4.11 EXTENSIONS/EXPIRATION OF ORDERS OF CONDITIONS AND DETERMINATIONS OF APPLICABILITY
The Commission may extend an Order for one or more periods of up to three years each. The request for an extension shall be made to the issuing authority at least 30 days prior to expiration of the Order. The Extension Permit shall be signed by a majority of the Commission. A copy of the Extension Permit shall be sent to the DEP.
Extension permits will only be granted for those projects, which meet current state and local regulations. Extensions will not be allowed for projects which do not meet regulations, unless the project is also amended and modified to come in compliance with said regulations. Any review by the Commission for an extension to an approved project will be based on the regulations in effect at the current time.
The Commission may deny the request for an extension and require the filing of a new Notice
of Intent for the remaining work in the following circumstances:
1. Where no work has begun on the project, except where such failure is due to an unavoidable delay, such as appeals, in the obtaining of other necessary permits;
2. Where new information, not available at the time the Order was issued, has become available and indicates that the Order is not adequate to protect the interests identified;
3. Where incomplete work is causing damage to the interests;
4. Where work has been done in violation of the Order, MGL c. 131 § 40, 310 CMR 10.00, the Town of Sturbridge Wetland Bylaw or these regulations.
The Extension Permit for Orders of Conditions shall be recorded in the Worcester Land Court or the Worcester Registry of Deeds, whichever is appropriate. Proof of recording shall be sent to the Commission prior to the start of any further work. If work is undertaken without the applicant so recording the Extension Permit, the Commission may issue a Cease and Desist Order, or may itself record the Extension Permit.
Extensions for any Order of Conditions not containing an expiration date, issued for work proposed in a Notice of Intent filed under the Wetlands Protection Act prior to November 18, 1974, shall expire on April 17, 1986. Any permits issued after November 18, 1974 shall expire and be considered closed and invalid for any work covered under the permit that has not been started after 3 years from the date of issuance. Extension orders may be obtained from the Commission for projects not completed within the 3 year timeframe, by submitting an extension application at least 30 days prior to the expiration date. Permits for applicants who do not meet this timeline for extending their permit are considered expired and closed. Applicants must file a new permit application, Request for Determination or
Notice of Intent, with the Commission for any further work, whether started within the 3 years or not. An applicant may file a petition to waive the refilling requirement and to reopen the Order or Determination with the Commission. In reviewing the application for extension, the Commission may impose additional conditions to the project to meet current state or local law, bylaw or regulation requirements.
| 
