Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.05 - Procedures

Current through Register 1525, July 5, 2024
(1)
Time Periods
.
				All time periods of ten days or less specified in M.G.L. c. 131, § 40 and
				310 CMR
				10.00 shall be computed using business days only. In
				the case of a determination or Order, such period shall commence on the first
				day after the date of issuance and shall end at the close of business on the
				tenth business day thereafter. All other time periods specified in M.G.L. c.
				131, § 40 and
				310 CMR
				10.00 shall be computed on the basis of calendar days,
				unless the last day falls on a Saturday, Sunday or legal holiday, in which case
				the last day shall be the next business day following.
(2)
Actions by Conservation
				Commission
. Where M.G.L. c. 131, § 40 states that a
				particular action (except receipt of a request or notice) is to be taken by the
				conservation commission, that action is to be taken by more than half the
				members present at a meeting of at least a quorum. A quorum is defined as a
				majority of the members then in office.
Where M.G.L. c. 131, § 40 states that an order or
				  notification shall be signed by a majority of the conservation commission, that
				  action is to be taken by a majority of the members then in office, who need not
				  convene as a body in order to sign, provided they met pursuant to the open
				  meeting law, M.G.L. c. 39, §§ 23A through 23C, when voting on the
				  matter.
Where M.G.L. c. 131, § 40 states that the conservation
				  commission is to receive a request or notice, conservation commission means a
				  member of the conservation commission or an individual designated by the
				  conservation commission to receive such request or notice.
(3)
Determinations of
				Applicability
.
(a)
Requests for Determination of Applicability
.
1. Any person who desires a determination as
				to whether M.G.L. c. 131, § 40 applies to land, or to work that may affect
				an Area Subject to Protection under M.G.L. c. 131, § 40, may submit to the
				conservation commission by certified mail or hand delivery a Request for a
				Determination of Applicability, Form 1. To obtain confirmation of a delineated
				boundary of bordering vegetated wetlands and other resource areas on the site
				to establish the extent of the buffer zone and resource areas prior to filing a
				Notice of Intent for proposed work, an applicant generally should file an
				Abbreviated Notice of Resource Area Delineation. Alternatively, the boundary of
				bordering vegetated wetland (or other resource areas) may be determined through
				the filing of a Notice of Intent. For work within riverfront areas, an
				applicant may submit to the conservation commission by certified mail or hand
				delivery a Request for Determination of Applicability to identify the scope of
				alternatives to be evaluated under
				310 CMR
				10.58(4)(c)2., including
				sufficient information to enable the conservation commission to determine the
				applicable scope.
2. Any person who
				proposes to perform work within the Buffer Zone shall submit to the
				conservation commission either a Notice of Intent for such work or a Request
				for Determination of Applicability. Said request shall include sufficient
				information, as required on Form 1, to enable the conservation commission to
				find and view the area and to determine whether the proposed work will alter an
				Area Subject to Protection under M.G.L. c. 131, § 40. Applicants may use
				the Abbreviated Notice of Resource Area Delineation to confirm the boundaries
				of resource areas and the buffer zone.
Any person who proposes to apply herbicides in the Buffer
				  Zone pursuant to the presumption of
				  310 CMR 10.03(6)(b)
				   shall be required only to submit a request
				  for determination of the boundaries of the Buffer Zone and the Areas Subject to
				  Protection under M.G.L. c. 131, § 40. Such Request for Determination shall
				  be submitted prior to the filing of the Vegetation Management Plan, as required
				  by
				  333 CMR
				  11.00:
Rights of Way Management
, on
				  maps of a scale which will enable the issuing authority to find and delineate
				  those Areas Subject to Protection under M.G.L. c. 131, § 40 identified in
				  310 CMR 10.02(1)(a)
				  through (c) and the Buffer Zone identified in
				  310 CMR 10.02(2)
				   within the vicinity of the project
				  area.
3. A request for a
				Determination of Applicability shall include certification that the Department
				and the owner of the area subject to the request, if the person making the
				request is not the owner, have been notified that a determination is being
				requested under M.G.L. c. 131, § 40.