On March 25, 2020, the Baker Administration issued construction guidance to Massachusetts municipalities overturning all local construction moratoriums. March 25, Governor Baker issued guidance clarifying that the March 23, 2020 Order “Assuring Continued Operation of Essential Services in the Commonwealth, Closing Certain Workplaces, and Prohibiting Gatherings of More than 10 People” supersedes and makes inoperative any order or rule issued by a municipality that will or might in any way impede or interfere with the achievement of the objectives of this order. “Construction Workers who support the construction, operation, inspection and maintenance of construction sites and construction projects” are deemed essential.
This guidance advises all municipalities that had issued their own directives, policies and regulations in place regarding construction to withdraw their orders.
Note: This letter includes important construction safety guidance related to COVID-19.
Separately, on March 25, 2020, Boston Mayor Marty Walsh extended the City of Boston's construction moratorium until further notice, citing safety and health concerns for workers and Boston residents.
Note: This policy only applies to projects permitted by the City of Boston.
On March 24, Governor Baker filed HD4974, An Act to Further Address Challenges Faced by Municipalities, School Districts, and State Authorities Resulting from COVID-19. While the bill addresses several topics, Section 9 of the bill addresses the tolling of permits. Specifically, the language provides the following:
These changes will provide necessary relief to cities and towns that, due to disruptions caused by the state of emergency, are unable to timely process and hear permitting applications. At the same time, these changes balance the needs of residents and developers by ensuring that their current permits are not impaired by the emergency.
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