310 CMR, § 40.1082 - Process for Amending Grant of Environmental Restriction
(1) The Department shall review each
application for an Amendment to a Grant of Environmental Restriction to ensure
that it conforms to all requirements established herein for such
instruments.
(2) An application for
an Amendment to Grant of Environmental Restriction shall consist of:
(a) a completed Form 1082A, set forth in
310
CMR 40.1099;
(b) all other applicable documents set forth
in 310 CMR 40.1081:
and
(c) a certification of title
that meets the requirements of
310
CMR 40.1072(2).
(3) An application for an
Amendment to Grant of Environmental Restriction shall not be deemed complete if
the Department determines that the application:
(a) fails to contain all required information
listed in
310
CMR 40.1081;
(b) fails to include the applicable fee
established by
310
CMR 4.10(10)(h)(4);
or
(c) is incorrectly filled
out.
(4) The Department
has no obligation to accept or review an incomplete Amendment to a Grant of
Environmental Restriction application.
(5)
Processing an Application for
an Amendment to Grant of Environmental Restriction. For purposes
of 310 CMR
4.10(10)(h), the provisions
of 310 CMR 40.1072 for computing
time for reviews, conducting Administrative Completeness (AC-1 and AC-2) and
Technical Reviews (T-1 and T-2), and for approving or disapproving an
application shall apply to the Department's review of a proposed Amendment to
Grant of Environmental Restriction.
(6) An Amendment to Grant of Environmental
Restriction shall become effective upon recording and/or registering with the
appropriate Registry of Deeds and/or Land Registration Office.
Notes
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