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    	301 CMR 11.00: MEPA REGULATIONS
    	Section 11.11: Waivers
        (1) Standards for All Waivers.
    	The Secretary may waive any provision or requirement in 301 CMR 11.00 not specifically required by MEPA and may 
        impose appropriate and relevant conditions or restrictions, provided that the Secretary finds that strict compliance 
        with the provision or requirement would:
    	
        	- (a) result in an undue hardship for the Proponent, unless based on delay in compliance by the Proponent; and
- (b) not serve to avoid or minimize Damage to the Environment.
(2) Presumptions To Be Rebutted for EIR Waiver.
    	The mandatory EIR review thresholds identify Projects or aspects thereof that are presumed to have particularly significant 
        environmental impacts, and for which an EIR is presumed to benefit the Project and the environment. Consequently, a waiver of 
        an EIR review threshold shall follow the review of an ENF and shall be based on a rebuttal of these presumptions.
        (3) Determinations for EIR Waiver.
    	In the case of a waiver of a mandatory EIR review threshold, the Secretary shall at a minimum base the finding required 
        in accordance with 301 CMR 11.11(1)(b) on a determination that:
    	
        	- (a) the Project is likely to cause no Damage to the Environment; and
- (b) ample and unconstrained infrastructure facilities and services exist to support the Project (in the case 
            of a Project undertaken by an Agency or involving Financial Assistance) or those aspects of the Project within subject 
            matter jurisdiction (in the case of a Project undertaken by a Person and requiring one or more Permits or involving a 
            Land Transfer but not involving Financial Assistance).
The Proponent may provide evidence satisfactory to the Secretary that the Agency Action on the Project will contain terms 
        such as a condition or restriction that will cause benefits to environmental resources or quality or infrastructure facilities 
        or services in excess of those that would result in the absence of the waiver.
        (4) Determinations for Phase One Waiver.
    	In the case of a partial waiver of a mandatory EIR review threshold that will allow the Proponent to proceed with phase 
        one of the Project prior to preparing an EIR, the Secretary shall base the finding required in accordance with 301 CMR 
        11.11(1)(b) on a determination that:
    	
        	- (a) the potential environmental impacts of phase one, taken alone, are insignificant;
- (b) ample and unconstrained infrastructure facilities and services exist to support phase one;
- (c) the Project is severable, such that phase one does not require the implementation of any other 
            future phase of the Project or restrict the means by which potential environmental impacts from any other phase 
            of the Project may be avoided, minimized or mitigated; and
- (d) the Agency Action on phase one will contain terms such as a condition or restriction in a Permit, 
            contract or other relevant document approving or allowing the Agency Action, or other evidence satisfactory to 
            the Secretary, so as to ensure due compliance with MEPA and 301 CMR 11.00 prior to Commencement of any other 
            phase of the Project.
(5) Request for Waiver.
    	A Proponent shall request a waiver in writing and shall address with particularity any findings that the Secretary is 
        required to make in accordance with 301 CMR 11.12(1), (2), (3) and (4). The Proponent who requests a waiver shall be 
        deemed to consent to an extension of the review period in accordance with 301 CMR 11.12(6). The Secretary shall publish 
        notice of this request in the next Environmental Monitor in accordance with 301 CMR 11.16(2).
        (6) Secretary's Decision on Waiver.
    	If the Secretary decides that a waiver request has merit, the Secretary shall prepare a record 
    	of decision that describes the Project, the nature and extent of MEPA jurisdiction, and the potential environmental impacts from 
    	the Project and mitigation measures, and sets forth the reasons for the waiver, including any findings required in accordance with 
    	301 CMR 11.11(1), (2), (3), and (4). The Secretary shall issue a draft record of decision for each waiver or partial waiver of an 
    	EIR review threshold and publish the draft record of decision in the next Environmental Monitor in accordance with 301 CMR 11.15(2), 
    	which begins the public comment period. The public comment period lasts for 14 Days, unless extended by the Secretary with the 
    	consent of the Proponent. An extension shall not ordinarily exceed 14 Days. During the public comment period, the Secretary shall 
    	receive written comments into the record from any Agency or Person concerning the draft record of decision. The Secretary shall issue 
    	a final record of decision or a Scope within seven Days after the close of the public comment period. The Secretary shall publish 
    	notice of each decision on a waiver request in the next Environmental Monitor in accordance with 301 CMR 11.15(2).
        Disclaimer: This online edition is not the official version of the MEPA Regulations, and may not reflect any recently promulgated changes. 
        While reasonable efforts have been made to assure the accuracy of the text provided, do not rely on this information without first checking 
        an official edition available through the State House Bookstore, the State library, county law libraries, or your local library.