Code of Massachusetts Regulations
312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES
Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources
Section 2.08 - Permit Application Review and Notification

(1) Review. Complete permit applications shall be reviewed at regular meetings of the Board. Only complete application documents filed at least ten days in advance of scheduled public meeting of the Board shall be considered at that meeting. The applicant or representative shall be present at the Board meeting when the application is considered. The Board shall, at its meeting, make a determination whether or not to issue a permit or may continue its consideration of the application until the subsequent meeting.

(2) Review Criteria. The review criteria include, but are not limited to, demonstrable proof of the presence of a resource, the qualifications and past performance of project personnel, the appropriateness of the proposed project plan, techniques, procedures and methodologies, a demonstration of the applicant's financial ability to carry the project plan to completion, evidence that the operations desired involve underwater archaeological resources, and evidence that said operations are in the public interest.

(3) Notification and Contents. Upon the action of the Board, the Director shall mail to the applicant a permit document or notification of denial stating the reasons therefore. The permit is effective on the date of Board action and the permit document shall include, but is not limited to, the permittee's name, the time period covered, the location of the permit area, the types of authorized activities, reporting requirements, any limitations on the permittee's activities, and shall provide for the termination of the rights of the permittee upon violation of any of the terms of the permit. All persons undertaking activities at a permit site shall have immediate access to the permit and associated documents or copies thereof and be able to produce such the permit and documents for law enforcement personnel, Board members, or agents of the Board.

(4) Compliance with Other Statutes and Regulations. Permits are conditioned upon and subject to compliance with other federal, state, and local statutes and regulations. Permittees shall not commence work at permit sites until they are in compliance with all applicable requirements.