Massachusetts General Laws

Mass. Gen. Laws ch. 30, § 61 (2026)

Determination of impact by agencies; damages to environment; prevention or minimization; foreseeable climate change impacts; definition applicable to this section and Sec. 62

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 61. All agencies, departments, boards, commissions and authorities of the commonwealth shall review, evaluate, and determine the impact on the natural environment of all works, projects or activities conducted by them and shall use all practicable means and measures to minimize damage to the environment. Unless a clear contrary intent is manifested, all statutes shall be interpreted and administered so as to minimize and prevent damage to the environment. Any determination made by an agency of the commonwealth shall include a finding describing the environmental impact, if any, of the project and a finding that all feasible measures have been taken to avoid or minimize said impact.

In considering and issuing permits, licenses and other administrative approvals and decisions, the respective agency, department, board, commission or authority shall also consider reasonably foreseeable climate change impacts, including additional greenhouse gas emissions, and effects, such as predicted sea level rise.

As used in this section and section sixty-two, ''damage to the environment'' shall mean any destruction, damage or impairment, actual or probable, to any of the natural resources of the commonwealth and shall include but not be limited to air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, reduction of groundwater levels, impairment of water quality, increases in flooding or storm water flows, impairment and eutrophication of rivers, streams, flood plains, lakes, ponds, or other surface or subsurface water resources; destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks, or historic districts or sites. Damage to the environment shall not be construed to include any insignificant damage to or impairment of such resources.

Notes of Decisions

Cited in 48 cases, 1974–2018 · leading case: Allen v. Boston Redevelopment Auth., 450 Mass. 242 (Mass. 2007).

Sort: Relevance Newest Treatment

Allen v. Boston Redevelopment Auth., 450 Mass. 242 (Mass. 2007). · cites it 11× “214, § 7A; G. L. c. 30, § 61; and G. L. c. 231 A, challenging the adequacy of the environmental reviews of BioSquare Phase II pursuant to the Massachusetts Environmental Policy Act (MEPA), G.”

Sierra Club v. Comm'r of the Dep't of Env't Mgmt., 439 Mass. 738 (Mass. 2003). · cites it 6× “214, § 7A 3 ; G. L. c. 30, § 61; and G. L. c. 231 A, seeking declaratory relief against the Secretary (Secretary) of the Executive Office of Environmen *740 tal Affairs (EOEA), relating to his certificate approving the Supplemental Final Environmental Impact Report (SFEIR)…”

Town of Canton v. Comm'r of Massachusetts High. Dep't, 919 N.E.2d 1278 (Mass. 2010). · cites it 4× “See G. L. c. 30, § 61, second par. 2 *785 Any person,* * 3 corporation, or government entity intending to apply for a permit for a project must notify the Secretary of the Executive Office of Environmental Affairs (Secretary).”

Connerty v. Metro. Dist. Comm'n, 495 N.E.2d 840 (Mass. 1986). · cites it 4× “Further, the plaintiff alleges that the MDC, by its conduct concerning the Nut Island facility, failed to meet its obligations pursuant to G.L.c. 30, § 61 (1984 ed.), to use "all practicable means and measures to minimize damage to the environment," such as water pollution and…”

City of Boston v. Massachusetts Port Auth., 308 N.E.2d 488 (Mass. 1974). · cites it 5× “Thereafter, he entered a final decree in which he declared that the Department’s regulations are inapplicable to the Authority, that the Authority had complied with G. L. c. 30, § 61, and that because there was no violation of § 61, there was no basis under G.”

Marlow v. City of New Bedford, 340 N.E.2d 494 (Mass. 1976). · cites it 2× “30, § 62, directs that “the secretaries of the executive offices shall each promulgate rules and regulations approved by the secretary of environmental affairs to carry out the purposes of this section .”

Ten Persons of the Commonwealth v. Fellsway Dev. LLC, 460 Mass. 366 (Mass. 2011). · cites it 5× “242, 245 (2007), quoting G. L. c. 30, § 61. See Enos v. Secretary of Envtl.”

Shriners' Hosp. for Crippled Child. v. Boston Redevelopment Auth., 353 N.E.2d 778 (Mass. App. Ct. 1976). · cites it 4× “The Superior Court determined that the plaintiffs had no standing to challenge the action of the authority in approving the project but held that the plaintiffs did have standing to challenge the authority’s action with respect to the deviations granted from the City of Boston…”

Town of Barnstable v. O'Connor, 786 F.3d 130 (1st Cir. 2015). “298, § 7, amending Mass. Gen. Laws ch. 30, § 61 . DPU reasoned that these legislative changes required it to put more emphasis on the “benefits” side of the equation than it had in the past.”

Sec'y of Env't Affairs v. Massachusetts Port Auth., 323 N.E.2d 329 (Mass. 1975). · cites it 4× “In one case the city of Boston had sought declaratory and in-junctive relief for alleged violation of the Massachusetts Environmental Policy Act (MEPA), G. L. c. 30, §§61 and 62 (inserted by St.”

Cummings v. Sec'y of Env't Affairs, 524 N.E.2d 836 (Mass. 1988). · cites it 2× “of the availability of all reports received during the preceding half month.”

Inspector of Bldg., Salem v. Salem St. Coll., 546 N.E.2d 388 (Mass. App. Ct. 1989). · cites it 4× “In the Massachusetts State College Bldg. Authy. case the question was whether the Authority was bound to comply with requirements for the relocation of persons displaced from home or business by public action (G.”

Show all 48 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.