Section 9.06 - Requests for Determination of Applicability(1) Any person who desires a determination whether 310 CMR 9.00 presently apply to any area of land or water, or any activity thereon, may submit to the Department a request for a determination of applicability. Said request shall: (a) use the appropriate determination of applicability forms provided by the Department;(b) provide a detailed description of the proposed project, if any, which identifies all existing and proposed fill and structures and uses thereof; and(c) include a plan or plans showing: 1.an appropriately-scaled site location map;2.references to any previous licenses, permits, or other authorizations for existing structures, fill, or dredging at the site, including the license number(s) and the date the license was recorded at the Registry of Deeds or Land Court;3.appropriately-scaled principal dimensions and elevations of proposed and existing fill, structures, or dredging in waterways;4.any historic dredging, filling, or impoundment at the site; and5.a delineation of the present high and low water marks, and the historic high and low water marks, as relevant.(2) The applicant shall submit a request for a determination of applicability to the Department, and at the same time, to the persons identified in 310 CMR 9.13(1)(a).(3) A public hearing and newspaper notice published by the applicant may be required by the Department on any request for a determination of applicability.(4) Any person may submit written comments to the Department on any request for a determination of applicability within 21 days of the date of the request or the newspaper notification date, if applicable.(5) Unless the Department requests further information, the Department shall issue a determination of applicability in recordable form within 60 days of the receipt of the request or the close of the public comment period, whichever is later.(6) Any person who would otherwise have the right to an adjudicatory hearing pursuant to 310 CMR 9.17 may appeal the issuance of any determination of applicability within 21 days of the date of its issuance in accordance with the procedures set forth at 310 CMR 9.17.Amended, Mass Register Issue 1261, eff. 5/23/2014.