Section 096-500-13 - Transition and jurisdictional threshold for Stormwater Management Law projectsFor purposes of the Stormwater Management Law only, a stormwater permit is required if a person constructs, or causes to be constructed, a project that includes one acre or more of disturbed area on or after September 17, 2005.
A. If a person has a project that required approval under the Stormwater Management Law prior to September 17, 2005, the project and subsequent modifications to it continue to require approval on and after September 17, 2005.B. If a person has a project that did not require approval under the Stormwater Management Law prior to September 17, 2005, and the person proposes to construct or cause to be constructed a project that includes one or more acres of disturbed area on or after September 17, 2005, then a stormwater permit is required. Only the construction on or after September 17, 2005 requires a Stormwater Management Law permit.C. A disturbed area of less than one acre continues to be counted toward the one-acre permit threshold under the Stormwater Management Law following permanent stabilization to the extent it is considered developed area as defined in this Chapter.06- 096 C.M.R. ch. 500, § 13