Mass. Gen. Laws » Part I Title III Chapter 30
Massachusetts General Laws

Mass. Gen. Laws ch. 30, § 62 (2026)

Definitions

✓ current as of July 2026
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Section 62. For the purposes of sections 61 to 62L, inclusive, the following words shall have the following meanings unless the context otherwise requires:—

''Agency'', an agency, department, board, commission or authority of the commonwealth, and any authority of any political subdivision which is specifically created as an authority under special or general law.

''Environmental benefits'', the access to clean natural resources, including air, water resources, open space, constructed playgrounds and other outdoor recreational facilities and venues, clean renewable energy sources, environmental enforcement, training and funding disbursed or administered by the executive office of energy and environmental affairs.

''Environmental burdens'', any destruction, damage or impairment of natural resources that is not insignificant, resulting from intentional or reasonably foreseeable causes, including but not limited to, climate change, air pollution, water pollution, improper sewage disposal, dumping of solid wastes and other noxious substances, excessive noise, activities that limit access to natural resources and constructed outdoor recreational facilities and venues, inadequate remediation of pollution, reduction of ground water levels, impairment of water quality, increased flooding or storm water flows, and damage to inland waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and playgrounds from private industrial, commercial or government operations or other activity that contaminates or alters the quality of the environment and poses a risk to public health.

''Environmental justice population'', a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the secretary may determine that a neighborhood, including any geographic portion thereof, shall not be designated an environmental justice population upon finding that: (A) the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of environmental pollution; and (D) the neighborhood has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.

''Environmental justice principles'', principles that support protection from environmental pollution and the ability to live in and enjoy a clean and healthy environment, regardless of race, color, income, class, handicap, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief or English language proficiency, which includes: (i) the meaningful involvement of all people with respect to the development, implementation and enforcement of environmental laws, regulations and policies, including climate change policies; and (ii) the equitable distribution of energy and environmental benefits and environmental burdens.

''Neighborhood'', a census block group as defined by the United States Census Bureau, excluding people who live in college dormitories and people who are under formally authorized, supervised care or custody, including federal, state or county prisons.

''Permit'', a permit determination, order or other action, including the issuance of a lease, license, permit, certificate, variance, approval or other entitlement for use, granted to any person, firm or corporation, including trusts, voluntary association or other forms of business organizations by an agency for a project but shall not include a general entitlement to a person to carry on a trade or profession or to operate mechanical equipment which does not depend upon the location of such trade or operation.

''Person'', a private person, firm or corporation, or any governmental entity which is not an agency.

''Project'', work, project, or activity either directly undertaken by an agency, or if undertaken by a person, which seeks the provision of financial assistance by an agency, or requires the issuance of a permit by an agency but shall not include a grant of aid for medical services or personal support, such as welfare or unemployment funds, to an individual or a third party on behalf of an individual.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1974–2024 · leading case: Marlow v. City of New Bedford, 340 N.E.2d 494 (Mass. 1976).
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Marlow v. City of New Bedford, 340 N.E.2d 494 (Mass. 1976). · cites it 5× “In their complaint, as amended, the plaintiffs alleged that the defendants 2 had failed to comply with certain provisions of the Massachusetts Environmental Policy Act (MEPA), G. L. c. 30, § 62 (inserted by St. 1972, c.”
Cummings v. Sec'y of Env't Affairs, 524 N.E.2d 836 (Mass. 1988). · cites it 6× “In that case, this court agreed with the plaintiff that the defendant's failure to file an EIR violated G.L.c. 30, § 62. But, at that time, c. 30, § 62, required an authority, such as the defendant in that case, to file an EIR when its proposed project "may cause damage to the…”
Villages Dev. Co. v. Sec'y of Exec. Off. of Env't Affairs, 571 N.E.2d 361 (Mass. 1991). · cites it 4× “G. L. c. 30, §§ 62, 62A. The project receives no State financial assistance; therefore, the Secretary argues that the easement acquired by Villages from DEM (which clearly is an agency under MEPA, see G.”
Boston Edison Co. v. Boston Redevelopment Auth., 371 N.E.2d 728 (Mass. 1977). · cites it 2× “[4] The Superior Court judge ruled that G.L.c. 30, § 62, governed review of Edison's claim that the BRA erred in voting to approve the project at a time when there was no adequate final EIR.”
Sec'y of Env't Affairs v. Massachusetts Port Auth., 323 N.E.2d 329 (Mass. 1975). · cites it 7× “Was the trial judge correct in his conclusion that the runways project did not “commence” within the meaning of G. L. c. 30, § 62, until the execution of a contract between Massport and Perini for construction of runway extensions and a new runway in May, 1974, after the…”
Boston Pres. All., Inc. v. Sec'y of Env't Affairs, 396 Mass. 489 (Mass. 1986). · cites it 4× “As argued before the trial judge, the plaintiffs contend on appeal that the BRA is an “agency” as that term is defined in G. L. c. 30, § 62 (1984 ed.). They further state that, under § 62, a permit includes agency approval for a project, and therefore, under MEPA, an EIR is…”
Town of Canton v. Comm'r of Massachusetts High. Dep't, 919 N.E.2d 1278 (Mass. 2010). · cites it 2× “” G. L. c. 30, § 62. On December 26, 2008, 301 Code Mass.”
Ten Persons of the Commonwealth v. Fellsway Dev. LLC, 460 Mass. 366 (Mass. 2011). · cites it 4× “”[ 8 ] G. L. c. 30, § 62. When the Secretary makes an initial determination that MEPA jurisdiction exists over a project, see 301 Code Mass.”
Justices to the Governor, 364 Mass. 838 (Mass. 1974). · cites it 3× “In the present situation, on the other hand, a resolution either way by the Governor will merely dictate the scope of the administrative regulations to be issued under G. L. c. 30, § 62. His decision would subject no official to any sort of personal liability.”
Shriners' Hosp. for Crippled Child. v. Boston Redevelopment Auth., 353 N.E.2d 778 (Mass. App. Ct. 1976). · cites it 2× “The filing of the document with the Secretary of Environmental Affairs forms the basis of the plaintiffs’ challenge.”
Allen v. Boston Redevelopment Auth., 450 Mass. 242 (Mass. 2007). “” G. L. c. 30, § 62. The Legislature has given the phrase “damage to the environment” a broad scope, defining it as “any destruction, damage or impairment, actual or probable, to any of the natural resources of the commonwealth .”
Charbonnier v. Amico, 324 N.E.2d 895 (Mass. 1975). “30, §§ 61-62), of which the section requiring the filing of environmental impact statements, G. L. c. 30, § 62, became effective July 1, 1973.”
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