310 CMR, § 9.14 - Decision on License and Permit Applications
(1) For all nonwater-dependent use projects
the Department shall issue a written determination in accordance with the
provisions of
310 CMR
9.31 through 9.60, including proposed license
conditions, for public review prior to issuance of a license.
(2) For water-dependent use projects the
Department may issue a license or permit without issuing a written
determination, in accordance with the provisions of
310 CMR
9.31 through 9.50, unless:
(a) the Department has conducted a public
hearing, in which case the Department shall issue a written determination
including proposed license or permit conditions, for public review prior to
issuance of the license or permit;
(b) written comments have been submitted
pursuant to
310 CMR
9.13(4)(c), in which case
the Department may issue a draft license or draft permit, including proposed
license or permit conditions, for public review prior to issuance of the
license or permit; or
(c) the
Department has decided to deny the license or permit application, in which case
the Department shall issue a written determination setting forth the reasons
for such decision.
(3) A
written determination shall include a description of the project and a
statement of whether the project serves a proper public purpose which provides
greater benefits than detriments to the public rights in tidelands. Unless the
Department has decided to deny the license or permit application, the written
determination will be issued with the draft license or permit
conditions.
(4) If the project
includes a set of activities including, without limitation, those to which
310 CMR 9.11(1)(b)
applies, which cannot reasonably be
incorporated into a single license, the Department may upon request of the
applicant issue a consolidated written determination which allows for multiple
licenses to be issued independently for phases of said project, provided the
Department finds that the licenses can be sequenced or conditioned in a manner
which ensures that overall public benefits will exceed public detriments as
each portion of the project is completed. Notwithstanding 310 CMR 9.14(3),
licenses may be issued pursuant to a consolidated written determination issued
under this provision for up to five years, with opportunity for extensions as
deemed appropriate by the Department.
(5) The Department shall issue a license,
permit, draft license, draft permit, or written determination, as appropriate
after the application is determined to be complete by the Department, in
accordance with the provisions of
310 CMR
9.11(3)(c). The Department
may extend such deadline upon request by the applicant. Where a draft license,
draft permit, or written determination is issued, the final license or permit
shall not be issued prior to receipt of the state and local approvals specified
in
310 CMR
9.11(3)(c)3. Notwithstanding
the foregoing, the Department may issue a license, permit, draft license, draft
permit or written determination as part of a Combined Permit or as a separate
license, permit, draft license, draft permit or written determination issued at
the same time as the issuance of or after the issuance of the final Order of
Conditions and/or Water Quality Certification.
(6) Upon issuance, the Department shall send
a copy of the license, permit, or written determination to:
(a) the applicant;
(b) any intervenor and any person who has
requested a copy of said license, permit, or written determination;
(c) CZM or DCR, for projects identified for
participation pursuant to
310 CMR
9.13(2); and
(d) the municipal official, conservation
commission, planning board, and harbormaster, if any, of the city or town where
the project is located.
In the case of a draft license or draft permit, the Department shall send copies to all parties listed in 310 CMR 9.14(6)(a) through (c) and to any party listed in 310 CMR 9.14(6)(d) who has commented on the application within the public comment period.
(7) The Department shall issue a license or
permit after the completion of any appeal period established pursuant to
310 CMR 9.17(2)
or the receipt of any plans, documentation,
or other information requested by the Department in a written determination,
whichever is later, unless a notice of claim for adjudicatory hearing has been
filed pursuant to
310 CMR 9.17.
Notes
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