Lawyer Commentary JD Supra United States Massachusetts Approves South Boston Designated Port Area

Massachusetts Approves South Boston Designated Port Area

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On May 23, 2018, the Designation Decision for the South Boston Designated Port Area (DPA) was published in the Environmental Monitor. It marks one step, but not the end of the journey, for the owner and developer of the former Boston Edison Power Plant (BECO Plant) which was decommissioned in 2007, who sought in June of 2017 to have its property, previously located within the South Boston DPA, reviewed under applicable Massachusetts regulations, 301 CMR 25.00, to determine if it continued to meet applicable criteria. Massachusetts designated port areas or DPAs were established in 1978 to protect industrial water dependent port uses with the dual policy goals of promoting water dependent industries important to the state’s economy and preventing loss of areas particularly well suited to such industries.

The Executive Office of Energy and Environmental Affairs Office of Coastal Zone Management (CZM) agreed to re-evaluate the DPA boundary surrounding the BECO Plant in July 2017. At that time it also expanded the area to be reviewed to include the entire portion of the DPA located south of the Reserved Channel between Summer Street and the easterly edge of Conley Terminal consisting of 13 parcels. Three planning units were evaluated during the year-long process: the Haul Road North Planning Unit, the Haul...

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