Skip to Content

General Laws

Section 26B. The following definitions shall apply to section twenty-six A, section twenty-six C, and to sections twenty-seven to twenty-seven C, inclusive:—

“Adverse effect”, (1) the destruction or alteration of all or part of a site, (2) the isolation or alteration of a site’s surrounding environment, (3) the introduction of visual, audible or atmospheric elements that are out of character with the site or alter its setting, (4) the neglect of a site resulting in deterioration or destruction, or (5) the transfer or sale of the site without adequate conditions or restrictions regarding preservation, maintenance or use.

“Effect”, any change in the integrity of the location, design, setting, material, workmanship, feeling or association of the site.

“Field investigation”, the study of the traces of human culture or other remains at any land or water site by means of surveying, digging, sampling, excavating or removing surface or subsurface objects, or the entrance onto a site with that intent.

“License”, a permit determination, order or other action, including the issuance of a lease, license, permit, certificate, variance, approval, or other entitlement for use, granted to any person, firm, or corporation, including trusts, voluntary association or other forms of business organizations by a state body for a project but shall not include a general entitlement to a person to carry on a trade or profession or to operate mechanical equipment which does not depend upon the location of such trade or operation.

“Project”, action, activity, program, construction, or land modification, including, but not limited to, a building or structure, either directly undertaken by a state body, or which, if undertaken by a private person, in whole or in part seeks the provision of financial assistance by a state body or, in whole or in part requires the issuance of a license by a state body.

“Site”, any building, structure, district or area including those underground, that is one hundred and fifty years old or more and significant in the history, archeology, architecture or culture of the nation, the commonwealth or its communities as determined by the commission.

“Specimens”, all relics, artifacts, remains, objects, or any other evidence of a historical, prehistorical, archeological, anthropological or paleontological nature fifty years old or more which may be found below or on the surface of the earth, and which have scientific, historical or archeological value, including but not limited to objects of antiquity, aboriginal, colonial or industrial relics, and archeological or paleontological samples.

“State body”, any agency, executive office, department, board, commission, bureau, division, or authority of the commonwealth established to serve a public purpose.

Error