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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIX AGRICULTURE AND CONSERVATION
  • CHAPTER 132A STATE RECREATION AREAS OUTSIDE OF THE METROPOLITAN PARKS DISTRICT
  • Section 18 Permits, approvals, certificates and licenses; ocean development mitigation fee

Section 18. All departments, divisions, commissions, or units of the executive office of energy and environmental affairs and other affected agencies or departments of the commonwealth shall issue permits or licenses for activities or conduct their activities consistently with the act, and shall not permit or conduct any activity which is contrary to the provisions of the Act. Except as provided by sections 16G to 16K, inclusive, the Act shall not require any additional permits from the office, but other departments, divisions, commissions, units, or other agencies shall confer and consult with the office to ensure compliance with the Act. The attorney general or the appropriate state agency shall take such action as may be necessary from time to time to enforce the provisions of the Act, and the superior court shall have jurisdiction to enforce the provisions thereof. The department shall establish regulations to the extent needed for the proper administration of the act and to preserve and protect the appearance, ecology and marine resources of the waters of the sanctuary and meet the water quality standards and goals of the federal Clean Water Act and Massachusetts Clean Waters Act.

Any permit, approval, certificate or license issued by a department, division, commission, or unit of the executive office of energy and environmental affairs and other affected agencies or departments of the commonwealth for activities or conduct consistent with this chapter shall be subject to an ocean development mitigation fee as shall be established by the secretary of energy and environmental affairs; provided, however, that no fee shall be assessed on commercial and recreational fishing permits or licenses or on department permits or approvals of new or modified discharges of wastewater from POTWs. All the proceeds of the ocean development mitigation fee shall be deposited in the Ocean Resources and Waterways Trust Fund established pursuant to section 35HH of chapter 10.