in changes in storm water drainage;
  9. the maintenance or replacement but not the expansion of existing lawns and landscaped areas;
  10. performance of customary land surveying activities, wetland resource area delineations, environmental assessments and investigations performed in accordance with M. G. L. c. 21E, and other customary preliminary site investigations;
  11. The active management of State-listed Species habitat, including but not limited to mowing, cutting, burning, or pruning of vegetation, or removing exotic or invasive species, for the purpose of maintaining or enhancing the habitat for the benefit of rare species, provided that the management is carried out in accordance with a habitat management plan approved in writing by the Division, and;
  12. The management of vegetation within existing utility rights-of-way provided that the management is carried out in accordance with a vegetation management plan approved in writing by the Division prior to the commencement of work for which a review fee shall be charged, the amount of which shall be determined by the commissioner of administration under the provisions of M.G.L. c.7, §3B;

Proponents should note that they may also need to file under the Wetlands Protection Act if their project is within Estimated Habitat for state-listed animal species, even if their project meets the MESA filing exemptions.