Current through Register 1531, September 27, 2024
(1) The following persons shall have the
right to an adjudicatory hearing concerning a decision by the Department to
grant or deny a license or permit:
(a) an
applicant who has demonstrated property rights in the lands in question, or
which is a public agency;
(b) any
person aggrieved by the decision of the Department to grant a license or permit
who has submitted written comments within the public comment period;
(c) ten residents of the Commonwealth,
pursuant to M.G.L. c. 30A, § 10A, who have submitted comments within the
public comment period; at least five of the ten residents shall reside in the
municipality(s) in which the license or permitted activity is located. The
appeal shall clearly and specifically state the facts and grounds for the
appeal and the relief sought, and each appealing resident shall file an
affidavit stating the intent to be part of the group and to be represented by
its authorized representative.
(d)
the municipal official in the affected municipality(s) who has submitted
written comments within the public comment period;
(e) CZM, for any project identified in
310 CMR
9.13(2)(a) for CZM
participation; and
(f) DCR, for any
project in an Ocean Sanctuary, if it has filed a notice of participation within
the public comment period.
(2) Any notice of claim for an adjudicatory
hearing must be sent by certified mail or hand delivery to the Department
within 21 days of the date of the written determination, draft license or draft
permit, or if no such determination or draft is required, within 21 days of the
date of issuance of the license or permit, as appropriate under
310 CMR
9.14(1) and (2). A copy must
be sent at the same time by certified mail or hand delivery to the applicant
and to the municipal official of the city or town where the project is
located.
(3) Any notice of claim
for an adjudicatory hearing must include the following information:
(a) the DEP Waterways Application File
Number, name of the applicant and address of the project;
(b) the complete name, address, and telephone
number of the party filing the request and, if represented by counsel, the
name, address and telephone number of the attorney and, if claiming to be a
person aggrieved, the specific facts that demonstrate that the party satisfies
the definition of "aggrieved person" found in
310 CMR
9.02;
(c) a clear statement that a formal
adjudicatory hearing is being requested;
(d) a clear and concise statement of the
facts which are grounds for the proceeding, the specific objections to the
Department's written determination, draft license, draft permit, license or
permit, and the relief sought through the adjudicatory hearing, including
specifically the changes desired in the final written determination, license,
or permit; and
(e) a statement that
a copy of the request has been sent to:
1.the
applicant; and
2.the municipal
official of the city or town where the project is located.
(4) The Department may coordinate
adjudicatory hearings under 310 CMR 9.17 and under M.G.L. c. 131, § 40,
310 CMR
10.00: Wetlands Protection and
314 CMR 9.00: 401 Water
Quality Certification for Discharge of Dredged or Fill Material, Dredging, and
Dredged Material Disposal in Waters of the United States Within the
Commonwealth as follows:
(a) if a final order
has been issued pursuant to the Wetlands Protection Act, M.G.L. c. 131, §
40, the Department shall exclude issues solely within the jurisdiction of that
statute at an adjudicatory hearing held under 310 CMR 9.17, except as provided
in
310 CMR
9.33(3);
(b) if a Water Quality Certification has been
issued pursuant to
314 CMR 9.00: 401 Water
Quality Certification for Discharge of Dredged or Fill Material, Dredging, and
Dredged Material Disposal in Waters of the United States Within the
Commonwealth, the Department shall exclude issues solely within the
jurisdiction of
314 CMR 9.00: 401 Water
Quality Certification for Discharge of Dredged or Fill Material, Dredging, and
Dredged Material Disposal in Waters of the United States Within the
Commonwealth;
(c) if an
adjudicatory hearing has been requested under 310 CMR 9.17,
314 CMR 9.10: Appeals and
310 CMR
10.05(7)(j), the Department
may consolidate these proceedings; and
(d) notwithstanding 310 CMR 9.17(4)(a) and
(b), in the event that the Department has issued a Combined Permit that serves
as the license, permit or other written approval for a water-dependent use
project issued pursuant to
310 CMR
9.00, the appeal may include issues solely within the
jurisdiction of
314 CMR 9.00: 401 Water
Quality Certification for Discharge of Dredged or Fill Material, Dredging, and
Dredged Material Disposal in Waters of the United States Within the
Commonwealth and
310 CMR
10.00: Wetlands Protection only as follows: The appeal
may include issues solely within the jurisdiction of
314 CMR 9.00: 401 Water
Quality Certification for Discharge of Dredged or Fill Material, Dredging, and
Dredged Material Disposal in Waters of the United States Within the
Commonwealth only if the appeal has been requested in accordance with the
requirements of
314 CMR 9.10: Appeals.
The appeal may include issues solely within the jurisdiction of
310 CMR
10.00: Wetlands Protection only if the appeal has been
requested in accordance with the requirements of
310 CMR
10.05(7)(j).
