321 Mass. Reg. 10.24
Amendments to the definition of the terms "Alter", "Best Scientific Evidence Available", "Capacity of a Designated Significant Habitat to Support a Population of Endangered or Threatened Species", "Priority Habitat", "Project of Activity", "Record Owner", and "Take", as set forth in 321 CMR 10.02, to regulations concerning "Permits for the Taking and Possession of Species, as set forth in 321 CMR 10.04(3), and to regulations concerning "Delineation of Priority Habitat and Review of Activity or Projects within Priority Habitat" as set forth in 321 CMR 10.11 through 10.24, shall take effect following the approval by the Secretary of Administration and Finance of fees for environmental review under 321 CMR 10.00, and the publication of said fees in the Massachusetts Register and 801 CMR 4.00, and shall apply to any then pending and new requests for information or applications for a Conservation and Management Permit. The most recently published July 1, 2005, Priority Habitat maps, including updated maps posted on Mass Graphic Information System (GIS), available July 1, 2005 will be the maps used for purposes of 321 CMR 10.00. Changes to Priority Habitat maps will follow guidelines set forth in 321 CMR 10.12. Any person who, prior to the publication of notice of hearing of amendments to the provisions of 321 CMR 10.00, requested and obtained a determination from the NHESP Program that the Program is not aware of any Endangered, Threatened or Special Concern species on the subject land, submitted a project that was approved or that the proposed location of the project does not lie near any estimated or Priority Habitats, such determination shall continue to be effective for a period of three years from the effective date of 321 CMR 10.00.
Any project proponent who has obtained an ORAD for a Project or Activity that was not in Priority Habitat prior to the effective date of the 2010 amendments to 321 CMR 10.00 and would otherwise be eligible for the exemption from MESA review under 321 CMR 10.13(2)(b), shall not be subject to review under MESA if the project proponent thereafter obtains an Order of Conditions, if needed, or one of the permits or approvals in 321 CMR 10.13(2)(c) by the expiration date of the initial three year term of the Final ORAD as required by 321 CMR 10.13(2)(b).
321 CMR 10.24