400 CMR 3.03 - Definitions

As used in 400 CMR 3.00, the following terms shall, unless the context clearly requires otherwise, have the following meanings:


(a) Any agency, department, board, commission, or authority of the Commonwealth.

(b) Agency shall not include a Federal, municipal, or regional agency, department, board, commission or authority, unless it is:

1. a municipal redevelopment agency created or acting in accordance with M.G.L. c. 121A or c. 121B; or

2. any other authority of any political subdivision of the Commonwealth that is created or acting specifically as an authority in accordance with applicable statutes.

Business Day: a weekday (Monday through Friday), excluding state and federal holidays, on which the offices of the Commonwealth are open for regular business.

Expedited State Permitting Program (Program): the expedited state permitting process created under M.G.L. c. 43E and 400 CMR 3.00.

Final Action on a Complete Permit Application: the formal approval or denial of a permit application deemed complete under 400 CMR 3.06, excluding any additional time periods for appeals.

Growth District: a district designated by the Secretary of Housing and Economic Development, with the approval of the Secretary of Energy and Environmental Affairs, to participate in the "Growth District Initiative."

Growth District Initiative: a program established by the Executive Office of Housing and Economic Development and St. 2008, c. 303, § 2C to provide for commercial and residential transportation and infrastructure development, improvements and various capital investment projects.

Interagency Permitting Board: the board, as described in M.G.L. c. 23A, § 62, established to review and approve or deny municipal priority development site proposals.

Issuing Authority: a state agency, commission, department, or other state entity that is responsible for issuing permits, granting approvals or otherwise involved in land use development including redevelopment of existing buildings and structures.

MEPA Office: the Secretary of Energy and Environmental Affairs' staff that carries out the day-to-day administration of the Massachusetts Environmental Protection Act (M.G.L. c. 30, §§ 61 through 62I) and 301 CMR 11.00: MEPA Regulations.

Mixed-use: a mix of some or all of commercial, industrial, or residential uses on a parcel or adjoining parcels of real property.

Parties to the Proceedings: any person who provided testimony or submitted written comments on the record during a public hearing or public comment period for the project.

Permit: a permit, formal determination, order of conditions, license, certificate, authorization, registration or other approval or determination with respect to the use, development, or redevelopment of land, buildings or structures required by an issuing authority. "Permit" shall not include the decision of an agency to dispose of property under its management or control or permits granted by the Massachusetts Water Resources Authority or permits or approvals issued by the Department of Public Utilities or the Energy Facilities Siting Board under M.G.L. c. 40A and M.G.L. c. 164, or requests for variances or waivers from state laws or regulations.

Permit Ombudsman: an individual appointed by the Governor pursuant to M.G.L. c. 23A, § 3H to chair the Interagency Permitting Board and direct the Board to conduct state permit evaluations and streamline and expedite state permitting procedures. The Permit Ombudsman shall facilitate communication between municipalities and state issuing authorities on permitting issues.

Permit Review Period: the cumulative number of calendar days (180 or 210, whichever applies) for an issuing authority to review a permit application deemed complete under 400 CMR 3.06. The permit review period shall not include the days, if any, during which the period has been tolled under one of the provisions of 400 CMR 3.00.

Person: any individual, corporation, partnership, trust, association, or other business or non-profit organization, or any Federal, municipal, or regional governmental, intergovernmental or other entity that is not an issuing authority.

Priority Development Site: as defined by M.G.L. c. 43D, § 2, it is a privately or publicly owned property that is:

(a) commercially or industrially zoned;

(b) eligible under applicable zoning provisions, including special permits or other discretionary permits, for the development or redevelopment of a building of at least 50,000 square feet of gross floor area in new or existing buildings or structures; and

(c) designated as a priority development site by the Interagency Permitting Board. Several parcels or projects may be included within a single priority development site. Wherever possible, priority development sites should be located adjacent to areas of existing development or in underutilized buildings or facilities, or close to appropriate transit services.

Project: work, project, or activity directly undertaken by an agency or person, which seeks the provision of financial assistance by an agency, or requires the issuance of a permit by an issuing authority, but shall not include a grant of aid for medical services or personal support, such as welfare or unemployment funds, to an individual or a third party on behalf of an individual.

Receipt of a Permit Application: when the application is delivered to the issuing authority's office and the issuing authority acknowledges receiving the application in one of the following manners:

(a) If the permit application is hand delivered, the applicant shall obtain from the issuing authority a time stamp on the application or a written notice, in any form, acknowledging the day on which the issuing authority received the application.

(b) If the permit application is sent by mail, the applicant shall select return receipt service so as to establish the day on which the issuing authority received the application.

(c) If the permit application is submitted by electronic mail, the applicant shall request a read receipt so as to establish the day on which the issuing authority received the application.

Site: a privately or publicly owned property that is zoned for commercial, industrial, or mixed-use development.

Secretary: the Secretary of the Executive Office of Housing and Economic Development.


400 CMR 3.03

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