Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 10.00 - Massachusetts Endangered Species Act
Part IV - Alteration of Significant Habitat
Section 10.71 - Appeals of Alteration Permit Decisions

Universal Citation: 321 CMR 10.00 MA Code of Regs 10.71

Current through Register 1531, September 27, 2024

(1) Process. Within 21 days of the Director's decision under 321 CMR 10.66, 10.67, or 10.68, or failure to act under 321 CMR 10.66, record owners of lands or interests in lands aggrieved thereby may appeal by sending a notice of appeal to the Secretary of EOEA by certified mail. The Secretary shall hold a hearing on such appeal within a reasonable time, and in no case later than 120 days after such decision. The Secretary shall make a determination thereon within 60 days of the hearing.

(2) Standard of Review. The Secretary of EOEA shall overturn a decision of the Director only upon a finding that it was without substantial basis in fact, but shall fully examine on the merits any appeal involving the Director's failure to act under 321 CMR 10.66. For the purposes of 321 CMR 10.71, "without substantial basis in fact" shall mean:

(a) with respect to a permit denial, that there is no credible scientific information in the record to support the finding that the proposed alteration will reduce the Viability of the Significant Habitat; or

(b) with respect to the Director's conditioning of a permit, that there is no credible scientific information in the record that said conditions do not reasonably limit the proposed alteration's potential adverse effect on the Viability of the Significant Habitat.

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