Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 10.00 - Massachusetts Endangered Species Act
Part II - Delineation of Priority Habitat and Review of Projects or Activities within Priority Habitat
Section 10.22 - Extension of a Determination

Current through Register 1531, September 27, 2024

(1) The Director may extend a determination made under 321 CMR 10.13 or 10.18 or extend the time by which physical work under an individual or general conservation and management permit issued by the Director under 321 CMR 10.23 must commence or be completed. Request for an extension shall be made in writing to the Director at least 30 days prior to the expiration of the applicable deadline.

(2) The Director may deny the request for an extension and require a review for the remaining work in the following circumstances:

(a) where no work has begun on the project, except where such failure is due to an unavoidable delay, such as appeals, in the obtaining of other necessary permits;

(b) where new information, not available at the time the original determination was issued, has become available and indicates that the determination is not adequate to protect the interests identified in M.G.L. c. 131A;

(c) where incomplete work is causing damage to the interests identified in M.G.L. c. 131A; or

(d) where work has been done in violation of the determination of 321 CMR 10.00.

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