State, residents look at revising public lands regulations; SouthCoast Wind drops Cape Cod marathon

The state is expected to make a determination in the coming months about whether regulations governing public lands should be revised.

More specifically, the Massachusetts Executive Office of Energy and Environmental Affairs stopped taking public comments on the proposed changes to public lands regulations this week, and is expected to render analysis and a decision shortly, although no deadline has been set.

The state is looking at revising requirements of Article 97, which was enacted by the state Legislature in 1972 to establish the right to a clean environment, including natural, scenic, historical and aesthetic qualities.

A new section, enacted in 2022, codifies the requirements a municipality—or public entity—must follow when it proposes to dispose of property or change its use. Those requirements include providing comparable replacement land when protected land is taken.

Proponents say the changes make the process more transparent because they spell out what a municipality must do to change a protected land use, but opponents are wary that protections could be weakened under the new wording.

Land use changes that now require a two-thirds vote of both branches of the Legislature, for example, could now be granted—under certain circumstances—by the state.

Mark J. Cool is one of several Falmouth residents who participated in a January 16 public hearing on the topic sponsored by the state Office of Energy and Environmental Affairs.

He and his wife, Annie Cool, are concerned that certain easements in regulations could allow developers to carve up conservation areas.

“More sunshine—when it comes to infrastructure—is better,” Mr. Cool said.

Mr. Cool and other Falmouth residents who participated in the January 16 public hearing were particularly concerned about SouthCoast Wind’s proposal to bring some of its electrical cables ashore at Worchester Avenue in Falmouth Heights and then run them underground up the center of Worcester Avenue, which is park land.

David Buzanoski, president of the Falmouth Heights-Maravista Neighborhood Association, was among those at the state public hearing last week.

“I’m concerned that the way the article is written puts too much authority in the secretary’s sole hand,” Mr. Buzanoski said, referring to the secretary of the Massachusetts Office of Energy and Environmental Affairs.

He was one of many who said the proposed revisions are “difficult to interpret.”

The revised wording “appears to make it easier for a third party to acquire public lands,” Mr. Buzanoski said, adding, “I hope members of the Legislature take note.”

SouthCoast Wind, formerly known as Mayflower Wind, has proposed a 2.4-gigawatt wind farm to span 127,000 acres of federal waters 26 nautical miles south of Martha’s Vineyard and include 141 wind turbines—each standing 1,066 feet tall—and five offshore substation platforms.

Proponents for the project have argued that any disruption in the Heights would be temporary. They argue that the disruption would be a small price to pay for all the renewable energy the turbines will generate.

The energy the wind farm is expected to generate is enough to power more than 840,000 homes.

It won approval in December from the US Department of the Interior and its Bureau of Ocean Energy Management, making it the 11th commercial-scale offshore wind farm approved during the Biden presidency.

Newly re-elected President Donald J. Trump, however, is not a fan of wind energy and it is unclear whether such projects will be allowed to be completed.

This week he signed an executive order temporarily halting offshore wind lease sales in federal waters and paused the issuance of approvals, permits and loans for both onshore and offshore wind projects, the Associated Press reported.

The order says the interior secretary will review wind leasing and permitting practices for federal waters and lands. The assessment will consider the environmental impact of wind projects on wildlife, the economic costs associated with the intermittent generation of electricity and the effect of subsidies on the viability of the wind industry.

Mr. Trump wants to increase drilling for oil and gas and has been hostile to renewable energy, particularly offshore wind.

While the order does not call for a freeze on wind projects that are already under construction, Mr. Trump directed the U.S. Attorney General and secretary of the interior to explore the possibility of “terminating or amending” any leases that have already been issued, according to the New York Times. That means projects that have already received federal approvals could face new hurdles.