Legislators, agencies debate draft Article 97 rules; notice, local control and enforcement top concerns

Undersecretary Stephanie Cooper of the Executive Office of Energy and Environmental Affairs and Commissioner Adam Bakke of the Division of Capital Asset Management and Maintenance testified Wednesday before the Joint Committee on State Administration and Regulatory Oversight about draft regulations implementing Article 97 and the Open Space Act.

The hearing focused on how the draft regulations would affect public notice, municipal review and the state’s role in appraisals, waivers and enforcement. Lawmakers repeatedly raised concerns that the draft rules could centralize decision-making at the executive level, reduce local review requirements and leave unclear enforcement pathways if protected land were used without legislative approval.

“The Open Space Act did not change the legislature’s role in dispositions of Article 97,” Undersecretary Stephanie Cooper told the committee. “Any change to remove Article 97 protection continues to require a two-thirds vote of the legislature as required by the constitution.”

Cooper described the administration’s public outreach on the draft rules, saying EEA held three public hearings and extended the comment period after strong public interest. She said the office is working through public comments and intends to publish final regulations “as soon as is practicable.”

Committee members pressed several recurring points: whether the draft’s 21-day public comment window (stated in the draft) is sufficient for small or rural municipalities; whether the proposed regulations expand the class of parties who may act as “proponents” to include private developers; and whether the regulations reduce existing local checks — for example, unanimous votes by municipal conservation or parks commissions that appear in the…