Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.26 - Revocation and Nullification
Universal Citation: 310 MA Code of Regs 310.9
Current through Register 1531, September 27, 2024
(1) Revocation.
(a)
Unless otherwise specifically provided by law, the Department may revoke a
license or permit for non-compliance with the terms and conditions set forth
therein, including any change of use from that expressly authorized in said
license or permit or, if no such statement was included, from that reasonably
determined by the Department to be implicit therein. Such revocation may not
occur until after the Department has given notice of the alleged non-compliance
to the licensee or permittee and any person who has filed a written request for
such notice with the Department, and after it has afforded them an opportunity
for a hearing and a reasonable opportunity to correct said
non-compliance.
(b) In accordance
with the procedures established in
310
CMR 9.26(1)(a), the
Department may revoke any license or permit upon a finding that the licensee
denies access to project services and facilities in a discriminatory manner, as
determined in accordance with the constitution of the Commonwealth of
Massachusetts, of the United States of America, or with any statute,
regulation, or executive order governing the prevention of discrimination. Such
a finding shall be made upon a final determination of discrimination, issued by
any federal, state or local court or agency with jurisdiction to investigate
discrimination issues.
(c) Notice
of revocation of a license shall be recorded at the Registry of Deeds or Land
Court by the Department, in accordance with
310
CMR 9.18.
(2) Nullification.
(a) All licenses issued prior to January 1,
1984 are void if:
1. the license and the
accompanying plan were not recorded within one year of date of issuance at the
Registry of Deeds for the county or district where the work was to be
performed;
2. there has been an
unauthorized substantial change in use; or
3. there has been an unauthorized substantial
structural alteration.
Notwithstanding the foregoing, no license for filled private tidelands shall be void for unauthorized substantial changes in use or unauthorized substantial structural alterations which occurred prior to January 1, 1984.
(b) All
licenses issued after January 1, 1984 are void if:
1. the license and accompanying plan were not
recorded within 60 days of date of issuance at the Registry of Deeds for the
county or district where the work was to be performed;
2. there has been an unauthorized substantial
change in use; or
3. there has been
an unauthorized substantial structural alteration.
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