310 CMR, § 10.10

Current through Register 1533, October 25, 2024
Section 10.10 - Effective Date
(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: Agriculture10.06(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.

310 CMR, § 10.10

Amended by Mass Register Issue 1272, eff. 10/24/2014.