Code of Massachusetts Regulations
400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Title 400 CMR 2.00 - Expedited Permitting
Section 2.09 - Permitting Process and Extensions

Universal Citation: 400 MA Code of Regs 400.2

Current through Register 1531, September 27, 2024

(1) The governing body must complete the local permitting process within 180 calendar days after the certified notice of completeness is sent, or the 20-day-completeness review period has expired and the applications are deemed to be complete. This period may be waived or extended for good cause upon written request of the applicant with the consent of the governing body, or upon written request of an issuing authority with the consent of the applicant.

(2) The 180-calendar-day review period may be extended by the governing body, if a previously unidentified permit or review has been determined necessary within the first 150 calendar days of the process. When a governing body determines that a previously unidentified permit is necessary, the governing body must send immediate notice of such additional requirements to the applicant by certified mail and copy the board. The governing body may exercise the extension for a maximum of 30 calendar days. Where public notice and comment or hearing are required for the previously unidentified permit, the required action date shall not be later than 30 days from the later of the close of the hearing or comment period, which shall be scheduled to commence as quickly as publication allows.

(3) The 180-calendar-day review period may be extended when an issuing authority determines that:

(a) action by another federal, state or municipal government agency not subject to 400 CMR 2.00 is required before the issuing authority may act;

(b) pending judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application; or

(c) enforcement proceedings that could result in revocation of an existing permit for that facility or activity or denial of the application have been commenced. In those circumstances, the issuing authority shall provide written notification to the secretary and the board by certified mail. When the reason for the extension is no longer applicable, the issuing authority shall immediately notify the applicant, the secretary, and the board by certified mail, and shall complete its decision within the time period specified in 400 CMR 2.08(3), beginning the day after the notice to resume is issued by the governing body.

(4) If governing body, in consultation with the issuing authority, has determined that substantial modifications to the project since the application render the issuing authority incapable of making a decision on an application, an extension of the 180-calendar-day review period may be granted by the board for demonstrated good cause at the written request of the issuing authority. The issuing authority shall provide terms for the extension including the number of additional days requested. Within ten business days of receipt of the request, the board, or permitting ombudsman if designated by the board, shall respond to the issuing authority with an extension determination.

(5) If the applicant makes a substantial modification to a project for the purpose of public benefit, the issuing authority may request an extension from the board, and if granted, shall make every reasonable effort to expedite the processing of that permit application.

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