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This policy discusses how MassDEP will review requests for Superseding Orders when a project has missing information.
Effective Date: 3-28-2008
Program Applicability: All Boston and regional BRP programs
Supersedes Policy: None
Approved by: [signed] Glenn Haas, Acting Assistant Commissioner, BRP
This policy sets forth the Department's approach for reviewing requests for Superseding Orders of Conditions when a conservation commission denies an Order of Conditions (OOC), a Request for Determination of Applicability, or a Notice of Resource Area Delineation due to a lack of necessary information pursuant to 310 CMR 10.05(6).
To help ensure that conservation commissions have sufficient expertise available to address the specific issues raised by an applicant's project, c. 44, section 53G* gives conservation commissions authority to charge a fee for the employment of outside consultants. Conservation commissions can utilize that fee to ensure that an application has the necessary information for them to make a decision pursuant to the Wetlands Protection Act, M.G.L. c. 131, sec.40, and 310 CMR 10.00. The Department will apply the following criteria when reviewing a request for a Superseding Order of Conditions where the commission's denial was based upon a lack of necessary information provided by the applicant.
This guidance is for Department staff reviewing requests for Superseding Orders of Conditions when a conservation commission denies an Order of Conditions (OOC), a Request for Determination of Applicability, or a notice of Resource Area Delineation due to a lack of necessary information pursuant to 310 CMR 10.05(6) and may not be relied upon for any other purpose. This guidance does not constitute a final agency decision and does not create any legal rights or relieve any person of obligations that exist pursuant to applicable laws.
* M.G.L. c. 44, Section 53G provides, in relevant part:
...any city or town that provides by rules promulgated ... by a conservation commission established by a city or town ... when implementing the authority conferred under ... section 40 of chapter 131, or under any local wetlands ordinance or by-law, for the imposition of reasonable fees for the employment of outside consultants may deposit such fees in a special account. Such rules shall provide for an administrative appeal from the selection of the outside consultant to the city council or town board of selectmen. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum, required qualifications.