EOEEA accepting comments on Article 97 open space regulations

The Executive Office of Energy and Environmental Affairs is accepting comments through Jan. 22 on draft regulations relating to Article 97 of the Massachusetts Constitution.

Article 97 establishes the right to a clean environment, including natural, scenic, historical and aesthetic qualities. It also declares the conservation of natural resources as a “public purpose” and provides that land or easements subject to Article 97 shall not be used for other purposes or disposed of without a two-thirds roll call vote of each branch of the Legislature.

In November of 2022, the Legislature enacted a new section in state law that codified the requirements and process that a municipality must follow when it proposes to dispose of or change the use of property subject to Article 97. The law, known as the Public Lands Preservation Act, codified the EOEEA’s long-standing “no net loss” policy, which requires a municipality or other public entity to offset a change of use of protected open space by providing comparable replacement land.

The EOEEA is soliciting feedback on the regulatory proposal required by the 2022 law. The update (301 CMR 52: Disposition or Change in Use of Article 97 Interests) seeks to provide further procedures and requirements for proposals to change the use or dispose of land or interests in land subject to Article 97.

Visit the comment opportunity webpage for more details, including a copy of the proposed regulations.

Written comments must be submitted by 5 p.m. on Jan. 22 to Michael.gendron2@mass.gov with 301 CMR 52 in the subject line.

For more information about Article 97, see the Conservation chapter of the Massachusetts Select Board Handbook.