Lawmakers press state agencies on draft Article 97 rules, public notice and replacement standards

At a hearing of the Joint Committee on State Administration and Regulatory Oversight, state lawmakers questioned Executive Office of Energy and Environmental Affairs officials and agency partners about draft regulations implementing Article 97 of the Massachusetts Constitution and the Open Space Act (Chapter 274 of the Acts of 2022). Committee chairs and members pressed officials on public-notice rules, how replacement land would be chosen, and the narrow circumstances in which the secretary may waive replacement requirements.

The draft regulations, posted for comment in November 2024, implement the Open Space Act’s requirements and formalize how proponents and municipalities submit information to the executive branch and the Legislature, Undersecretary Stephanie Cooper told the committee. "Chapter 274 did not change the legislature's role in dispositions of Article 97," Cooper said, adding that "any change to remove Article 97 protection continues to require a two-thirds vote of the legislature as…