Law & Oversight
MEPA
Massachusetts Environmental Policy Act thresholds and the anti-segmentation rule.
60-Second Summary
- Direct alteration of 25 or more acres is an ENF threshold where MEPA jurisdiction applies; 50 or more acres is an ENF-plus-mandatory-EIR threshold.
- MEPA jurisdiction generally requires a state Agency Action in addition to the acreage threshold.
- 301 CMR 11.01's anti-segmentation rule requires the entirety of a project, including likely future expansion, to be considered together.
Key Facts
Why This Matters in Lakeville
Massachusetts Environmental Policy Act thresholds and the anti-segmentation rule.
What Is Known
The thresholds, effective January 30, 2026
Under 301 CMR 11.03, direct alteration of 25 or more acres is an ENF threshold where MEPA jurisdiction applies, and direct alteration of 50 or more acres is an ENF-plus-mandatory-EIR threshold, subject to listed exceptions such as approved forest-cutting or farm plans.
MEPA jurisdiction generally requires a state Agency Action — a state permit, financial assistance, land transfer, or state agency project — in addition to meeting the acreage threshold.
Key sources
- 301 CMR 11.00 — MEPA regulations, effective Jan. 30, 2026 (25/50-acre thresholds; anti-segmentation rule) — Massachusetts Executive Office of Energy and Environmental Affairs, 2026-01-30
- Does my project require MEPA review? (jurisdiction and thresholds) — Mass.gov (live document — verify current version)
Anti-segmentation
301 CMR 11.01 requires the entirety of a project — including likely future expansion — to be considered together, and states that a proponent may not phase or segment a project to evade, defer, or curtail MEPA review.
Key sources
- 301 CMR 11.00 — MEPA regulations, effective Jan. 30, 2026 (25/50-acre thresholds; anti-segmentation rule) — Massachusetts Executive Office of Energy and Environmental Affairs, 2026-01-30
What Has Not Yet Been Established
- Whether the 565.77-acre parcel size equals the disturbed/altered acreage (it does not, by itself)
- Which state approvals could create the Agency Action that triggers MEPA jurisdiction
- Whether the stated earth-removal-to-future-development relationship raises the anti-segmentation question
Sources
Key sources
- 301 CMR 11.00 — MEPA regulations, effective Jan. 30, 2026 (25/50-acre thresholds; anti-segmentation rule) — Massachusetts Executive Office of Energy and Environmental Affairs, 2026-01-30
- Does my project require MEPA review? (jurisdiction and thresholds) — Mass.gov (live document — verify current version)