Overview
On January 20, 2023, the Federal Highway Administration (FHWA) formally agreed to serve as lead federal agency for the Program. On August 11, 2023, FHWA determined the Program proceed into the National Environmental Policy Act (NEPA) process as an Environmental Impact Statement (EIS).
The Program is also subject to review under Massachusetts Environmental Policy Act (MEPA), 301 Code of Massachusetts Regulations (CMR) 11.00, as it triggers mandatory Environmental Notification Form and Environmental Impact Report (EIR) thresholds. MassDOT initiated environmental review on April 28, 2023, through the filing of an ENF with the Secretary of the Massachusetts EEA. The ENF was published in the Environmental Monitor on May 10, 2023. The Secretary of the EEA issued a Certificate on the ENF on July 7, 2023, which included a scope of work for the Draft EIR.
As a designated major infrastructure project, the Program will be reviewed under the One Federal Decision (OFD) framework enacted through the Infrastructure, Investments, and Jobs Act (IIJA) to establish coordinated, transparent, and timely processes for conducting environmental reviews and making authorization decisions. The IIJA, signed into law, as the Bipartisan Infrastructure Law (BIL), modified the NEPA environmental review process. Among the modifications are requirements for a single environmental document limited to 200 pages to the extent practicable and specific completion periods, including a two-year period for EISs.
Under the OFD framework and in consultation with FHWA, MassDOT will conduct concurrent environmental analyses meeting NEPA and MEPA requirements and will prepare a combined NEPA/MEPA document in the form of a joint EIS/EIR.
The following agencies, which have jurisdiction by law or special expertise regarding any potential environmental impact associated with the Cape Cod Bridges Program, are serving as Cooperating Agencies in the EIS development process:
- US Army Corps of Engineers (USACE)
- US Coast Guard (USCG)
- US Fish and Wildlife Service (USFWS)
- US Environmental Protection Agency (EPA)
- Massachusetts State Historical Commission (State Historic Preservation Officer)
- Massachusetts Department of Environmental Protection (DEP/Southeast Regional Office)
- Massachusetts Department of Fish and Game
- Massachusetts Environmental Policy Act (MEPA) / Executive Office of Energy and Environmental Affairs (EOEEA)
- Massachusetts Office of Coastal Zone Management
- National Marine Fisheries Service/Greater Atlantic Regional Fisheries Office (NOAA/NMFS/GARFO)
FHWA published a Notice of Intent (NOI) to prepare an EIS for the Cape Cod Bridges Program in the Federal Register on February 29, 2024. Publication of this NOI formally begins the NEPA process and initiates the scoping period to solicit public and agency comments on any element of the Program including the Purpose and Need for proposed action; Alternatives Retained for Detailed Study; and potentially significant adverse environmental impacts to be evaluated in the EIS. A Supplementary NOI Document, providing additional Program background and information to support the NOI, is also available for public review in the Federal Register.
MassDOT has filed the Draft Environmental Impact Report (DEIR) for the replacement of the Cape Cod Bridges with the Massachusetts Environmental Policy Act (MEPA) Office. The DEIR represents a significant milestone in the state environmental review process and will be available for public review in the September 10 edition of the Environmental Monitor, initiating the public comment period for the document.
At MassDOT’s request, the public comment period has been extended from 30 to 44 days to ensure the public has sufficient time to review and comment on the document. The MEPA Office will accept public comments from September 10, 2025, through October 24, 2025.
A DEIR Open House will also be held at the Bourne Veteran’s Memorial Community Center, on Thursday, September 25, from 3 p.m., through 7 p.m.
Public comments can be submitted through the MEPA Public Comment Portal, by email to: Nicholas.Moreno@mass.gov, or via U.S. mail to: Secretary of Energy and Environmental Affairs, Executive Office of Energy and Environmental Affairs (EEA), Attn: MEPA Office, Nicholas Moreno, 100 Cambridge Street, Suite 900, Boston MA 02114. Please reference EEA# 16695 in all correspondence.
While the original intent was to submit a single, joint environmental document addressing both state (MEPA) and federal (National Environmental Policy Act, NEPA) requirements, MassDOT has opted to file the DEIR first, followed by the Draft Environmental Impact Statement (DEIS) under NEPA. This phased approach is designed to provide the public with ample opportunity to review and comment on each document individually, ensuring a thorough and transparent environmental review process.
FHWA anticipates publishing Notice of Availability of the DEIS in the Federal Register in late summer/early fall 2025 which will initiate a 45-day public comment period. As part of the DEIS public comment period, Cooperating Agencies will also review and identify any additional information needed for federal and state permits or approvals. FHWA and MassDOT will host one public meeting on the DEIS no sooner than 14 days following publication of the Notice of Availability. Details including date, time and location of the DEIS public meeting will be provided at least two weeks before the event.
A combined Final EIS/Record of Decision (ROD) Document is expected to be issued in late winter 2026. A Notice of Availability of the combined Final EIS/ROD will be published in the Federal Register, announcing FHWA’s decision and conclusion of the NEPA process.