Application to the Town

The process begins when the proponent of a new project seeks a development permit from a town. This may include a subdivision approval or special permit from a planning board, a building permit from a building inspector, a variance from a zoning board of appeals, an order of conditions from a conservation commission, or any other "permit, license, authority, endorsement or permission required from a municipal agency prior to the commencement of construction, improvement or alteration made to the building or land." The applicant completes application papers and submits plans and documents as required by the town board or official.

DRI Checklist

The MVC has established standards and criteria (often called the DRI Checklist) for determining when a development is a DRI and must be referred to the Commission for review. The standards and criteria relate to a project's likely impact on the environment, traffic, and municipal services, among other factors. Note that the checklist includes any project that was previously designated a DRI; proposed changes to previous DRIs are known as modifications and may be referred directly by the owner/applicant rather than by a permitting agency. 

DRI Checklist

Action by Town Boards

The local board or official charged with issuing the permit applies the Checklist to determine whether the project is a DRI. If the board or official determines that a project is a DRI, it pauses its own review and refers the project to the Commission. The board or official should complete the DRI Referral Form and forward it along with all permit applications, plans, documents, and other related materials supplied by the applicant, to the DRI Coordinator by both email and certified mail.

Types of Referral

There are three types of DRI referral:

A. Mandatory Referral—The application must be referred to the Commission and the Commission must review it.

B. Mandatory Referral Requiring Concurrence—The application must be referred to the Commission, but the Commission may or may not concur with (decide to review) the referral.

C. Discretionary Referral (also called an In-Town, Out-of-Town, or Island-Wide Referral)—Any municipal agency in the town where the development is located, the selectboard of another town, or the Dukes County Commissioners may ask the Commission to review any project that it believes might have significant regional impact. The Commission may or may not concur with the referral.

Concurrence Vote

Type B and C referrals allow the MVC discretion as to whether to require a full public hearing. For a Discretionary Referral, the Commission will hold a public hearing, the sole purpose of which is to consider whether the project is a DRI (see DRI Procedures for details). For type B and C referrals, if the MVC does concur, the application is processed by the Commission. If the MVC does not concur because it does not believe that the project would have significant regional impact, the application is sent back to the town to continue the permitting process as the town sees fit.

Tolling

When a town makes a type A referral, or when the Commission accepts a type B or C referral, the permitting process in the town is put on hold (tolled) until the town receives the Commission's written decision on the project.

Action by Commission

A file (open to the public during business hours and available on the MVC website) is created in which all documents related to the project are kept. The staff reviews the proposal and schedules an initial meeting with the applicant.

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