Code of Massachusetts Regulations
400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
Title 400 CMR 2.00 - Expedited Permitting
Section 2.13 - Appeals

(1) Appeals of an issuing authority decision or from an automatic grant of approval shall be filed within 20 calendar days after the last individual permitting decision has been rendered or within 20 calendar days after the conclusion of the ISO-day review period, whichever is later. The ISO-day review period shall be increased by the number of days in any extension granted under 400 CMR 2.00.

(2) The applicant or any person aggrieved by a final decision of any issuing authority, or by the failure of that authority to take final action concerning the application within the time specified, whether or not previously a party to the proceeding, or any governmental officer, board, or agency, may appeal to the Division by bringing an action within 20 calendar days after a written decision was or should have been rendered. Appeals from decisions of multiple permitting authorities shall be filed simultaneously and shall be consolidated for purposes of hearing and decision. 400 CMR 2.13 shall not apply to appeals pursuant to M.G.L. c. 131, §§ 40 and 40A, which shall continue to be appealed in accordance with M.G.L. c. 131 and c. 30A.

(3) When hearing appeals under 400 CMR 2.00, the Division shall revise its rules, procedures and regulations to the extent necessary to accord with the requirements of M.G.L. c. 43D. The division shall render a final written decision within 90 days of the receipt of the appeal. Thereafter, an aggrieved party may appeal to the superior court department or to the Land Court in accordance with M.G.L. c. 185, § 3A, by bringing action within 20 days after a written decision was or should have been rendered.