Regulatory Reform at MassDEP and Amendments to the Wetlands Protection Act. AMWS Conference November 16, 2012

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1 Regulatory Reform at MassDEP and Amendments to the Wetlands Protection Act AMWS Conference November 16, 2012

2 Background MassDEP 2002 MassDEP 2011 State budget cuts begin MassDEP budget significantly reduce budget from $65M to $46M Disinvestments in program functions MassDEP staff cut from 1,200 full time equivalents to approximately 840 (current numbers) To strategically cope with budget cuts Think and act differently given the current budget constraints Position the agency to meet the challenges of the future Bottom line: Regulatory Reform is a high priority in the Commonwealth and MassDEP.

3 Gathering Ideas for Reforms Moving Towards Promulgation Public process began with stakeholder input on Draft Action Plan March 2011 Wetlands and Waterways stakeholder meetings held December 2011 March 2012 Final Action Plan on the Website: inal.htm MassDEP has drafted regulatory changes for public comment. Promulgation early to mid-2013.

4 Principles followed in selection process No weakening of environmental standards No need to increase staff. Aim is to enable agency to manage our current duties with current staff levels: Finding time savings No legislative changes needed must be able to be implemented by the agency directly

5 Principles followed in selection process No transfer of responsibilities to municipalities No changes to the work driven by our federal obligations Note: Some ideas are being otherwise pursued (IT, more complex policy questions)

6 Theme: Disinvest from Low-Value Activities Focus agency & business time where environmental / public health value is added, and accelerate shovel-in-the-ground: c.91 Small Dock & Pier General License Wetlands: Instantaneous File Number Issuance; Targeted Permit Review (SOCs); Exemption for certain public good projects in outer 50 of buffer zone (highway & utility maintenance) Concurrent Programmatic Reviews for Waterfront Projects (c.91 License, Wetlands & MEPA)

7 Theme: Incentivize Good Behavior Renewable Energy Projects (access roads,...) Ecological Restoration (stream day-lighting..) Pilot Technology Projects (temporary & small scale for data-gathering)

8 Wetlands and Waterways Changes Permit Consolidation for coastal/dredging projects Single Application for WPA, 401, and c.91 Single Permit under WPA, 401, and c.91 General permitting for ecological restoration projects. For example: dam removal, stream daylighting, shellfish habitat restoration, fish passage, removing tidal restrictions (WPA) Exemption for resources created by stormwater management structures Promotes O & M for existing structures Filing requirements will apply to new structures proposed within resource areas.

9 Wetlands Protection Changes Incentivize preservation of Buffer Zone Consensus not reached on content of General Permit for outer 50 feet Adding new language to minor exemptions section related to utility installation Roadway maintenance Targeted Review by MassDEP- New SOP Assign WPA File Numbers immediately upon NOI submittal Limit NOI review and oversight in order to concentrate resources on SOC appeals to DEP while supporting Con Coms Strategically deploy SOC review on projects with significant resource area impacts Use Wetland Information Resource (WIRe) tracking system to implement this SOP

10 Wetlands Protection Changes Limited Project status for Renewable Energy Projects under WPA: Access roads A regulatory path for piloting new technologies (renewable energy technologies and others) WPA, Chapter 91 and 401

11 Waterways - Chapter 91 Changes New Policy on Extended License terms Coordinating license issuance with MEPA and Wetlands Protection permitting process Allows c. 91 review to start during MEPA process General License for small docks and piers Statutory amendment Eligibility criteria for inland and coastal docks Certification process created for coverage

12 Please comment on draft regulations! Coming soon Public notice versions of draft regulatory changes have been approved by EOEEA and Governor s office Notice to Legislative Committees (approval is required for promulgation) in the next few weeks. Public Comment Period anticipated in late January or early February, 2013 Final promulgation completed by the end of the year

13 Chapter 238 of the Acts of 2012 An Act relative to infrastructure investment, enhanced competitiveness and economic growth in the Commonwealth Abutter Notification: Section 49 Emergency Provisions: Section 50 Sewer: Section 48 Permit Extension Act: Sections 74 and 75

14 Abutter Notice Current Abutter Notice Provisions: Any person filing a Notice of Intent shall at same time give notice to all abutters within 100 feet of the property line of the land where the activity is proposed. Abutter is owner of land abutting the activity sharing a common boundary or corner with the site of the proposed activity in any direction including land located directly across a street, river, stream, brook, or canal. If separated from street or body of water, notification also to property owners not unreasonably distant from the project site.

15 Application of New Exceptions Abutter notice provisions apply to all abutters within 100 feet of project, unless project locus is: LUW 50+ acres Linear shaped project Existing abutter provisions continue to apply to all inland (non-luw), <50 acres, linear shaped projects < 1,000 feet. Abutter - preserves 10.05(7)(a) appeal rights of any owner of land abutting the land on which the work is to be done

16 Proposed Regulatory Provisions Linear Shaped Project: for purposes of 310 CMR 10.05(4) means a project that is substantially longer than it is wide and is a project for the construction, reconstruction, expansion, repair or maintenance of facilities that will be used in the service of the public to provide electric, gas, water, telephone, telegraph and other communication services, a project by a public agency or authority for the construction, reconstruction, expansion, repair or maintenance of public roads or bike paths, or a project involving the construction of public railways. Project Site : means the area within the Project Locus that comprises the limit of work for the following proposed activities: dredging, excavating, filling, grading, the erection, reconstruction or expansion of a building or structure, the driving of pilings, the construction or improvement of roads or other ways, and the installation of drainage, stormwater treatment, environmentally sensitive site design practices, sewage and water systems. Project Locus : means the lot on which an applicant proposes to perform an activity subject to regulation under M.G.L. c. 131, 40.

17 Linear Shaped Projects

18 Projects on Lots > 50 Acres

19 Projects on Land Under Water

20 Greenfield, MA August 2011

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22 Shelburne Falls, MA August 2011

23 Greenfield, MA August 2011

24 Emergencies and the Wetlands Act Emergency Certification process Emergency Regulations Promulgated for storm related clean up across large geographic areas Statutory amendment effective on November 5, 2012 authorizes Commissioner to issue an Emergency Declaration specifying activities and locations where work in wetlands and buffer zone may occur without individual Emergency Certification

25 Thank you! Lealdon Langley, Director Wetlands and Waterways Program Bureau of Resource Protection (617)