§ 237-3. Exceptions.

A. 

The permit and application required by this chapter shall not be required for maintaining, repairing, or replacing (but not substantially changing or enlarging), any existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph or other telecommunications services, sewage collection and traffic control, provided written notice has been given to the Commission prior to the commencement of work, and provided that the work conforms to performance standards, design specification, policy guidelines and other regulations adopted by the Commission.

B. 

The permit and application required by this chapter shall not be required for normal maintenance or improvement of land or waters in an existing agricultural or aquacultural use. Expansion of existing uses in these areas or new uses in areas within the jurisdiction of this chapter will require a permit.

C. 

The permit and application required by this chapter shall not apply to emergency projects necessary for the protection of wetlands values or the health and safety of the public, provided that the work is to be performed by or has been ordered to be performed by an agency of the commonwealth or a political subdivision thereof. For this work, advance notice, oral or written, must be given to the Commission prior to or within 24 hours after the commencement of work. The Commission or its agent must certify the work to be an emergency project prior to the commencement of work. The work must be performed only for the time and place certified by the Commission for the limited purposes necessary to abate the emergency, but in no instance shall the emergency period exceed 30 days. All emergency work must conform to the performance standards, design specifications, policy guidelines and other regulations adopted by the Commission. Within 21 days of the commencement of an emergency project, a permit application shall be filed with the Commission for review as provided in this chapter. Upon failure to meet these and other requirements of the Commission, the Commission may, after notice and a public hearing, revoke or modify an emergency project approval and order restoration and mitigation measures.