SENATE DOCKET, NO. 73 FILED ON: 1/11/2013
SENATE . . . . . . . . . . . . . . No. 345
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The Commonwealth of Massachusetts
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PRESENTED BY:
Gale D. Candaras
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to land taking regulations.
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PETITION OF:
Name: | District/Address: |
Gale D. Candaras | First Hampden and Hampshire |
Randy Hunt | 5th Barnstable |
Michael R. Knapik | Second Hampden and Hampshire |
Susan Williams Gifford | 2nd Plymouth |
Joseph F. Wagner | 8th Hampden |
SENATE DOCKET, NO. 73 FILED ON: 1/11/2013
SENATE . . . . . . . . . . . . . . No. 345
By Ms. Candaras, a petition (accompanied by bill, Senate, No. 345) of Gale D. Candaras, Randy Hunt, Michael R. Knapik, Susan Williams Gifford and others for legislation relative to land taking regulations. Environment, Natural Resources and Agriculture. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1854 OF 2011-2012.]
The Commonwealth of Massachusetts
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In the Year Two Thousand Thirteen
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An Act relative to land taking regulations.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding any general or special law to the contrary, the Massachusetts Division of Fisheries and Wildlife, hereafter referred to as the “Division”, shall not promulgate any regulation under the auspices of M.G.L. c. 131A which may result in the taking or restriction of land, including restrictions resulting from the issuance of a permit, unless such regulation is in accordance with processes set out in M.G.L. c 131A §§4-5 and such land is deemed Significant Habitat as defined by M.G.L. c. 131A §1.
SECTION 2. The Division shall rescind or revise any and all regulations, including, but not limited to 321 CMR 10.11-10.26 et seq., which may involve the taking or restriction of land, including restrictions resulting from the issuance of a permit, unless such regulation is in accordance with processes set out in M.G.L. c 131A §§4-5 and such land is deemed Significant Habitat as defined by M.G.L. c. 131A §1.
SECTION 3. The Division shall have 180 days from the date of this law taking effect to rescind or revise regulations pursuant to Section 2. If after 180 days such regulations are not rescinded, 321 CMR 10.11-10.26 et seq. shall be considered rescinded.