An Act Relative to Strengthening Massachusetts Leadership, Ch. 238 of the Acts of 2024
The firm’s November newsletter summarizes new legislation regarding limitations on grant funding and effects on local permitting. This Client Alert highlights important aspects of the legislation – the automatic extension of certain permits and the effect of zoning amendments on construction projects.
Permit Extension - Pursuant to Section 280 of the Act, any “approval” that is in effect or in existence between January 1, 2023 and January 1, 2025, “shall be extended for a period of 2 years in addition to the lawful term of the approval.” An approval is defined as “any permit, certificate, order, excluding enforcement orders, license, certification, determination, exemption, variance, waiver, building permit or other approval or determination of rights from any municipal, regional or state governmental entity, including any agency, department, commission or other instrumentality thereof, concerning the use or development of real property, and any environmental permit . . ..”
Exemption from Zoning Amendments - The act also makes important changes to the Zoning Act, G.L. c. 40A, § 6. Section 171 of the act provides that changes to zoning bylaws and ordinances will not apply to projects with special permits or site plan approval provided that the project commences within three years of the approval and construction is carried out “as continuously and expeditiously as is reasonable” to completion. This is extended from a time limit of twelve months under the replaced provision of G.L. c. 40A, § 6. The new paragraph reads in full:
A zoning ordinance or by-law shall provide that construction or operations under a building permit shall conform to any subsequent amendment of the ordinance or by-law unless the use or construction is commenced within a period of not more than 12 months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. Construction or operations under a special permit issued pursuant to [G.L. c. 40A] section 9 or site plan approval pursuant to the local ordinance or by-law shall conform to any subsequent amendment of the zoning ordinance or by-law or of any other local land use regulations unless the use or construction is commenced within a period of 3 years after the issuance of the special permit or site plan approval and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. For the purpose of the prior sentence, construction involving the redevelopment of previously disturbed land shall be deemed to have commenced upon substantial investment in site preparation or infrastructure construction, and construction of developments intended to proceed in phases shall proceed expeditiously, but not continuously, among phases.
These sections are in effect immediately.
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