Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 100.000 - Determination of Need
Section 100.705 - Standing to File an Application for Determination of Need
Universal Citation: 105 MA Code of Regs 105.100
Current through Register 1518, March 29, 2024
(A) No Person shall be permitted to make an Application for Notice of Determination of Need pursuant to 105 CMR 100.000 unless such Person has Sufficient Interest in the Site or facility, and unless such Site or facility may be used for the Proposed Project, meaning one of the following:
(1) The Proposed Project is
authorized under applicable zoning bylaws or ordinances, whether or not a
special permit is required; or
(2)
If the Proposed Project is not authorized under applicable zoning bylaws or
ordinances, a variance has been received to permit such Proposed Project;
or
(3) The Proposed Project is
exempt from zoning bylaws or ordinances.
(B) Pursuant to St. 1988, c. 23, § 76, no Determination of Need shall be required pursuant to M.G.L. c. 111, § 25C for any Hospital facility of the Shriner's Hospitals for Children.
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