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This entry was published on 2014-09-22
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SECTION 15-1709
Preliminary permits
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 15, TITLE 17
§ 15-1709. Preliminary permits.

1. The department may issue preliminary permits for the purpose of
enabling applicants for a license hereunder to secure the data and to
perform the acts required by section 15-1707, provided, however, that
upon the filing of any application for a preliminary permit by any
person or public corporation, the department before granting such
application shall at once give notice of such application in writing to
any municipality which, in its judgment, is likely to be interested in
or affected by such application. Each such permit shall be for the sole
purpose of maintaining priority of application for a license under the
terms of title 17 of this article for such period or periods, not
exceeding a total of three years, as in the discretion of the department
may be necessary for making examinations and surveys, preparing maps,
plans, specifications and estimates, and making financial arrangements.

2. The permit shall set forth the conditions under which priority
shall be maintained and the license issued, and may prescribe any
condition of issuing the license for the protection of the interests of
the state. Only one preliminary permit at a time shall be issued and
outstanding for the same project. The same preference shall be accorded
by the department in considering applications for a preliminary permit
as is accorded in considering applications for a license. Each
preliminary permit shall require the permittee to proceed diligently and
immediately to secure the data and to perform the acts required by
section 15-1707.

3. All investigation work in connection with any operations carried on
under the preliminary permit shall be subject to the inspection of the
department, its agents and employees, and, from time to time upon the
request of the department, the permittee shall make full reports to the
department of the progress of the work carried on under the preliminary
permit, but such reports shall be confidential until final application
is made for the license, unless the department takes proceedings to
revoke the preliminary permit.

4. Permits shall not be transferable and may be cancelled by the
department upon failure of the permittee to comply with the conditions