Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Regulations for All Wetlands › Section 10.10 - Effective Date

Current through Register 1525, July 5, 2024
(1)
									310 CMR
				10.01 through 10.10 and
				10.51 through
				10.60
				shall take effect on April 1, 1983 and shall apply to all Notices of Intent
				filed on or after that date and any subsequent procedures related to such
				filings made on or after that date.
				310 CMR
				10.01 through 10.10 and
				10.51 through
				10.60
				shall not apply to any Notice of Intent filed prior to the effective date of
				310 CMR
				10.00, or to any extensions of any Order of Conditions
				the Notice of Intent for which was filed prior to said effective date, except
				as otherwise provided in
				310 CMR 10.05(4)(g) and
				(h).
(2) The effective date of
				310 CMR 10.21
				through
				10.37
				is August 10, 1978.
				310 CMR 10.21
				through
				10.37
				shall not apply to any Notice of Intent filed prior to August 10, 1978, or to
				any extensions to an Order of Conditions when the Notice of Intent upon which
				such Order was based was filed prior to August 10, 1978.
(3) All proceedings and actions commenced
				under M.G.L. c. 131, § 40 prior to the effective date of
				310 CMR
				10.00 shall remain in full force and effect under the
				prior applicable regulations, except as otherwise provided in
				310 CMR 10.05(4)(g) and
				(6)(h).
(4) The amendments to
				310 CMR
				10.00 concerning application of herbicides to rights
				of way contained in
				310 CMR
				10.03(6),
				10.04:
Alter
, 10.05(3)(a)2., (b)1. and (d)1. shall be
				effective on July 10, 1987.
(5) The
				amendments to
				310 CMR
				10.00 published in the Massachusetts Register on
				October 16, 1987, concerning primarily the protection of wildlife habitat,
				shall take effect on November 1, 1987, and shall apply to all Notices of Intent
				filed on or after that date and any subsequent procedures related to such
				filing made on or after that date. The amendments to
				310 CMR
				10.00, concerning primarily the protection of wildlife
				habitat, shall not apply to any Notice of Intent filed prior to November 1,
				1987, or to any extensions of any Order of Conditions the Notice of Intent for
				which was filed prior to November 1, 1987, except as otherwise provided in
				310 CMR 10.05(4)(g) and
				(6)(h). All proceedings and actions commenced
				under M.G.L. c. 131, § 40 prior to November 1, 1987, and shall remain in
				full force and effect under the prior applicable regulations, except as
				otherwise provided in
				310 CMR 10.05(4)(g) and
				(6)(h).
(6) The amendment to
				310
				CMR 10.55 concerning work in Bordering
				Vegetated Wetlands that are within an Area of Critical Environmental Concern
				contained in
				310
				CMR 10.55(4)(e)  shall be
				effective on April 23, 1993, and shall not apply to any Notice of Intent filed
				prior to the effective date.
(7)
				The amendments to
				310 CMR
				10.00 concerning normal maintenance and improvement of
				land in agricultural use contained in
				310 CMR 10.04:
Agriculture
10.06(6), and 10.53(5) shall be effective
				on May 21, 1993, and shall not apply to any Notice of Intent filed prior to the
				effective date.
(8) The provisions
				of
				310 CMR
				10.03(7)(c)2.k., 3.e., and
				4.j. through l., 10.06(7), 10.24(7)(c)4. through 6., 10.53(3)(m) through (q),
				and the revisions to
				310 CMR
				10.03(7)(c)2.e., and 4.b.,
				10.06(3) and (5), and 10.53(3)(i) promulgated on December 3, 1993, shall take
				effect on January 1, 1994. They shall not apply to any Notice of Intent filed
				before January 1, 1994, nor to any extensions to an Order of Conditions when
				the Notice of Intent upon which such Order was based was filed prior to that
				date.
(9) The effective date of
				310
				CMR 10.55(1) and (2) is June
				30, 1995.
(10) The revisions to
				310 CMR
				10.02 through
				10.05,
				10.21,
				10.53,
				10.58, and
				10.60
				to incorporate St. 1996, c. 258 amendments to M.G.L. c. 131, § 40, and the
				deletion of 310 CMR 10.99, shall be effective on October 6, 1997 and shall
				apply to Requests for Determination of Applicability and Notices of Intent
				filed after that date. Applicants who have received an Order of Conditions
				before August 7, 1996 or filed a Notice of Intent before August 7, 1996 and
				received a Final Order of Conditions before August 7, 1997, or later pending
				resolution of an adjudicatory hearing, shall not be subject to the requirements
				of
				310 CMR 10.58 for
				the work permitted by the Order. A Determination of Applicability issued before
				August 7, 1996 is valid only for the resource areas specified in the
				Determination and not for the riverfront area.
(11) The amendments to
				310 CMR
				10.00 concerning drought (found at
				310 CMR 10.04:
Pond
;
				310 CMR
				10.58(2)(a)1.f.) and
				perennial and intermittent streams (found at
				310 CMR 10.58(2)(a)
				 ) shall take effect on December 20, 2002 and
				shall not apply to any Request for Determination of Applicability, Abbreviated
				Notice of Resource Area Delineation, Abbreviated Notice of Intent, or Notice of
				Intent filed prior to the effective date.
(12) The provisions of
				310 CMR
				10.00 promulgated in 2005 shall take effect on March
				1, 2005. They shall not apply to any Notice of Intent or and Notice of Resource
				Area Delineation filed prior to March 1, 2005.
(13) The revised procedures for wetland
				appeals set forth
				310 CMR 10.05(7)(j)
				 take effect on October 31, 2007 and shall
				apply to all wetland appeals for which a notice of claim is filed on or after
				October 31, 2007.
(14) The
				amendments to
				310 CMR
				10.00 concerning Combined Applications, Combined
				Permits, Restoration Order of Conditions, Ecological Restoration Limited
				Projects and procedures for filing a Notice of Intent shall apply to Notices of
				Intent filed on or after October 24, 2014.