Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.06 - Requests for Determination of Applicability
Current through Register 1531, September 27, 2024
(1) Any person who desires a determination whether 310 CMR 9.00 presently apply to any area of land or water, or any activity thereon, may submit to the Department a request for a determination of applicability. Said request shall:
(2) The applicant shall submit a request for a determination of applicability to the Department, and at the same time, to the persons identified in 310 CMR 9.13(1)(a).
(3) A public hearing and newspaper notice published by the applicant may be required by the Department on any request for a determination of applicability.
(4) Any person may submit written comments to the Department on any request for a determination of applicability within 21 days of the date of the request or the newspaper notification date, if applicable.
(5) Unless the Department requests further information, the Department shall issue a determination of applicability in recordable form within 60 days of the receipt of the request or the close of the public comment period, whichever is later.
(6) Any person who would otherwise have the right to an adjudicatory hearing pursuant to 310 CMR 9.17 may appeal the issuance of any determination of applicability within 21 days of the date of its issuance in accordance with the procedures set forth at 310 CMR 9.17.