310 CMR, § 10.10 - Effective Date
(1)
310 CMR
10.01 through 10.10 and
10.51 through
10.60
shall take effect on April 1, 1983 and shall apply to all Notices of Intent
filed on or after that date and any subsequent procedures related to such
filings made on or after that date.
310 CMR
10.01 through 10.10 and
10.51 through
10.60
shall not apply to any Notice of Intent filed prior to the effective date of
310 CMR
10.00, or to any extensions of any Order of Conditions
the Notice of Intent for which was filed prior to said effective date, except
as otherwise provided in
310 CMR 10.05(4)(g) and
(h).
(2) The effective date of
310 CMR 10.21
through
10.37
is August 10, 1978.
310 CMR 10.21
through
10.37
shall not apply to any Notice of Intent filed prior to August 10, 1978, or to
any extensions to an Order of Conditions when the Notice of Intent upon which
such Order was based was filed prior to August 10, 1978.
(3) All proceedings and actions commenced
under M.G.L. c. 131, § 40 prior to the effective date of
310 CMR
10.00 shall remain in full force and effect under the
prior applicable regulations, except as otherwise provided in
310 CMR 10.05(4)(g) and
(6)(h).
(4) The amendments to
310 CMR
10.00 concerning application of herbicides to rights
of way contained in
310 CMR
10.03(6),
10.04:
Alter, 10.05(3)(a)2., (b)1. and (d)1. shall be
effective on July 10, 1987.
(5) The
amendments to
310 CMR
10.00 published in the Massachusetts Register on
October 16, 1987, concerning primarily the protection of wildlife habitat,
shall take effect on November 1, 1987, and shall apply to all Notices of Intent
filed on or after that date and any subsequent procedures related to such
filing made on or after that date. The amendments to
310 CMR
10.00, concerning primarily the protection of wildlife
habitat, shall not apply to any Notice of Intent filed prior to November 1,
1987, or to any extensions of any Order of Conditions the Notice of Intent for
which was filed prior to November 1, 1987, except as otherwise provided in
310 CMR 10.05(4)(g) and
(6)(h). All proceedings and actions commenced
under M.G.L. c. 131, § 40 prior to November 1, 1987, and shall remain in
full force and effect under the prior applicable regulations, except as
otherwise provided in
310 CMR 10.05(4)(g) and
(6)(h).
(6) The amendment to
310
CMR 10.55 concerning work in Bordering
Vegetated Wetlands that are within an Area of Critical Environmental Concern
contained in
310
CMR 10.55(4)(e) shall be
effective on April 23, 1993, and shall not apply to any Notice of Intent filed
prior to the effective date.
(7)
The amendments to
310 CMR
10.00 concerning normal maintenance and improvement of
land in agricultural use contained in
310 CMR 10.04:
Agriculture10.06(6), and 10.53(5) shall be effective
on May 21, 1993, and shall not apply to any Notice of Intent filed prior to the
effective date.
(8) The provisions
of
310 CMR
10.03(7)(c)2.k., 3.e., and
4.j. through l., 10.06(7), 10.24(7)(c)4. through 6., 10.53(3)(m) through (q),
and the revisions to
310 CMR
10.03(7)(c)2.e., and 4.b.,
10.06(3) and (5), and 10.53(3)(i) promulgated on December 3, 1993, shall take
effect on January 1, 1994. They shall not apply to any Notice of Intent filed
before January 1, 1994, nor to any extensions to an Order of Conditions when
the Notice of Intent upon which such Order was based was filed prior to that
date.
(9) The effective date of
310
CMR 10.55(1) and (2) is June
30, 1995.
(10) The revisions to
310 CMR
10.02 through
10.05,
10.21,
10.53,
10.58, and
10.60
to incorporate St. 1996, c. 258 amendments to M.G.L. c. 131, § 40, and the
deletion of 310 CMR 10.99, shall be effective on October 6, 1997 and shall
apply to Requests for Determination of Applicability and Notices of Intent
filed after that date. Applicants who have received an Order of Conditions
before August 7, 1996 or filed a Notice of Intent before August 7, 1996 and
received a Final Order of Conditions before August 7, 1997, or later pending
resolution of an adjudicatory hearing, shall not be subject to the requirements
of
310 CMR 10.58 for
the work permitted by the Order. A Determination of Applicability issued before
August 7, 1996 is valid only for the resource areas specified in the
Determination and not for the riverfront area.
(11) The amendments to
310 CMR
10.00 concerning drought (found at
310 CMR 10.04:
Pond;
310 CMR
10.58(2)(a)1.f.) and
perennial and intermittent streams (found at
310 CMR 10.58(2)(a)
) shall take effect on December 20, 2002 and
shall not apply to any Request for Determination of Applicability, Abbreviated
Notice of Resource Area Delineation, Abbreviated Notice of Intent, or Notice of
Intent filed prior to the effective date.
(12) The provisions of
310 CMR
10.00 promulgated in 2005 shall take effect on March
1, 2005. They shall not apply to any Notice of Intent or and Notice of Resource
Area Delineation filed prior to March 1, 2005.
(13) The revised procedures for wetland
appeals set forth
310 CMR 10.05(7)(j)
take effect on October 31, 2007 and shall
apply to all wetland appeals for which a notice of claim is filed on or after
October 31, 2007.
(14) The
amendments to
310 CMR
10.00 concerning Combined Applications, Combined
Permits, Restoration Order of Conditions, Ecological Restoration Limited
Projects and procedures for filing a Notice of Intent shall apply to Notices of
Intent filed on or after October 24, 2014.
Notes
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