Code of Massachusetts Regulations › 400 CMR - EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT › Title 400 CMR 3.00 - Expedited State Permitting › Section 3.03 - Definitions

Current through Register 1525, July 5, 2024
As used in
				400 CMR
				3.00, the following terms shall, unless the context
				clearly requires otherwise, have the following meanings:
Agency
:
(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.