Massachusetts Climate Change State Regulations from 2009
(Requires agencies to withhold permits on floodplains and areas of flooding sensitivities.)
Heidi Davis
Acting Section Chief, Wetlands Program Bureau of Resource Protection
MassDEP NERO
As of 2009, Massachusetts General Laws include the highlighted text below as part of Section 61 of Chapter 30, which is part of Title III or Part I of the Massachusetts General Laws. It is my understanding that this text applies to state agencies such as the DEP when they are issuing permits under the WPA.
CHAPTER 30 GENERAL PROVISIONS RELATIVE TO STATE DEPARTMENTS, COMMISSIONS, OFFICERS AND EMPLOYEES
Section 61. All agencies, departments, boards, commissions and authorities of the commonwealth shall review, evaluate, and determine the impact on the natural environment of all works, projects or activities conducted by them and shall use all practicable means and measures to minimize damage to the environment. Unless a clear contrary intent is manifested, all statutes shall be interpreted and administered so as to minimize and prevent damage to the environment. Any determination made by an agency of the commonwealth shall include a finding describing the environmental impact, if any, of the project and a finding that all feasible measures have been taken to avoid or minimize said impact.
In considering and issuing permits, licenses and other administrative approvals and decisions, the respective agency, department, board, commission or authority shall also consider reasonably foreseeable climate change impacts, including additional greenhouse gas emissions, and effects, such as predicted sea level rise.
As used in this section and section sixty-two, “damage to the environment” shall mean any destruction, damage or impairment, actual or probable, to any of the natural resources of the commonwealth and shall include but not be limited to air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, reduction of groundwater levels, impairment of water quality, increases in flooding or storm water flows, impairment and eutrophication of rivers, streams, flood plains, lakes, ponds, or other surface or subsurface water resources; destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks, or historic districts or sites. Damage to the environment shall not be construed to include any insignificant damage to or impairment of such resources.
My understanding is that the highlighted text became part of official law in 2009, and was added as a result of the Acts of 2008, which included Section 7 of Chapter 298, An Act enhancing Global Warming Solutions Act:
CHAPTER 298 AN ACT ESTABLISHING THE GLOBAL WARMING SOLUTIONS ACT.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 7. Section 61 of chapter 30 of the General Laws is hereby amended by inserting after the first paragraph, as appearing in the 2006 Official Edition, the following paragraph:
In considering and issuing permits, licenses and other administrative approvals and decisions, the respective agency, department, board, commission or authority shall also consider reasonably foreseeable climate change impacts, including additional greenhouse gas emissions, and effects, such as predicted sea level rise.