As of January 6, 2023, Ecological Restoration Projects are subject to streamlined review by MEPA. Refer to 301 CMR 11.01(2)(b)(4) for additional details.
Please note that the below does not apply to Ecological Restoration Limited Projects under 310 CMR 10.24(8) and 10.53(4).
The review process for Ecological Restoration Projects is as follows:
- Submit a Notice of Ecological Restoration Project to MEPA at least 60 days prior to filing the NOI. A template for this notice may be found here.
- MEPA publishes the Notice in the Environmental Monitor for a 20-day comment period.
- Secretary has 10 days after the close of the comment period to issue a Certificate requiring an Environmental Notification Form (ENF) submittal.
- If no ENF is required, Agencies may issue Permits that are required to obtain a Restoration Order of Conditions, provided that the Permit is conditioned on the ultimate issuance of the Restoration Order of Conditions.
- If the Restoration Order of Conditions is denied, the project must undergo MEPA review and Agency Permits may be revised.
- If the project is ultimately permitted as an Ecological Restoration Limited Project, the project must undergo MEPA review and Agency Permits may be revised.
If there is an Environmental Justice (EJ) population within the Designated Geographic Area (DGA), the project must comply with the Advanced Notification requirements prior to submitting the Notice of Ecological Restoration Project to MEPA. In addition to providing Advanced Notification (if required), the template for the Notice of Ecological Restoration Project under 301 CMR 11.01(2)(b)4 requires identification of Environmental Burdens and/or Environmental Benefits that may result for the EJ populations by reason of the project.
A flowchart of the streamlined process for Ecological Restoration Projects is available here.