Decision
Effective Feb 27, 2026Mass. Register #1568MGL c. 30A MGL c. 164, §§ 69H, 69WEnergy Facilities Siting Board
(1) Decision by Director.
(a) Standard for Decision. For petitions submitted pursuant to 980 CMR 14.02(1)(a) or (b), the Director shall review the Final Decision of the Local Government for:
- 1. consistency with 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting, established pursuant to M.G.L. c. 25A, § 21; and
- 2. consistency with M.G.L. c. 164, § 69H.
(b) Timing of Decision.
- 1. For petitions submitted pursuant to 980 CMR 14.02(1)(a) or (b), the Director shall issue a decision on the De Novo Adjudication within six months of receipt of the petition for De Novo Adjudication, and such decision shall be final.
- 2. For petitions from a Local Government pursuant to 980 CMR 14.02(1)(c), the Director shall issue a decision on the De Novo Adjudication pursuant to M.G.L. c. 25A, § 21(g), within 12 months of a determination that the Consolidated Local Permit Application is complete, and such decision shall be final.
(2) If the Director finds that the Local Government’s decision is inconsistent with
- (a) the regulations established by the DOER at 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting; or
- (b) M.G.L. c. 164, § 69H, the Director shall issue a final decision that shall supersede the Local Government’s prior decision and that may impose new permit conditions that are consistent with the laws of the Commonwealth.
- (3) No work shall be undertaken by the Applicant until the Director has issued a final decision on the Consolidated Local Permit Application as part of the De Novo Adjudication.