Section 18B. (a) The secretary shall serve as the administrator of tidelands. The secretary may appoint an individual or individuals to assist him in carrying out the duties of his office. The duties of this office may be exercised in combination with other duties, as the secretary shall see fit.
(b) The secretary shall conduct and complete a public benefit review for any proposed project that is: (i) subject to the licensing provisions of section 13 or 18; or (ii) geographically located on landlocked tidelands, and in either case is required to file hereafter an environmental impact report pursuant to chapter 30. The secretary may conduct and complete a public benefit review for any proposed project that is: (i) subject to the licensing provisions of said section 13 or 18; or (ii) geographically located on landlocked tidelands and in either case is required to file hereafter an environmental notification form pursuant to chapter 30. The public benefit determination of the secretary shall not supersede said chapter 30 or this chapter or any rules or regulations promulgated pursuant thereto and shall not delay the issuance of a license pursuant to this chapter or the completion of a review or any step thereof pursuant to said chapter 30. At the completion of said review, the secretary shall make a public benefit determination, the goal of which shall be to publish on the public record a written public benefit determination of the project.
In making said public benefit determination, the secretary shall consider the purpose and effect of the development; the impact on abutters and the surrounding community; enhancement to the property; benefits to the public trust rights in tidelands or other associated rights, including, but not limited to, benefits provided through previously obtained municipal permits; community activities on the development site; environmental protection and preservation; public health and safety; and the general welfare; provided further, that the secretary shall also consider the differences between tidelands, landlocked tidelands and great ponds lands when assessing the public benefit and shall consider the practical impact of the public benefit on the development.
The secretary shall promulgate regulations that may, among other things, exempt from the public benefit determination process the development of certain parcels of land, or certain activities, uses and structures on the land that are determined to be of de minimus impact. The regulations shall also establish timelines and procedures for the public benefit review, and the regulations may combine the public benefit review with the environmental review under chapter 30.
Any state or local agency holding a public comment period pursuant to chapter 30 or this chapter shall provide copies of all written testimony submitted during said public comment period to the secretary.
The secretary shall provide the determination of public benefit to the department, and if there is an appeal of a decision or license issued by the department, to the division of administrative law appeals.
The department shall incorporate the public benefit determination of the secretary in the official record.
(c) The secretary shall designate an individual to serve as the chapter 91 public information officer. The chapter 91 public information officer shall answer questions about the chapter 91 process, providing history and context regarding chapter 91 and the public benefits process as it pertains to this chapter.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Section 2 - Duties of Public Works Department Relative to Commonwealth Lands
Section 3 - Powers as to Boston Harbor
Section 4 - Improvement of Boston Harbor; Access to Piers, Railroads, Etc.
Section 5 - Power to Take or Purchase Real Property
Section 6 - Power to Lease Piers, etc.; Port of Boston Fund
Section 7 - Piers, etc.; Freight Loading Equipment; Rules and Regulations
Section 8 - Acquisition of Apple Island and Shore Lands
Section 9 - Utilization Plans for Acquired Property
Section 10 - Powers and Duties Relative to Harbors, Etc.
Section 10c - Docking of Commercial Vessels; Permits; Applications; Appeal
Section 10d - Scuba Divers and Skin Divers; Access to Commonwealth Tidelands
Section 11 - Improvement and Preservation of Rivers, Streams, Harbors, Etc.
Section 12 - License for Structures in Connecticut, Westfield and Merrimack Rivers
Section 13 - Licenses for Booms in Connecticut River and Structures in Great Ponds
Section 15 - Revocation and Expiration of Authority or License; Exception; Mortgageable Interest
Section 16 - Cessation, Determination of Authority or License for Non-Use
Section 17 - Construction of Licenses; Approval
Section 18 - Application for License; Notice; Hearings; Records
Section 18a - Public Access to Great Ponds; Petition
Section 19 - Restriction on Structures in Great Ponds
Section 19a - Lowering Waters of Great Ponds; Penalty
Section 20 - Supervision by Department of Erections Under Legislative Grants
Section 21 - Compensation for Displacement of Tidewater
Section 22 - Compensation When Title to Land Is in Commonwealth
Section 23 - Unauthorized Work in Public Waters; Public Nuisances
Section 24 - Money Paid Into General Fund
Section 25 - Supervision of Province Lands
Section 26 - Exemption of Portion of Province Lands From Certain Provisions of Law
Section 27 - Bounds of Province Lands; Regulations
Section 28 - Unlawful Existing Structures
Section 30 - Removal of Gravel, Sand, Stones, Etc. From Beaches; Notice; Penalty
Section 31 - Surveys and Improvements for Preservation of Harbors
Section 32 - Survey of Connecticut River
Section 33 - Improvement of Topographical Survey of Commonwealth; Sale of Maps
Section 34 - Establishment of Harbor Lines
Section 35 - Great Ponds; Definition
Section 36 - Applications to Congress for Appropriations for Harbors
Section 37 - Enforcement of Stipulations in Deeds From Commonwealth
Section 38 - Definitions Applicable to Secs. 38 to 48
Section 39 - Willful Abandonment of Vessel on Public Lands or Shores of the Commonwealth
Section 41 - Failure of Owner or Lienholder to Claim Vessel; Application for Title by Claimant
Section 42 - Granting of Title to Claimant
Section 43 - Removal, Destruction or Sale of Vessel by Claimant After Receipt of Title
Section 43a - Removal of Obstructing Vessel by Department; Department as Claimant
Section 43b - Penalty for Willful Abandonment of Vessel; Exceptions
Section 43c - Fraudulent Claim to Abandoned Vessel; Penalty
Section 43d - Rules and Regulations Relating to Secs. 38 to 43c
Section 44 - Liability of Insurer
Section 45 - Application to Federal Government for Reimbursement
Section 46 - License for Breaking Up and Disposing of Floating Structures
Section 46a - Violations of Sec. 46; Penalty
Section 47 - Application for License; Issuance; Conditions; Bond
Section 48 - Failure to Comply With Terms of License; Completion of Work by Department
Section 49a - Removal of Whales or Other Mammals From Tidewaters
Section 51 - Impairment of Right or Authority Derived From Federal Government
Section 54 - Dumping; Notice; Inspector; Cost of Supervision
Section 55 - Penalty for Violating Secs. 52 to 54
Section 56 - Application of Secs. 52 to 55 to Federal Government and Its Agents
Section 57 - Jurisdiction of Supreme Judicial Court
Section 58 - Arrest Without Warrant
Section 59a - Tort Liability for Discharge or Deposit of Crude Petroleum or Products; Double Damages