Sections 11, 12 and 13
Links from this page are included to assist the reader, and are not part of the rule. Text amended effective December 27, 2006.
11. Recording of order. The department shall record each order approving or modifying a permit pursuant to chapters 500 and 502 in the appropriate registry of deeds.
12. Severability . Should any provision of this chapter be declared invalid or ineffective by court decision, the decision shall not invalidate any other provision of this chapter.
13. Transition. For purposes of the Stormwater Management Law only, Laws 1995, c. 704, § B-4 provides that impervious areas and disturbed areas created prior to July 1, 1997 are not counted when determining the amount of such areas on a parcel, although such areas may be reviewed to the extent necessary to ensure that controls intended to address new areas function adequately. New construction on an impervious area created prior to July 1, 1997 is not counted when determining the amount of impervious area on a parcel. An area is considered "created" for purposes of this provision when local approval has been received, and construction has begun.
If the definition for "impervious area" is met, examples of "new construction on an impervious area created prior to July 1, 1997 ," which is not counted toward total impervious area for purposes of determining jurisdiction under the Stormwater Management Law, include the following:
A. A building demolished and a parking lot created within the footprint of the building;
B. A building constructed on a parking lot; and
C. A gravel parking lot paved over.
NOTE: The examples in Section 13 (A) and (B) above would be counted toward the higher threshold for "structure area" under the Site Law. The Site Law addresses larger developments under several types of standards, and does not include an exemption for new construction on impervious area created prior to a specific date.
