Massachusetts Temporary Right of Entry to Conduct Environmental Studies allows authorized personnel to access private properties temporarily for the purpose of conducting environmental studies. This legal provision grants the state or local agency the right to enter private lands, with the landowner's consent or through the appropriate legal procedures, in order to assess and gather vital environmental data. Under Massachusetts law, there are primarily two types of Temporary Right of Entry to Conduct Environmental Studies: 1. Statutory Right of Entry: This type of right of entry is granted when state or local agencies are empowered by specific statutes or laws to access private properties for environmental study purposes. These statutes outline the conditions and limitations associated with these studies, ensuring that they are conducted in a manner that respects landowner rights. 2. Voluntary Right of Entry: Landowners have the option to provide temporary access to their properties for environmental studies voluntarily. This can be done through formal agreements or permits obtained from the respective agencies or organizations responsible for conducting the studies. In such cases, the landowner and the agency will agree on the scope of the study, duration of access, and any necessary compensation or reimbursement for potential damages. When conducting environmental studies under the Temporary Right of Entry provisions, authorized personnel may engage in various activities, including but not limited to: — Soil sampling: Collecting samples from the property to assess the presence of contaminants or pollutants that may have significant environmental implications. — Water quality testing: Analyzing water samples from nearby water bodies, such as rivers, lakes, or wetlands, to determine potential pollution sources or water quality degradation. — Ecological surveys: Conducting surveys to identify and document the presence of endangered species, invasive species, or any other biodiversity aspects that could be impacted by proposed projects or developments. — Site assessments: Evaluating the environmental conditions of a property, including examining historical records, to determine its suitability for development or potential environmental constraints and risks. — Impact assessments: Assessing the potential impacts of proposed projects on the environment, including analyzing possible air and noise pollution, habitat destruction, or disruption of ecosystems. It's important to note that regardless of the type of Temporary Right of Entry used, landowners should be provided with proper notification, and their concerns and rights should be respected throughout the process. The Massachusetts Temporary Right of Entry to Conduct Environmental Studies aims to strike a balance between the need for environmental data and the protection of private property rights.
Massachusetts Temporary Right of Entry to Conduct Environmental Studies
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If you want to work in a wetland resource area or within 100 feet of a wetland (an area called the buffer zone), contact the conservation commission before you start work.
The Massachusetts Environmental Policy Act (MEPA) requires that state agencies study the environmental consequences of their actions, including permitting and financial assistance. It also requires them to take all feasible measures to avoid, minimize, and mitigate damage to the environment .
[1] No person shall remove, fill, dredge or alter any bank, riverfront area, fresh water wetland, coastal wetland, beach, dune, flat, marsh, meadow or swamp bordering on the ocean or on any estuary, creek, river, stream, pond, or lake, or any land under said waters or any land subject to tidal action, coastal storm ...
The lesson, says Perry, is that home builders who tamper with even small wetlands can have big problems. The trouble Perry uncovers should never take place. Wetlands are superb at purifying polluted water, replenishing aquifers and harboring wildlife. But they are almost always terrible places to build houses.
Under the Act no one may ?remove, fill, dredge, or alter? any wetland, floodplain, bank, land under a water body, land within 100 feet of a wetland, or land within 200 feet of a perennial stream or river (25 feet of a few urban rivers), without a permit (known as an Order of Conditions) from the local conservation ...
Some example of exempted activities include management of existing field edges, squaring off fields and bogs, construction of farm structures (not including habitable dwellings), etc.
Chapter 91: An Overview and Summary The oldest program of its kind in the nation, Chapter 91 regulates activities on both coastal and inland waterways, including construction, dredging and filling in tidelands, great ponds and certain rivers and streams.
Once an Order of Conditions (permit) is issued by the Conservation Commission, the Harbormaster (Chief of Police) may issue a yearly permit for seasonal and/or floating docks. However, the Massachusetts Department of Environmental Protection (DEP) issues licenses for docks with pilings (Chapter 91 license).