Effective Date, Transition Rule, and Severability

(1) 314 CMR 9.00 shall take effect on January 2, 2008. Any application submitted to the Department prior to January 2, 2008 shall be considered under the standards and criteria in effect prior to January 2, 2008, including the Stormwater Management Standards as set forth in the Stormwater Policy issued by the Department on November 18, 1996. (2) Transition Rule. When an applicant has filed a Notice of Intent under M.G.L. c. 131, § 40 prior to March 1, 1995 for which a Final Order is subsequently issued and the planning board approves a definitive subdivision plan pursuant to M.G.L. c. 41, §§ 81K through 81GG or determines that approval is not required based on plans that substantially conform to the Notice of Intent, activities related to a real estate subdivision shall be subject to the substantive standards as previously in effect under 314 CMR 9.00 dated December 31, 1983. Such activities shall be subject to the application provisions of the revised 314 CMR 9.00 effective March 1, 1995, but not including 314 CMR 9.06 through 9.10. (3) Severability. If any provision of any part of 314 CMR 9.00, or the application thereof, is held to be invalid, such invalidity shall not affect any other provision of 314 CMR 9.00.