New Economic Development Law Extends Many Permits for Two Years

On August 6, 2010, Governor Deval Patrick signed a sweeping Economic Development law, which included the Permit Extension Act, automatically extending for two years most local, regional, and state land use permits. 

http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter240 is the link to the new law. (new link as of September) The Permit Extension Act is  Section 173.   See Approvals for the definitions of permits extended by the law. 

ACEC/MA worked in coaliton with NAIOP, the Home Builders Association, the Greater Boston Real Estate Board, and several other business associations in support of passage of the Permit Extension Act.

The new law provides relief to owners and developers who have been unable to proceed with residential, commercial, or industrial projects due to the lack of available financing caused by the recent recession and sub-prime mortgage crisis.

Section 173, commonly referred to as the Permit Extension Act, extends for two years beyond their original term most state, regional, and local permits that were effective during the period of August 15, 2008 to August 15, 2010.   If your permit expired on August 15, 2008, it is now in effect until August 15, 2010.  If it is first issued on August 15, 2010, and would have expired on August 15, 2013, it will now expire on August 15, 2015.
 

The Act covers permits and approvals issued under the Massachusetts Environmental Policy Act, Zoning Act, Subdivision Control Act, Wetlands Protection Act and many other pieces of land use legislation. Comprehensive Permits issued under G.L. c. 40B are a notable exception to the Act as Chapter 40B is the subject of a repeal petition that will be on the ballot in November 2010. 

In addition to excluding permits and licenses issued by the Division of Fisheries and Wildlife for hunting, fishing, or aquaculture, the Permit Extension Act also places some restrictions on extensions related to sewer connection permits and the transfer of permits.  To the extent an approval based on a connection to a sanitary sewer system is extended by the Permit Extension Act, the extension is contingent on the availability of capacity in the sewer system.  In addition, if an owner of property or holder of the permit transfers the property or a project, an extension is only valid if the new owner or permittee upholds all the terms of the permit as would have been required of the original owner or holder of the permit.