How to file for a MESA project review

Proponents with projects and activities within state-listed species habitat must file with the NHESP for review and approval before project initiation. This ensures that you are in compliance with the Massachusetts Endangered Species Act (MESA) and its implementing regulations (321 CMR 10.00). These habitats are mapped as Priority and Estimated Habitats. Please see our online viewer to determine if your project location is mapped.

Project or Activity means any action, including, but not limited to:

• grading, excavating, filling, demolition, draining, dumping, dredging, or discharging;
• the erection, reconstruction, or expansion of any buildings or structures;
• the construction, reconstruction, improvement or expansion of roads and other ways;
• the installation of drainage, sewage and water systems;
• beach nourishment or dune building;
• the construction or reconstruction of seawalls, groins, dikes, jetties or retaining walls; or the destruction of plant life.

Project proponents should submit a MESA Project Review Checklist, filing fee, and the required information outlined on the Checklist.

Under the Wetlands Protection Act, if a project is located within Estimated Habitat and a Notice of Intent (NOI) is required, a copy of that NOI must be sent to the NHESP (no later than the date for filing of the NOI with the Conservation Commission) for review. For more information, see Rare Species and the Wetlands Protection Act.

NOTE:  DEP and NHESP have also developed a Streamlined Notice of Intent process for projects that must be reviewed under both MESA and WPA.

Checks should be made payable to Comm. of MA - NHESP.

For larger or more complex projects, we recommend requesting a pre-filing consultation early in the planning process to discuss and proactively address potential MESA issues. See Request a Pre-filing Consultation for more information.  

We understand that certain project types are unlikely to result in harm to state-listed species, such as normal maintenance of agricultural lands and work within existing and legally developed lawn, landscaped and paved areas. Other project types, such as non-commercial forest and habitat management, may be compatible with and or actually benefit state-listed species when implemented under a pre-approved plan. Therefore, we have created exemptions for certain projects or activities within Priority Habitat (321 CMR 10.14) from the standard MESA review process outlined above. If you are unsure whether your project meets an exemption from MESA review at 10.14, please request a pre-filing consultation and provide all relevant information.

We also understand that there are project proponents who have taken significant action towards implementing a project in reliance on an earlier edition of the Atlas that showed that the project site was not located in Priority Habitat but have since been mapped. Some such projects may not be subject to MESA review if certain permitting milestones (pursuant to 10.13(2)) have been met.

A failure to file under MESA or adhere to the conditions of a MESA determination or Conservation and Management Permit shall constitute a violation of MESA and is subject to a fine (pursuant to 10.06).