Massachusetts General Laws

Mass. Gen. Laws ch. 30, § 62C (2026)

Notice of availability of environmental impact statement; public and agency review

✓ current as of July 2026
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Section 62C. Any environmental impact report shall be submitted to the secretary of environmental affairs who shall issue public notice of the availability of such report.

A reviewing agency or person, and any agency which has jurisdiction by law or special expertise with respect to any environmental impact involved may submit written comments on any draft or final environmental impact report to the secretary of environmental affairs who shall affix any such comments which are timely received to his statement on such reports. Said reports and any comments submitted in review thereof shall be public documents.

No agency shall undertake a project which is not exempted by the provisions of any law and which may cause damage to the environment or grant a permit or financial assistance for such a project until sixty days after the secretary of environmental affairs issues such notice, provided that an agency or person may undertake research, planning, design and other preliminary work necessary to describe and evaluate such projects for the purposes of sections sixty-two to sixty-two H, inclusive.

There shall be a public and agency review period of thirty days from the notice of availability of any draft or final report, provided that the secretary of environmental affairs may extend the review period for a draft report on a major and complicated project for a period not to exceed thirty days. A statement of the secretary indicating whether or not in his judgment said report adequately and properly complies with the provisions of sections sixty-two to sixty-two H, inclusive, shall be issued within seven days after the public and agency review period. The approval or disapproval of said secretary of any such report shall not be required.

At least twice per month the secretary shall issue notice of all filings and of the availability of all reports received during the preceding half month, which notice shall be in such form as the secretary shall determine is reasonably suited to informing all interested agencies and persons of the receipt of such filings and the availability of such reports.

Notes of Decisions
Cited in 12 cases, 1988–2014 · leading case: Cummings v. Sec'y of Env't Affairs, 524 N.E.2d 836 (Mass. 1988).
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Cummings v. Sec'y of Env't Affairs, 524 N.E.2d 836 (Mass. 1988). · cites it 12× “[2] The Secretary must issue public notice of an ENF within two weeks of receiving it, and must determine whether the project requires an EIR within thirty days after issuance of notice of receipt of the ENF.”
Town of Canton v. Comm'r of Massachusetts High. Dep't, 919 N.E.2d 1278 (Mass. 2010). · cites it 6× “G. L. c. 30, § 62C, second par. At the end of the public review period, the Secretary issues a final statement indicating whether the FEIR complies with MEPA.”
Allen v. Boston Redevelopment Auth., 450 Mass. 242 (Mass. 2007). · cites it 4× “See G. L. c. 30, § 62C. See also 301 Code Mass.”
Enos v. Sec'y of Env't Affairs, 432 Mass. 132 (Mass. 2000). “G. L. c. 30, § 62C. During this time, any reviewing *137 agency or person (or any agency with jurisdiction or with special expertise with respect to any environmental impact involved) may submit written comments to the Secretary, which then become part of the public record.”
Villages Dev. Co. v. Sec'y of Exec. Off. of Env't Affairs, 571 N.E.2d 361 (Mass. 1991). “G. L. c. 30, § 62C. The EIR provides the agency with the information necessary to ensure that “all feasible measures have been taken to avoid or minimize” im *103 pact on the environment, as required by MEPA.”
Ten Persons of the Commonwealth v. Fellsway Dev. LLC, 460 Mass. 366 (Mass. 2011). · cites it 2× “After a public comment period, the Secretary issues a written certificate indicating whether the EIR “adequately and properly complies” with the provisions of MEPA, G. L. c. 30, § 62C. See 301 Code Mass. Regs.”
Town of Walpole v. Sec'y of the Exec. Off. of Env't Affairs, 537 N.E.2d 1244 (Mass. 1989). “A declaratory judgment action is premature until the secretary has concluded the administrative process by taking final action, such as by certifying the adequacy of the final environmental impact report for the project.”
City of Brockton v. Energy Facilities Siting Bd. (No. 1), 14 N.E.3d 167 (Mass. 2014). · cites it 2× “G. L. c. 30, § 62C, fourth par. Certification under MEPA, however, “does not constitute final approval or disapproval of a particular project, which ultimately is left to various permitting agencies.”
Ten Residents v. Boston Redevelopment Auth., 21 Mass. L. Rptr. 324 (Mass. Super. Ct. 2006). · cites it 3× “” G.L.c. 30, §62C. As noted earlier, Count II of the plaintiffs’ Complaint challenges the Secretary’s determination that the Final EIR “adequately and properly complies” with the MEPA statutory requirements.”
Capolupo v. Massachusetts Dep't of Env't Prot., 17 Mass. L. Rptr. 190 (Mass. Super. Ct. 2003). “G.L.c. 30, §62C. During this time, any reviewing agency or person (or any agency with jurisdiction or with special expertise with respect to any environmental impact involved), may submit written comments to the Secretary, which then become part of the public record.”
Town of Canton v. Paiewonsky, 25 Mass. L. Rptr. 378 (Mass. Super. Ct. 2008). “The Secretary issued an FEIR Certificate, pursuant to G.L.c. 30, §62C, dated November 1, 2007, certifying that the FEIR adequately and properly complied with the Massachusetts Environmental Policy Act (“MEPA”) and regulations thereunder.”
Airport Impact Relief, Inc. v. Massachusetts Port Auth., 3 Mass. L. Rptr. 653 (Mass. Super. Ct. 1995). “MEPA Claim AIR and Friends claim that Massport’s commencement of an airside capacity enhancement study at Logan Airport prior to the filing of an environmental notification form (ENF) or EIR, is in violation of G.L.c. 30, §62C and 301 CMR 11 .00. The court is not persuaded.”
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