Initiation of Negotiations
Effective Jul 9, 2004MGL c. 21D, § 4Massachusetts Department of Environmental Protection
(1) Negotiations between a developer and a host community shall commence as follows:
- (a) Where a developer has submitted a Notice of Intent which names a specific site and has indicated an unwillingness to utilize the site suggestion process, negotiations shall commence at any time following a determinationbythe Councilpursuantto 990 CMR 5.00 that the proposed project is feasible and deserving of state assistance;
- (b) Where a developer has utilized the site suggestion process pursuant to 990 CMR 7.00, negotiations shall commence at any time following distribution by the Department of a Final Suggested Site List pursuant to 990 CMR 7.05, if said list contains only one site or if it contains sites in a single host community;
- (c) Where a developer has utilized the site suggestion process pursuant to 990 CMR 7.00 and the Department has distributed a Final Suggested Site List, containing sites in more than one community, negotiations shall commence at any time after the developer has filed a project notification form pursuant to 990 CMR 10.00 for a specific site on said list.
- (2) In any event, negotiations between a developer and a host community shallcommence upon the Council's determination that the Draft SEA is adequate.