Within 45 days of its receipt of such information and the payment of a fee, the amount of which shall be determined by the commissioner of administration under the provisions of M.G.L. c.7, § 3B, the Division shall, applying the criteria in 321 CMR 10.12(2), issue a written decision either confirming the original delineation or modifying that delineation as the Division determines is warranted by the additional information submitted to the Division. The decision shall state the grounds for the Division's determination, and shall be mailed by certified mail to the Record Owner. This decision shall be considered the final agency action for the purposes of M.G.L. c. 30A. No Record Owner may appeal the delineation in the Priority Habitat Map pursuant to c. 30A without first requesting reconsideration as provided above. However, the failure to request reconsideration shall not preclude a Record Owner from challenging the Priority Habitat delineation in connection with the review of a Project or Activity pursuant to 321 CMR 10.18 or in any subsequent appeal relating to that review.
321 CMR 10.12