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Officials say waivers and 'limited‑duration' permits will be judged case by case; lawmakers seek clearer rules
Summary
At the oversight hearing, EEA and counsel cited court precedent on limited‑duration permits and described two narrow statutory waiver exceptions; lawmakers sought clearer, rule‑based definitions for leases, long‑term licenses and change‑of‑use tests.
Lawmakers pressed state officials about how the draft regulation would treat leases, long‑term permits and narrow waivers of Article 97 replacement‑land requirements. The exchanges highlighted judicial precedent and statutory limits but underscored that many determinations will be made case by case.
EEA witnesses and deputy counsel pointed to a 1987 appeals‑court decision, Miller v. Commissioner of DEM, as guidance. "In that case, the appeals court held that a one‑year revocable permit for ... a cross country ski concession was not an Article 97 action," a member of the EEA legal team told the committee. Officials said courts have not fixed a maximum duration;…
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