Amnesty

(1) General. Notwithstanding the provisions of 310 CMR 9.09(2), certain substantive and procedural standards of 310 CMR 9.11 through 9.55 shall not apply to the licensing of existing unauthorized fill or structures provided the Department received an application by October 4, 1996. Furthermore, during the amnesty period the Department may postpone the requirement to obtain a license for certain small-scale water-dependent structures on residential property by issuing an interim approval for said structures. The Department will initiate enforcement action to require the removal or licensing of any such structure pursuant to 310 CMR 9.00 only upon the expiration or revocation of the interim approval or the violation of the terms and conditions thereof. After the close of the amnesty period, the Department will require strict compliance with all provisions of 310 CMR 9.00 and will take enforcement action, including the assessment of penalties if appropriate, to ensure that all unauthorized fill and structures are either licensed or removed. (2) Projects Which May Be Authorized under the Amnesty Program. (a) An application for a license under the amnesty program may be submitted only for a project consisting entirely of the continuation in use of existing fill or structures not previously authorized, or for which a grant or license is not presently valid pursuant to 310 CMR 9.00, provided that: 1. said fill or structures have been in use since January 1, 1984, and no unauthorized substantial change in use or substantial structural alteration has occurred since that date; and 2. an application has been filed with the Department by October 4, 1996. (b) An application for an interim approval under the amnesty program may be submitted only for a project meeting the criteria of 310 CMR 9.28(2)(a), and which consists entirely of an existing dock, pier, seawall, bulkhead, or other small-scale water dependent structure that is accessory to a single family residence. (3) Standards for Applications under Amnesty Program. For purposes of authorizing any project under the amnesty program, the applicable substantive standards found at 310 CMR 9.07 and 9.20 through 9.27, effective September 15, 1978, shall remain in full force and effect in lieu of the substantive standards found at 310 CMR 9.31 through 9.60. (4) Procedures for Applications under Amnesty Program. For purposes of authorizing projects under the amnesty program, the applicable procedural rules found at 310 CMR 9.11 through 9.30 shall be in effect, except for any time schedule for Department action specified therein, and except as modified in accordance with the following provisions. (a) Plans, 310 CMR 9.11(2) and (3): In the case of an application for an interim approval, the plan need not be certified by a Registered Professional Engineer or Registered Land Surveyor if the fill or structure is accurately drawn on a scaled plan in accordance with application instructions issued by the Department. (b) Other State and Local Approvals, 310 CMR 9.11(4): In the case of an application for an interim approval, except for any project located in an ACEC, the application need not provide evidence of compliance with the applicable state and local requirements, and the Department shall presume compliance with these requirements unless the Department receives information to the contrary during the public comment period. (c) Terms, 310 CMR 9.15: In the case of an application for an amnesty license for a water-dependent use project on Commonwealth tidelands, the license term shall be 99 years unless the Department determines that a shorter term is necessary to protect the public interest in said lands. In the case of an application for an interim approval, said approval shall expire in 30 years unless the affected property is transferred to a new owner for valuable consideration, in which case said approval shall expire one year from the date of recording of the transfer at the Registry of Deeds. An interim approval shall not be renewed upon expiration; further authorization from the Department must be obtained in the form of a license. (d) Fees, 310 CMR 9.16(2) through (4): In the case of an application for an amnesty license for a water-dependent use project, the applicable regulations governing tidewater displacement and occupation fees found at 310 CMR 9.08, effective September 15, 1978, shall remain in full force and effect in lieu of the fee regulations found at 310 CMR 9.16(2) through (4). In the case of an application for an interim approval no such fees shall apply. All applications under the amnesty program shall pay the appropriate application fee in accordance with 310 CMR 9.16(1). (e) Recording, 310 CMR 9.18: In the case of an application for an interim approval, said approval shall be recorded, without the accompanying plan, at the Registry of Deeds in accordance with 310 CMR 9.18. (f) Transfer, 310 CMR 9.23: In the case of an application for an interim approval, said approval shall not run with the land, but shall automatically expire one year from the date of recording of the transfer of the affected property to a new owner for valuable consideration.