By virtue of the Massachusetts Environmental Policy Act (MEPA), all agencies, department, boards, commissions, and authorities of the state, as well as a few authorities of political subdivisions (such as local housing authorities and redevelopment authorities that are established by state statue) must prepare, circulate, and consider an Environmental Impact Report (EIR) 60 days prior to undertaking any project which may cause significant damage to the environment.
There are two types of municipalities in Massachusetts: cities and towns. They have primary responsibility for zoning, subdivision control, and other land use controls within their borders. Zoning and subdivision controls provide the basic framework of land use limitations with which developers, industries, and landowners must deal.
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A variety of state statutes and real estate tools deal directly or indirectly with preservation or enhancement of open space. We are working for many clients on open space issues and transactions at any given time.
Municipalities, many federal and state agencies and regional authorities may take by eminent domain, purchase or receive gifts of open space. They also may acquire less than fee interests, such as easements, covenants and other restrictions. One type of lesser interest, but very important in land conservation nationwide, is the conservation easement or conservation restriction.
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At the local level, boards of health have the primary responsibility for protecting public health in Massachusetts. Under state law, the selectmen act as the board of health, if the town has no other arrangement. G.L.c.41, §1. Selectmen also can be authorized by town meeting to appoint a board of health. G.L.c.41, §121. More often, towns decide to have a separate board of health consisting of three or more elected members. It is not widely appreciate that the board of health may be the most powerful land use control and environmental protection agency in town hall.
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