Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.14 - Decision on License and Permit Applications

Universal Citation: 310 MA Code of Regs 310.9

Current through Register 1531, September 27, 2024

(1) For all nonwater-dependent use projects the Department shall issue a written determination in accordance with the provisions of 310 CMR 9.31 through 9.60, including proposed license conditions, for public review prior to issuance of a license.

(2) For water-dependent use projects the Department may issue a license or permit without issuing a written determination, in accordance with the provisions of 310 CMR 9.31 through 9.50, unless:

(a) the Department has conducted a public hearing, in which case the Department shall issue a written determination including proposed license or permit conditions, for public review prior to issuance of the license or permit;

(b) written comments have been submitted pursuant to 310 CMR 9.13(4)(c), in which case the Department may issue a draft license or draft permit, including proposed license or permit conditions, for public review prior to issuance of the license or permit; or

(c) the Department has decided to deny the license or permit application, in which case the Department shall issue a written determination setting forth the reasons for such decision.

(3) A written determination shall include a description of the project and a statement of whether the project serves a proper public purpose which provides greater benefits than detriments to the public rights in tidelands. Unless the Department has decided to deny the license or permit application, the written determination will be issued with the draft license or permit conditions.

(4) If the project includes a set of activities including, without limitation, those to which 310 CMR 9.11(1)(b) applies, which cannot reasonably be incorporated into a single license, the Department may upon request of the applicant issue a consolidated written determination which allows for multiple licenses to be issued independently for phases of said project, provided the Department finds that the licenses can be sequenced or conditioned in a manner which ensures that overall public benefits will exceed public detriments as each portion of the project is completed. Notwithstanding 310 CMR 9.14(3), licenses may be issued pursuant to a consolidated written determination issued under this provision for up to five years, with opportunity for extensions as deemed appropriate by the Department.

(5) The Department shall issue a license, permit, draft license, draft permit, or written determination, as appropriate after the application is determined to be complete by the Department, in accordance with the provisions of 310 CMR 9.11(3)(c). The Department may extend such deadline upon request by the applicant. Where a draft license, draft permit, or written determination is issued, the final license or permit shall not be issued prior to receipt of the state and local approvals specified in 310 CMR 9.11(3)(c)3. Notwithstanding the foregoing, the Department may issue a license, permit, draft license, draft permit or written determination as part of a Combined Permit or as a separate license, permit, draft license, draft permit or written determination issued at the same time as the issuance of or after the issuance of the final Order of Conditions and/or Water Quality Certification.

(6) Upon issuance, the Department shall send a copy of the license, permit, or written determination to:

(a) the applicant;

(b) any intervenor and any person who has requested a copy of said license, permit, or written determination;

(c) CZM or DCR, for projects identified for participation pursuant to 310 CMR 9.13(2); and

(d) the municipal official, conservation commission, planning board, and harbormaster, if any, of the city or town where the project is located.

In the case of a draft license or draft permit, the Department shall send copies to all parties listed in 310 CMR 9.14(6)(a) through (c) and to any party listed in 310 CMR 9.14(6)(d) who has commented on the application within the public comment period.

(7) The Department shall issue a license or permit after the completion of any appeal period established pursuant to 310 CMR 9.17(2) or the receipt of any plans, documentation, or other information requested by the Department in a written determination, whichever is later, unless a notice of claim for adjudicatory hearing has been filed pursuant to 310 CMR 9.17.

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