(1)
General.
Notwithstanding the provisions of
310 CMR
9.09(2), certain substantive
and procedural standards of
310 CMR
9.11 through
9.55
shall not apply to the licensing of existing unauthorized fill or structures
provided the Department received an application by October 4, 1996.
Furthermore, during the amnesty period the Department may postpone the
requirement to obtain a license for certain small-scale water-dependent
structures on residential property by issuing an interim approval for said
structures. The Department will initiate enforcement action to require the
removal or licensing of any such structure pursuant to
310 CMR
9.00 only upon the expiration or revocation of the
interim approval or the violation of the terms and conditions thereof. After
the close of the amnesty period, the Department will require strict compliance
with all provisions of
310 CMR
9.00 and will take enforcement action, including the
assessment of penalties if appropriate, to ensure that all unauthorized fill
and structures are either licensed or removed.
(2)
Projects Which May Be
Authorized under the Amnesty Program.
(a) An application for a license under the
amnesty program may be submitted only for a project consisting entirely of the
continuation in use of existing fill or structures not previously authorized,
or for which a grant or license is not presently valid pursuant to
310 CMR
9.00, provided that:
1.said fill or structures have been in use
since January 1, 1984, and no unauthorized substantial change in use or
substantial structural alteration has occurred since that date; and
2.an application has been filed with the
Department by October 4, 1996.
(b) An application for an interim approval
under the amnesty program may be submitted only for a project meeting the
criteria of 310 CMR 9.28(2)(a), and which consists entirely of an existing
dock, pier, seawall, bulkhead, or other small-scale water dependent structure
that is accessory to a single family residence.
(3)
Standards for Applications
under Amnesty Program. For purposes of authorizing any project
under the amnesty program, the applicable substantive standards found at
310 CMR
9.07 and
9.20
through
9.27,
effective September 15, 1978, shall remain in full force and effect in lieu of
the substantive standards found at
310 CMR
9.31 through 9.60.
(4)
Procedures for Applications
under Amnesty Program. For purposes of authorizing projects under
the amnesty program, the applicable procedural rules found at
310 CMR
9.11 through
9.30
shall be in effect, except for any time schedule for Department action
specified therein, and except as modified in accordance with the following
provisions.
(a)
Plans,
310 CMR 9.11(2) and
(3)
: In the case of an
application for an interim approval, the plan need not be certified by a
Registered Professional Engineer or Registered Land Surveyor if the fill or
structure is accurately drawn on a scaled plan in accordance with application
instructions issued by the Department.
(b)
Other State and Local
Approvals,
310 CMR
9.11(4)
: In
the case of an application for an interim approval, except for any project
located in an ACEC, the application need not provide evidence of compliance
with the applicable state and local requirements, and the Department shall
presume compliance with these requirements unless the Department receives
information to the contrary during the public comment period.
(c)
Terms,
310 CMR 9.15
:
In the case of an application for an amnesty license for a water-dependent use
project on Commonwealth tidelands, the license term shall be 99 years unless
the Department determines that a shorter term is necessary to protect the
public interest in said lands. In the case of an application for an interim
approval, said approval shall expire in 30 years unless the affected property
is transferred to a new owner for valuable consideration, in which case said
approval shall expire one year from the date of recording of the transfer at
the Registry of Deeds. An interim approval shall not be renewed upon
expiration; further authorization from the Department must be obtained in the
form of a license.
(d)
Fees,
310 CMR 9.16(2) through
(4)
: In the case of an
application for an amnesty license for a water-dependent use project, the
applicable regulations governing tidewater displacement and occupation fees
found at
310 CMR 9.08,
effective September 15, 1978, shall remain in full force and effect in lieu of
the fee regulations found at
310 CMR 9.16(2) through
(4). In the case of an application for an
interim approval no such fees shall apply. All applications under the amnesty
program shall pay the appropriate application fee in accordance with
310 CMR
9.16(1).
(e)
Recording,
310 CMR 9.18
: In the case of an application for an interim approval, said
approval shall be recorded, without the accompanying plan, at the Registry of
Deeds in accordance with
310 CMR 9.18.
(f)
Transfer,
310 CMR
9.23
: In the case of an
application for an interim approval, said approval shall not run with the land,
but shall automatically expire one year from the date of recording of the
transfer of the affected property to a new owner for valuable
consideration.
