You don't need permission or a license. You just can't distribute the rom. What you can do however is make a patch of your new custom rom that can be applied to the 'stock' rom. This patch would contain no copyright assets. It just makes it slightly harder for the layman to do. But if they've got a rom burner then they can probably figure out how to apply the patch. It's not hard.
There's a guy who has done this for a bunch of games. hook and TFTC come to mind. He's done a bunch of others too though.