What are the MEPA thresholds?
Each 301 CMR 11.03 threshold sets the review level: an ENF and a mandatory EIR, or an ENF with an EIR only if the Secretary requires one. For a private project that needs only permits, review covers just their subject matter. Existing structures and routine maintenance fall outside the thresholds[4].
- Land: 50+ acres altered or 10+ acres of new impervious area, mandatory EIR; 25 or 5 acres, ENF[4]
- Transportation: 1,000+ new parking spaces or 3,000+ new daily trips, mandatory EIR; 300 or 2,000, ENF
- Energy: a new power plant of 100+ MW, mandatory EIR; 25+ MW, ENF
- Water: a new drinking water treatment plant of 1,000,000+ gallons per day, ENF
- Waterways: dredging 10,000+ cubic yards, ENF
How does MEPA review work?
A private proponent files the ENF within ten days of its first permit or funding application[9][4]. The steps[4]:
- Before filing: outreach to nearby environmental justice populations; 45 to 90 days' notice for mandatory EIR projects[6]
- Notice in the twice-monthly Environmental Monitor opens review and comments, usually with a site visit
- The Secretary's Certificate: whether an EIR is required and, if so, its Scope
- Draft and final EIR, each certified for adequacy within seven days after comments close[10]
- Section 61 Findings: each acting agency writes the EIR's mitigation into its permit or approval
When is an EIR required under MEPA?
An EIR is required when a project meets a mandatory EIR threshold, when the Secretary requires one after the ENF, or when it is likely to damage the environment within 1 mile of an environmental justice population (5 miles for air)[4][11][5]. Since January 30, 2026, qualifying housing is not presumed to cause damage, but still files an ENF[4][12].
Example: Solar Star Tranquility, a 3.8-megawatt array on 13 acres of a Nantucket town wellfield (EEA No. 16693), met the ENF threshold for disturbing rare species habitat. Because it lies within one mile of environmental justice populations, the Secretary's May 26, 2023 Certificate required a Draft EIR[13].