225 C.M.R. 29.10 – Consolidated Local Permit Application Review Process.

(1) Completeness Determination. The Local Government Representative shall determine whether a Consolidated Local Permit Application is complete not later than 30 days after receipt. The Local Government Representative shall share the Consolidated Local Permit Application with the local Board of Health and other relevant local departments or boards to assist in determining completeness.
1. (a) Completeness Standard. A Consolidated Local Permit Application shall be deemed complete by the Local Government Representative if:
  1. 1. All permit fees have been paid to the Local Government pursuant to 225 CMR 29.09(1); and
  2. 2. The Applicant has provided all necessary documentation, materials, and disclosures required under 225 CMR 29.09(2).
2. (b) If a Consolidated Local Permit Application is deemed incomplete, the Local Government Representative shall notify the Applicant and specify deficiencies. The Applicant shall have 30 days, and any additional time as determined by the Local Government Representative, to cure any deficiencies before the Consolidated Local Permit Application is rejected. The Local Government shall determine whether the revised Consolidated Local Permit Application cures all deficiencies not later than 30 days of receipt.
3. (c) If the Local Government Representative determines the Applicant has not cured all deficiencies, it may allow the Applicant an additional 30 days to cure stated deficiencies or deny the Consolidated Local Permit Application without prejudice. An Applicant whose Consolidated Local Permit Application is denied shall be required to repeat all applicable pre-filing requirements described in 225 CMR 29.08.
4. (d) If the Local Government Representative does not determine whether a Consolidated Local Permit Application is complete within 30 days of receipt, the Consolidated Local Permit Application shall be deemed to be complete and eligible for review under 225 CMR 29.10.
(2) The Applicant shall provide a digital copy of the complete Consolidated Local Permit Application to the Department within ten days of the completeness determination described in 225 CMR 29.10(1).
(3) Review. The Local Government shall complete its review and issue a decision on a Consolidated Local Permit Application not more than 12 months after its receipt of a complete Consolidated Local Permit Application, or from the date it is deemed complete pursuant to 225 CMR 29.10(1). All Local Government boards and departments reviewing the Consolidated Local Permit Application may conduct their reviews concurrently provided that those reviews are complete within 12 months. Local Government boards and departments shall maintain intergovernmental collaboration throughout the application review process.
1. (a) The Local Government’s 12-month review period shall begin upon its receipt of the Applicant’s complete Consolidated Local Permit Application and terminate upon the date that the Town Clerk stamps the Consolidated Local Permit.
2. (b) In the case that a Local Government lacks the resources, capacity or staffing to review a Consolidated Local Permit Application within 12 months, it may, not later than 60 days after receipt of such application or at any time thereafter with the consent of the Applicant, request in writing a De Novo Adjudication of such application by the EFSB Director pursuant to 980 CMR 14.02(1)(c) and 14.02(2)(b). If the EFSB Director accepts the Consolidated Local Permit Application for said De Novo Adjudication, any permit fees received by Local Government for its review of the Consolidated Local Permit Application shall be refunded in full to the Applicant within 30 days of the Director’s acceptance of the Consolidated Local Permit Application, or as soon as practicable.
(4) Significant Changes to a Proposed Small Clean Energy Infrastructure Facility. If the Applicant identifies a Significant Change to a Small Clean Energy Infrastructure Facility before the Local Government Representative issues its decision on the Consolidated Local Permit Application, the Local Government Representative may determine the Consolidated Local Permit Application is incomplete. The Applicant may then submit all necessary supplemental materials to reflect the Significant Change and request a completeness determination from the Local Government Representative. The Local Government shall have 12 months from the date of the Local Government Representative’s subsequent completeness determination to issue its decision on the Consolidated Local Permit Application.
(5) Decision on Individual Application Components. All Local Government boards, offices, commissions, and departments tasked with reviewing the Consolidated Local Permit Application under 225 CMR 29.10 shall issue their respective decisions on Individual Application Components, which grant, grant with conditions, or deny the application, not more than 12 months after the date that a complete Consolidated Local Permit Application is received by the Local Government Representative. Decisions on Individual Application Components shall be promptly communicated to the Local Government Representative issuing the decision on the Consolidated Local Permit Application. If a Local Government board or department issues a decision on an Individual Application Component denying the Consolidated Local Permit Application before other Local Government boards and departments reach a decision on their respective Individual Application Components, the Local Government boards and departments with pending decisions shall continue their review and issue a decision on their respective Individual Application Components. A decision by a Local Government on an Individual Application Component may not be appealed or reviewed independently.
1. (a) Decision on Consolidated Local Permit Application. The Local Government Representative shall issue its decision on the Consolidated Local Permit Application and notify the Applicant, the Department, and the Local Government's Town Clerk of that decision that same day. That decision shall incorporate all decisions on Individual Application Components and include applicable conditions. If one or more Local Government boards and departments issue a decision denying an Individual Application Component, the Consolidated Local Permit Application shall be denied.
  1. 1. Approval. If the Local Government approves the Applicant’s Consolidated Local Permit Application, the Local Government shall issue a decision approving the Consolidated Local Permit Application that incorporates all Individual Application Components. An approved Consolidated Local Permit Application may include one or more permits.
  2. 2. Denial. If the Local Government denies the Applicant’s Consolidated Local Permit Application, the Local Government shall issue a decision on the denied Consolidated Local Permit Application which shall include detailed reasoning for the denial. A Consolidated Local Permit Application shall be presumed to be denied without prejudice.
2. (b) Constructive Approval. If the Local Government fails to issue a decision on the Applicant’s Consolidated Local Permit Application within the 12-month review period, the Consolidated Local Permit Application shall result in Constructive Approval and be subject to the conditions and requirements of 225 CMR 29.12. The Local Government Representative shall provide a digital copy of the Constructive Approval of the Consolidated Local Permit Application to the Applicant and the Department within ten days. Such digital copy shall include the Town Clerk’s stamp.
(6) The Local Government Representative shall provide a digital copy of the decision on the Consolidated Local Permit Application to the Applicant and the Department within ten days. Such digital copy shall include the Town Clerk’s stamp.
(7) Information Requests. The Applicant shall respond to all communications made by the Local Government within five days. The Applicant shall ensure the correct contact information, including email, is listed on the Consolidated Local Permit Application, and updated as needed. The Applicant shall submit any revisions requested in such communication within ten days, unless an extension has been granted in writing by the Local Government. Such extension may not exceed the 12-month review period as described in 225 CMR 29.10(5). If the Local Government reasonably determines that an Applicant’s failure to respond in a timely manner or status of incompleteness could impede the Local Government’s ability to complete its review and issue a final decision within 12 months, the Local Government may deny the Consolidated Local Permit Application. The Local Government’s information requests shall be appropriate in scope. If a Local Government routinely submits requests for information that are not reasonably necessary to facilitate its review of a Consolidated Local Permit Application, or communicates with an Applicant in a manner that is designed to place the Applicant into a state of non-compliance with 225 CMR 29.10, the Department may provide an advisory recommendation on the appropriateness of such information requests and may document its occurrence to the Board in the event that the Small Clean Energy Infrastructure Facility advances to a De Novo Adjudication pursuant to 225 CMR 29.10(8).
(8) De Novo Adjudication of Consolidated Local Permit Decisions.
1. (a) Applicants and other individuals or entities substantially and specifically affected by a decision of a Local Government on a Consolidated Local Permit Application may file a written petition to request a De Novo Adjudication of a decision on a Consolidated Local Permit Application by the director of the Board pursuant to 980 CMR 14.00: De Novo Adjudications of Consolidated Local Permit Applications.
2. (b) Pursuant to 980 CMR 14.00: De Novo Adjudications of Consolidated Local Permit Applications, a petition for a De Novo Adjudication must be filed within 30 days of the Local Government Representative’s decision on a Consolidated Local Permit Application, or the Constructive Approval of a Consolidated Local Permit Application. A single decision on Individual Application Components is not eligible for an independent De Novo Adjudication or otherwise independently appealed or reviewed.
3. (c) The Applicant shall comply with all requests or restrictions, including restrictions on performance of work, while the decision on a Consolidated Local Permit is under De Novo Adjudication pursuant to 225 CMR 29.00 and 980 CMR 14.00: De Novo Adjudications of Consolidated Local Permit Applications.