Baker Administration Issues New Construction Guidance to Municipalities Clarifying Construction as an Essential Service

Baker Administration Issues New Construction Guidance to Municipalities Clarifying Construction as an Essential Service 

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.

Link to letter sent to all municipalities.

Note: This letter includes important construction safety guidance related to COVID-19.

City of Boston Extends Construction Moratorium Until Further Notice

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. 

Link to Press Release

Note: This policy only applies to projects permitted by the City of Boston.

New Legislation Proposes Extension of Permits During Current State of Emergency

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:

• No permit is automatically granted, approved, or denied because a local permitting authority does not act within a time period required by law.
• Any permit that is currently valid will not lapse or expire during the state of emergency, and suspends any time limitation on such permits during the emergency.
• Allows applications for permits to be filed electronically, so as to eliminate the need for in-person filing.
• Suspends any requirement that a hearing on a permit application be held within a certain period of time until 45 days after the end of the state of emergency.  

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.