Budget Amendment ID: FY2012-S3-149

GOV 149

Land Taking

Ms. Candaras moved that the proposed new text be amended Ms. Candaras moved that the bill be amended by inserting after Section ______, the following new Section:-

"SECTION_____. 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  If after 180 days such regulations are not rescinded, 321 CMR 10.11-10.26 et seq. shall be considered rescinded."