1. (1) Effect of Decision. In accordance with M.G.L. c. 164, §§ 69T(i), 69U(c), 69V(c), a Constructive Approval acts as an approval of all relevant permits and approvals from all state, regional, and local agencies required to construct and operate the Project. See 980 CMR 17.03(1).

   1. (a) No state, regional, or local agency may require any other approval, consent, permit, certificate or condition for the construction, operation, or maintenance of the Project.
   2. (b) No state, regional, or local agency may impose or enforce any law, ordinance, by-law, rule or regulation nor take any action nor fail to take any action, other than reasonably enforcing the conditions and requirements of the Constructive Approval, that would delay or prevent construction, operation, or maintenance of the Project.
2. (2) Rights of Appeal. Under M.G.L. c. 164, §§ 69T, 69U, or 69V, a Constructive Approval is deemed a final decision, and is subject to appeal under M.G.L. c. 164, § 69P. The appeal deadline shall be calculated from the date the Presiding Officer distributes the Constructive Approval pursuant to 980 CMR 17.04(2).

3. (3) Scope of Review. The scope of such judicial review is governed by M.G.L. c. 164, § 69P. The scope of the appeal shall be limited to whether the Constructive Approval:

   1. (a) is in conformity with the Constitution of the Commonwealth and the United States Constitution;
   2. (b) was made in accordance with the procedures established in M.G.L. c. 164, §§ 69H through 69O, and M.G.L. c. §§ 69T through 69W, and the rules and regulations of the Board with respect to such provisions;
   3. (c) was supported by substantial evidence of record in the board’s proceedings; or
   4. (d) was arbitrary, capricious or an abuse of the Board’s discretion under M.G.L. c. 164, §§ 69H through 69O, and M.G.L. c. 164, §§ 69T through 69W.

REGULATORY AUTHORITY

980 CMR 17.00: M.G.L. c. 164, §§69T(i), 69U(c), 69V(c)