314 CMR, § 21.11 - Appeals

During the 21-day period following issuance of the Watershed Permit, the determination to deny the permit, or the issuance of significant permit modifications under 314 CMR 21.06(4) the applicant or any person aggrieved by the issuance or the determination, if that aggrieved person also filed comments during the public comment period or provided testimony at a public hearing, may file a request for an adjudicatory hearing. The appeal of a significant permit modification(s) shall be limited to the significant modification(s). The requirement to file written comments or provide testimony at a public hearing may only be excused if the final Watershed Permit reflects significant changes from the Department's tentative determination that could not be reasonably anticipated. If the Department revokes or terminates a Watershed Permit, the permittee may request an adjudicatory hearing within 21 days following issuance of the revocation or termination. The standing of a person to request an adjudicatory hearing and the procedures for filing such request are governed by M.G.L. c. 30A and 310 CMR 1.01: Adjudicatory Proceeding Rules for the Department of Environmental Protection.

Notes

314 CMR, § 21.11

Adopted by Mass Register Issue 1499, eff. 7/7/2023. Amended by Mass Register Issue 1501, eff. 7/7/2023.