DEC logoRULES AND REGULATIONS
Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3313
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 1211
Effective Date: June 2012

974 CMR 1.00: ADMINISTRATION

1.01: Preamble

  1. The Devens Enterprise Commission (the DEC) is vested with broad regulatory authority related to land use planning and permitting functions. Such permitting functions, described in St. 1993, c. 498, 11 (the Act), and in greater detail in the Devens Zoning By-Laws (the By-Laws), are those normally assumed in cities and towns by Planning Boards, Boards of Health, Conservation Commissions, Boards of Appeal, and Historic District Commissions.

    Functions include the following: (references are to applicable sections of the By-Laws unless otherwise specified):

      (a) Adoption of regulations consistent with the By-Laws and the Act.

      (b) Enforcement of By-Laws and Regulations (Article II, Section C)

      (c) Special (Short Duration) Events (in part) and Earth Removal Permits (Article IV, Sections B and K)

      (d) Delegation of certain powers to the Director to assist in the administration and enforcement of the By-Laws (Article II, Section E.2)

      (e) Approval of Innovative Development Regulations and Unified Permits (Article III, Sections D, E, and F)

      (f) Site Plan Review (Article III, Section H)

      (g) Variances, Reconsiderations and Appeals (Article IV, Sections A, C through F)

      (h) Expansion and/or Alteration of Nonconforming Buildings, Uses and Structures (Article VII)

      (i) Subdivision Review (Article VIII)

      (j) Historic District Reviews (Article X, Section D)

      (k) Water Resource Protection (Article XI, Sections B through E)

      (l) Wetlands Protection (Article XII)

      (m) Sign Regulation (Article XIII)

  2. Relationship of Reuse Plan and by-Laws. The Devens Reuse Plan and By-Laws establish objectives, policies and standards to guide public and private decision-making and investment, ensure the maintenance of quality of life, and protect natural resources.

    The By-Laws and any amendments shall be consistent with the Reuse Plan. Consistency shall mean that the By-Laws shall affirmatively carry out the goals, objectives, policies, and purposes of the Reuse Plan.

  3. Precedence. Unless specified otherwise, in case of conflict between the 974 CMR (Regulations), the Act, or the By-Laws, the order of precedence shall be:

      (a) The Act,

      (b) The Devens Reuse Plan,

      (c) The By-Laws , then

      (d) The Regulations.

  4. Other Key Reference Documents.

      (a) Stormwater Pollution Prevention Plan dated July 1995

      (b) Water Resources Protection Plan dated November 1994

      (c) Devens Open Space and Recreation Plan dated September 12, 1996

      (d) Devens Spill Prevention Control and Countermeasure Plan dated February 27, 2001

      (e) Devens Main Post Trails report dated July 2001


Rules and Regulations Table of Contents    Home     Search   Next Section