Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 1.00 - Administration
Section 1.09 - Project Duration and Project Completion
Current through Register 1531, September 27, 2024
(1) Permit Duration. Unified Permits shall remain in effect so long as the approved development activities are commenced within the time periods prescribed below. These time periods commence from the date that the DEC or the Director renders a written decision. These periods shall be tolled during litigation.
TABLE 4: TIME LIMITS FOR COMMENCING AND COMPLETING DEVELOPMENT ACTIVITIES
|
Permit type |
Commencement |
Completion |
|
Building Permits (construction of a building or structure) |
Within six months |
Two years or as approved by the DEC approved by the DEC |
|
Subdivision Road |
Within six months |
One year |
|
Approved Site Plan |
Within six months |
Two years |
|
Other Components |
Six to 12 months depending on project |
Expeditiously |
(2) A permit is completed upon application for a Certificate of Occupancy, Wetlands Certificate of Compliance, submission of an as-built plan.
(3) Extensions to the above time limits may be granted by the Commission in the instance of Level Two permits or the Director for Level One permits, providing written request for the extension is received prior to the expiration of the time limit and the Applicant explains the need for an extension.
(4) Failure to complete within the proscribed time limits shall result in withholding of any outstanding permits and/or revocation of performance guarantees.
(5) Phased Construction. An Applicant may request that the DEC allow phasing. The Applicant shall specify the phases requested, detailing the work to be accomplished in each phase and the locations of the work. The Applicant shall also propose date sofcommencement and completion for each phase. In its approval of a phased Permit, the DEC shall establish reasonable time periods to commence and complete the phases of the entire project.
