310 CMR, § 40.1084 - Process for Implementing a Release of Grant of Environmental Restriction or Partial Release of Grant of Environmental Restriction
(1) The Department shall conduct a review of
each application for a Release of Grant of Environmental Restriction or Partial
Release of Grant of Environmental Restriction to ensure that it conforms to all
legal requirements for such instruments.
(2) An application for a Release of Grant of
Environmental Restriction shall consist of a completed Form 1084A, set forth in
310
CMR 40.1099, in addition to all other
applicable documents set forth in
310
CMR 40.1083.
(3) An application for a Partial Release of
Grant of Environmental Restriction shall consist of a completed Form 1083A, set
forth in
310
CMR 40.1099, in addition to all other
applicable documents set forth in
310
CMR 40.1083.
(4) An application for a Release of Grant of
Environmental Restriction or Partial Release of 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 40.1083;
(b) fails to include the applicable fee
established by
310
CMR 4.10(10)(i)4.;
or
(c) is incorrectly filled
out.
(5) The Department
has no obligation to accept or review an incomplete application for a Release
of Grant of Environmental Restriction or Partial Release of Grant of
Environmental Restriction.
(6)
Processing a Release of Grant of Environmental Restriction
Application or Partial Release of Grant of Environmental Restriction
Application. For purposes of
310
CMR 4.10(10)(i), 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 approving or disapproving of an application shall apply to
the Department's review of a proposed Release of Grant of Environmental
Restriction or Partial Release of Grant of Environmental Restriction.
(7) A Release of Grant of Environmental
Restriction or Partial Release of Grant of Environmental Restriction shall
become effective upon recordation and/or registration with the appropriate
Registry of Deeds and/or Land Registration Office.
Notes
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