400 CMR, § 3.08 - Waivers and Extensions

(1) The 180 or 210 calendar day permit review period may be waived or extended for good cause upon written request of the applicant with the consent of the issuing authority or upon written request of the issuing authority with the consent of the applicant. The request shall include all of the reasons why the extension is sought.

(a) The party who receives the request shall agree to or deny the extension within ten business days by notifying the requesting party of its decision. Notification shall be sent by mail or electronic mail.

(b) The permit review period shall be tolled for the ten business days a party has to agree to or deny the extension. The permit review period shall begin again on the day the party agrees to or denies the extension or on the day the ten business days expire, whichever occurs sooner.

1. In the event the extension request is agreed to, the number of days remaining in the permit review period at the time the period was tolled shall be added to the number of days included in the agreed upon extension to create a new review time period.

2. In the event the extension request is denied, the permit review period shall last only the number of days that remained at the time the period was tolled.

(c) Failure to notify the requesting party of a decision within ten business days shall be considered an automatic grant of the extension requested.

(d) The applicant and issuing authority may agree in writing as to the length of the extension, but in no case shall an extension for good cause last longer than 60 calendar days without the concurrence of the Permit Ombudsman.

(2) The permit review period shall be extended without consent of the permit applicant if the issuing authority determines:

(a) action by another federal, state or municipal government agency is required before the issuing authority may act;

(b) judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application; or

(c) enforcement proceedings that could result in revocation of an existing permit for that project facility or activity and denial of the application have been commenced.

(3) Where the permit review period is extended without consent of the permit applicant under 400 CMR 3.08(2), the issuing authority shall provide written notice to the applicant, the Secretary, and the Permit Ombudsman. Such notice shall toll the permit review period until the reason for the extension is no longer applicable. Upon receiving notice that the reason for the extension is no longer applicable, the issuing authority shall provide written notice to the applicant, the Secretary, and the Permit Ombudsman within five business days. The permit review period shall resume on the calendar day following the day on which the issuing authority provides such notice and shall last only the number of days that remained when the permit review period was tolled, except as provided for in 400 CMR 3.08(1). An issuing authority shall not deny a permit exclusively due to a lack of time for review if the applicant has provided a complete application and met all other obligations under M.G.L. c. 43E and 400 CMR 3.00.

Notes

400 CMR, § 3.08