AN ACT RELATIVE TOSTREAMLINING AND EXPEDITING THE PERMITING PROCESS IN THE COMMONWEALTH.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith expedite the permitting process in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. To provide
for supplementing certain items in the general appropriation act and other
appropriation acts for fiscal year 2006 the sums set forth herein are hereby
appropriated from the General Fund unless specifically designated otherwise
herein or in said appropriation acts, for the several purposes and subject to
the conditions specified herein or in said appropriation acts, and subject to
the provisions of law regulating the disbursement of public funds for the
fiscal year ending June 30, 2006 provided, that the sums
shall be in addition to any amounts previously appropriated and made available
for the purposes of the items; and provided further, that all funds
appropriated in this section shall be available for expenditure through
SECTION 2. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth herein are hereby appropriated from the General Fund unless specifically designated otherwise herein, for the several purposes and subject to the conditions specified herein, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2006 provided, that the sums shall be in addition to any amounts previously appropriated and made available for the purposes of the items; and provided further, that all funds appropriated in this section shall be available for expenditure through June 30, 2007.
EXECUTIVE
OFFICE OF ECONOMIC DEVELOPMENT.
Office of the Secretary.
7002-0013 For the streamlining of state and local permitting processes; provided, that not less than $3,000,000 shall be expended for technical assistance grants as established in subsection (b) of section 3 of chapter 43D of the General Laws to be administered by the interagency permitting board; provided further that not less than $500,000 shall be expended for the creation of the Massachusetts permit regulatory office and the state permit ombudsman who will direct the interagency permitting board to conduct state permit evaluation and to overhaul state agency services for streamlined and expedited permitting; provided further, that the analysis and evaluation shall include input from the executive office of environmental affairs, the executive office of public safety, the executive office of transportation, the chairman of the commonwealth development coordinating council and the executive office of economic development; provided further, that not less than $500,000 shall be expended by the Massachusetts Development Finance Agency for permitting specialists in each of their regional offices, in consultation with the Massachusetts permit regulatory office to work with new and existing businesses to assist in their relocation and expansions permitting, licensing, and regulatory processes, to help foster job creation efforts within the municipality and region ....................................... $4,000,000
SECTION 3. Section 4H
of chapter 7 of the General Laws, as appearing in the 2004 Official Edition, is
hereby amended by adding the following 2 paragraphs:-
The division of administrative law appeals shall prepare annually a report
concerning all appeals filed with the division during the preceding calendar
year. It shall be the responsibility of the chief administrative
magistrate to cause a statistical list to be maintained of all matters assigned
to each administrative magistrate as relating to any appeals required by law.
The report shall contain, at a minimum, the following information: the number
of new appeals filed and received; the names of all parties to each appeal; the
type of each appeal; the date of submission and of disposition of the appeal;
its disposition, whether by decision, withdrawal, settlement or dismissal, the
number of appeals currently pending, the total number of simplified hearings;
and the length of time from receipt of the appeal by the division of
administrative law appeal until a written recommended final decision, summary
decision, or other interlocutory ruling is issued, including the basis for any
case at the division for longer than 6 months. Each calendar year the
original of the report shall be submitted to the office of the house and senate
clerk and to the house and senate committee on ways and means as well as to the
director of the
It shall be the responsibility of the chief administrative magistrate to verify
that written recommended final decisions are issued within 90 days after the
record is closed.
SECTION 4. Chapter 23A
of the General Laws is hereby amended by striking out section 3H, as so
appearing, and inserting in place thereof the following section:—
Section 3H. The governor shall appoint the director of the
There shall be a permitting specialist within each of the 5 regional offices of
the Massachusetts Development Finance Agency. It shall be the
responsibility of the specialist to work with new and existing businesses to
assist in their selection, application, and finalizing of permits, local
approvals, licensing and regulations. The specialists shall
communicate with the regional planning agencies and the municipal officials
responsible for local review procedures, to determine the municipal perspective
on the proposed project.
The ombudsman shall file an annual report with the house and senate committees
on ways and means by January 1 on the activities of the
SECTION 5. Said chapter
23A is hereby further amended by adding the following section:—
Section 62. There shall be an interagency permitting board within
the department of economic development. The members of the board
shall be comprised of the state permit ombudsman who will serve as the chair of
the interagency permitting board, the secretary of economic development, the
secretary of transportation, the secretary of environmental affairs, the
secretary of public safety, the director of the department of housing and
community development, the director of the department of business and
technology, the director of the department workforce development, the director
of the department of consumer affairs and business regulation, the chair of the
commonwealth development coordinating council, and the executive director of
the Massachusetts Development Finance Agency; or their
designees. Six members shall be a quorum for the transaction of
business. The chair shall communicate with municipal officials
responsible for local review procedures to determine the municipal perspective
on the proposed project, and to facilitate communication between the
municipality and state agencies. The interagency permitting board
shall consult with each regional office of the
SECTION 6. Chapter 29
of the General Laws is hereby amended by inserting after section 2WWW, inserted
by section 31 of chapter 123 of the acts of 2006, the following section:—
Section 2XXX. There shall be established and set upon the books of
the commonwealth a separate fund to be known as the District Local Technical
Assistance Fund. Amounts credited to the fund shall be administered
by the bureau of municipal assistance within the department of revenue which
shall determine that the funds are used for activities consistent with the
purpose of this act and the
One hundred per cent of the monies deposited in the district local technical
assistance fund, but not more than $2,800,000 in the aggregate in any fiscal
year, shall be used by the department of housing and community development to
provide grants to regional planning agencies for technical assistance to
municipalities and to develop a state-wide permitting model. The
department shall grant each regional planning district created under chapter
40B or by special act a fixed base allocation of $150,000, except that the
metropolitan area planning council shall receive a base allocation of $200,000,
the Martha’s Vineyard commission shall receive a full annual allocation of
$100,000, and the Nantucket Planning and Economic Development Commission shall
receive an annual allocation of $50,000. One-half of the remainder of the
annual disbursement of net cash proceeds to the department of housing and
community development for technical assistance grants under this section shall
be allocated among said entities based on the percentage of the commonwealth’s
population served by each entity, with the other half allocated based on the
percentage of the commonwealth’s communities served by each entity. Each regional
planning agency receiving the funds shall provide matching resources of not
less than 10 per cent, no more than 1/2 of which may be in-kind services, and
shall annually file with the department of housing and community development,
the house and senate committees on ways and means and constituent local
governments a report detailing their expenses and program activities.
Technical assistance services funded by these grants shall be provided at the
request of a municipality in any subject within regional planning expertise,
including but not limited to: zoning and permitting; economic development; land
use planning, conservation planning, and water resources; municipal management;
public safety planning and emergency response; transportation; data management,
information technology, geographic information systems, statistical trends and
modeling; and other land use and smart growth issues.
SECTION 7. Section 10A of chapter 30A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the first sentence the following 2 sentences:- In any proceeding pursuant to chapter 91, at least 5 of the 10 persons shall reside in the municipality in which the license or permitted activity is located. The intervention shall clearly and specifically state the facts and grounds for intervening and the relief sought, and each intervening person shall file an affidavit stating the intent to be part of the group and to be represented by its authorized representative.
SECTION 8. Section 9 of
chapter 40A of the General Laws, as so appearing, is hereby amended by
inserting after the fifteenth paragraph the following 3 paragraphs:—
In any city or town that accepts this paragraph, zoning ordinances or by-laws
may provide that research and development uses, whether or not the uses are
currently permitted as a matter of right, may be permitted as a permitted use
in any non-residential zoning district which is not a residential, agricultural
or open space district upon the issuance of a special permit provided the
special permit granting authority finds that the uses do not substantially
derogate from the public good.
“Research and development uses” shall include any 1 or more of investigation,
development, laboratory and similar research uses and any related office and,
subject to the following limitations, limited manufacturing uses and uses
accessory to any of the foregoing.
“Limited manufacturing” shall, subject to the issuance of the special permit,
be an allowed use, if the following requirements are satisfied: (1) the
manufacturing activity is related to research uses; (2) no manufacturing
activity customarily occurs within 50 feet of a residential district; and (3)
substantially all manufacturing activity customarily occurs inside of buildings
with any manufacturing activities customarily occurring outside of buildings
subject to conditions imposed in the special permit.
SECTION 9. Section 11
of said chapter 40A, as so appearing, is hereby amended by striking out the
last paragraph and inserting in place thereof the following 3 paragraphs:—
Upon the granting of a variance or special permit, or any extension,
modification or renewal thereof, the permit granting authority or special
permit granting authority shall issue to the owner and to the applicant if
other than the owner a copy of its decision, certified by the permit granting
authority or special permit granting authority, containing the name and address
of the owner, identifying the land affected, setting forth compliance with the
statutory requirements for the issuance of such variance or permit and
certifying that copies of the decision and all plans referred to in the
decision have been filed with the planning board and city or town clerk.
No variance, or any extension, modification or renewal thereof, shall take
effect until a copy of the decision bearing the certification of the city or
town clerk that twenty days have elapsed after the decision has been filed in
the office of the city or town clerk and no appeal has been filed, or that if
such appeal has been filed, that it has been dismissed or denied, or that if it
is a variance which has been approved by reason of the failure of the permit
granting authority or special permit granting authority to act thereon within
the time prescribed, a copy of the petition for the variance accompanied by the
certification of the city or town clerk stating the fact that the permit
granting authority failed to act within the time prescribed, and no appeal has
been filed, and that the grant of the petition resulting from such failure to
act has become final, or that if such appeal has been filed, that it has been
dismissed or denied, is recorded in the registry of deeds for the county and
district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner’s
certificate of title.
A special permit, or any extension, modification or renewal thereof, shall not
take effect until a copy of the decision bearing the certification of the city
or town clerk that 20 days have elapsed after the decision has been filed in
the office of the city or town clerk and either that no appeal has been filed
or the appeal has been filed within such time, or if it is a special permit which
has been approved by reason of the failure of the permit granting authority or
special permit granting authority to act thereon within the time prescribed, a
copy of the application for the special permit-accompanied by the certification
of the city or town clerk stating the fact that the permit granting authority
or special permit granting authority failed to act within the time prescribed,
and whether or not an appeal has been filed within that time, and that the
grant of the application resulting from the failure to act has become final, is
recorded in the registry of deeds for the county and district in which the land
is located and indexed in the grantor index under the name of the owner of
record or is recorded and noted on the owner’s certificate of title. The
person exercising rights under a duly appealed special permit does so at risk
that a court will reverse the permit and that any construction performed under
the permit may be ordered undone. This section shall in no event
terminate or shorten the tolling, during the pendency
of any appeals, of the 6 month periods provided under the second paragraph of
section 6. The fee for recording or registering shall be paid by the
owner or applicant.
SECTION 10. Chapter 40B
of the General Laws is hereby amended by adding the following section:—
Section 30. (a) There shall be within each regional planning
district created under this chapter or by special act, a technical assistance
center for the delivery of coordinated, comprehensive, and continuing technical
services to and among local governments for the purpose of expediting
permitting.
The board of executive directors of the
The board shall direct each regional planning agency to conduct an evaluation
of its member cities’ and towns’ permitting processes and to report its
findings to the board. It shall be the responsibility of each
regional planning agency to work under the guidance of the board to assist in
the development of a state-wide model. The board shall report to the
house and senate committees on ways and means not later than
The regional planning districts shall, at the request of a member city or town,
provide the city or town services and assistance to:-
(1) reduce unnecessary delays and create certainty and
predictability as well as promote an efficient and timely appeals process;
(2) create a positive regulatory culture with a bias toward making
decisions;
(3) conduct on-going staff training to address applicant questions;
(4) select sites for expedited permitting, while identifying
potential issues, concerns, or problem areas;
(5) prepare applications for approval of the sites;
(6) establish clear criteria for determining the completeness of
permit applications;
(7) update or eliminate conflicting, cumbersome, and redundant
permit processes and procedures;
(8) examine and redraft zoning by-laws to aid in the balanced
development of the community; and
(9) develop plans and incentives for residential and commercial
development, while taking steps to mitigate the environmental and
transportation impacts of new growth.
(b) A city or town shall not be required to receive technical assistance from a
regional planning agency in order to participate in the expedited permitting
process, pursuant to chapter 43D.
SECTION 11. The General Laws are hereby further amended by striking out chapter 43D and inserting in place thereof the following chapter:—
CHAPTER 43D.
Expedited Permitting.
Section 1. Notwithstanding any general
or special law, charter provision, by-law or ordinance to the contrary this
chapter shall apply upon its acceptance by a city or town.
Section 2. As used in this chapter, the
following words shall, unless the context clearly requires otherwise, have the
following meanings:-
“Governing body”, in a city having a Plan D or Plan E charter the city manager
and the city council and in any other city the mayor and city council, and in
towns the board of selectmen.
“Interagency permitting board”, the board, as described in section 62 of
chapter 23A, established to review and approve or deny municipal priority
development site proposals and to grant and administer technical assistance
grants.
“Issuing authority”, a local board, commission, department or other municipal
entity that is responsible for issuing permits, granting approvals or otherwise
involved in land use development including redevelopment of existing buildings
and structures.
“Permit”, a permit formal determination, order of conditions, license,
certificate, authorization, registration, plan approval, zoning relief or other
approval or determination with respect to the use or development of land,
buildings, or structures required by any issuing authority including but not
limited to those under statutory authorities contained in chapter 40A, sections
81A to 81J, inclusive, and sections 81X to 81GG, inclusive, of chapter 41,
sections 40 and 40A of chapter 131, sections 26 to 32, inclusive, of chapter
111, chapter 40C, sections 13 and 14 of chapter 148, chapter 772 of the acts of
1975, or otherwise under state law or local by-law or ordinance, and all
associated regulations, by-laws and rules, but not including building permits
or approvals pursuant to sections 81O to 81W, inclusive, of chapter
41. “Permit” shall not include the decision of an agency to dispose
of property under its management or control; predevelopment reviews conducted
by the municipal office of permit coordination or a technical review team; or
permits granted by the Massachusetts Water Resources Authority.
“Priority development site”, a privately or publicly owned property that
is: (1) commercially or industrially zoned; (2) eligible under
applicable zoning provisions, including special permits or other discretionary
permits, for the development or redevelopment of a building at least 50,000
square feet of gross floor area in new or existing buildings or structures; and
(3) designated as a priority development site by the board. Several
parcels or projects may be included within a single priority development
site. Wherever possible, priority development sites should be
located adjacent to areas of existing development or in under utilized
buildings or facilities, or close to appropriate transit services.
“Secretary”, the secretary of the executive office of economic development.
“Technical review team”, an informal working group consisting of
representatives of the various issuing authorities designed by the head of
their issuing authority to review requests submitted under this
chapter. The technical review team shall not include members of the
zoning board of appeals.
Section 3. (a) For a property to receive a
designation as a priority development site, the governing body, after approval
by a town meeting in a town, shall file a formal proposal with the
board. The proposal shall include: (1) a detailed description of the
property; (2) good faith commitment to comply with this chapter; (3) written
authorization of the property owner; and (4) at the discretion of the governing
body, a request for a technical assistance grant.
(b) All requests for a technical assistance grant shall include a
detailed description of how the grant will be used and shall be submitted with
the formal proposal as described in subsection (a). The grants shall
be used to implement the requirements of this chapter, which shall include but
not be limited to, professional staffing assistance, local government
reorganization, and consulting services. The amount of any single
grant awarded from the fund, shall not exceed $150,000. The board
shall review and determine eligibility of the proposals and approve requests
within 60 days of receipt of the proposals. In special circumstances
where a specific and originally unforeseen need can be demonstrated, the
governing body may be eligible for an additional technical assistance grant if
approved by the board and the secretary.
Section 4. Within 120 days of the
acceptance of this chapter the governing body shall implement the following: (a)
appoint a single point of contact to serve as the primary municipal liaison for
all issues relating to this chapter; (b) amend rules and regulations on permit
issuance to conform to this chapter; (c) along with the issuing authority,
collect and ensure the availability of all governing statutes, local
ordinances, by-laws, regulations, procedures and protocols pertaining to each
permit; (d) establish a procedure whereby the governing body shall determine
all permits, reviews and predevelopment reviews required for a project; all
required scoping sessions, public comment periods and public hearings; and all
additional specific applications and supplemental information required for
review, including, where applicable, the identification of potential conflicts
of jurisdiction or substantive standards with abutting municipalities and a
procedure for notifying the applicant; and (e) establish a procedure, following
the notification of the required submissions for review as set forth in clause
(d), for determining if all the materials required for the review of the
project have been completed.
Section 5. (a) Priority development permit
reviews and final decisions shall be completed within 180 days subject to the
extension herein. The time period shall begin the day after the
issuance of the notice that the application materials are complete pursuant to
clause (e) of section 4. The governing body shall notify the
applicant in writing within 20 business days from receipt of the completed form
of additional information needed or requirements that it may
have. The governing body may provide for pre-application conferences
to facilitate this process.
(b) The resubmission of the application or the submission of such
additional information required by the governing body shall commence a new
30-day period for review of the additional information.
(c) If, at any time, an issuing authority determines that a permit or other
predevelopment review is required which it did not previously identify, it
shall immediately notify the applicant by certified mail and shall where public
notice and comment or hearings are not required complete action on the
application filed for the previously unidentified permit within 30 days of
receipt of the completed application or not later than the latest required
decision date for a pending permit, whichever is later. Where public
notice and comment or hearing are required for the previously unidentified
permit, the required action date shall be not later than 30 days from the later
of the close of the hearing or comment period, which shall be scheduled to
commence as quickly as publication allows. The failure of the
governing body to notify an applicant of the requirement of a public hearing or
comment period shall not constitute a waiver of the requirement.
Section 6. (a) In accordance with this
chapter, the governing body may establish an informal procedure to allow permit
applicants to obtain advisory review by a technical review team of any issue of
law, policy, procedure, or classification that the applicant claims is in
dispute between the applicant and the issuing authority which has affected or
will affect the ability of the applicant to obtain timely review of the permit
application. The procedures shall provide for filing a request for
review by the applicant, representation by the issuing authority on the
technical review team, and a period not to exceed 30 days for issuance of a
decision. Use of this procedure shall toll the review time
periods. An advisory determination or ruling made pursuant to a
procedure established in this section shall not constitute a decision or final
action and shall not be subject to any right of administrative or judicial
review.
(b) The governing body may establish an additional and separate fee,
in addition to any fees that may be assessed by an issuing authority in order
to carry out its duties under this chapter, and may deposit the fees in a
special account to be maintained by the treasurer. The special
account, including any accrued interest shall be expended at the direction of
the governing body, without further appropriation; but, the funds shall be
expended only in carrying out its responsibilities under this chapter.
Section 7. Failure by any issuing authority
to take final action on a permit or approval within the 180-day period or
extended time, if applicable, shall be considered a grant of the relief
requested of that authority. In that event, within 14 days after the
date of expiration of the time period, the applicant shall file an affidavit
with the city or town clerk, attaching the application, setting forth the facts
giving rise to the grant and stating that notice of the grant has been mailed,
by certified mail, to all parties to the proceedings and all persons entitled
to notice of hearing in connection with the application.
Section 8. The grant shall not occur where:
(1) the governing body has made a timely determination that the application is
not complete in accordance with its requirements and notified the applicant as
set forth herein and the applicant has not made a timely response to complete
the application; (2) the governing body has determined that the final
application contained false or misleading information; or (3) the governing
body has determined that substantial changes to the project affect the
information required to process the permit application have occurred since the
filing of the application.
Section 9. The 180 day time period may be
waived or extended for good cause upon written request of the applicant with
the consent of the governing body or upon written request of the issuing
authority with the consent of the applicant. The 180-day period may
be extended for up to 30 days by the governing body in the event an additional
permit or other predevelopment review is required in accordance with subsection
(c) of section 5, if the requirement for the previously unidentified permit or
review has been determined no less than 150 days after the issuance of the
notice of completeness. The 180 day time period shall be extended
when the issuing authority determines either: (1) that action by another
federal, state or municipal government agency is required before the issuing
authority may act; (2) that judicial proceedings affect the ability of the
issuing authority or applicant to proceed with the application; or (3) that
enforcement proceedings that could result in revocation of an existing permit
for that facility or activity and denial of the application have been
commenced. In those circumstances, the issuing authority shall
provide written notification to the secretary. When the reason for
the extension is no longer applicable, the issuing authority shall immediately
notify the applicant, and shall complete its decision within the time period
specified in this section, beginning the day after the notice is
issued. An issuing authority may not use lack of time for review as
a basis for denial of a permit if the applicant has provided a complete
application and met all other obligations in accordance with this chapter. If
the Martha’s Vineyard commission as described in chapter 831 of the acts of
1977, or the Cape Cod commission, as described in chapter 716 of the acts of
1989, require or allow referral of a permit application, the 180-day time
period as described in this chapter shall be suspended upon receipt of the
permit application. The 180-day time period shall recommence at the
completion of the regional commission’s review; but if either commission denies
a regional permit on a priority development site, section 7 shall not apply and
the issuing authority, upon receipt of the denial notice, shall permanently
cease the 180 day time period.
Section 10. (a) Appeals from issuing
authority decisions or from a grant by operation of law shall be filed within
20 days after the last individual permitting decision has been rendered or
within 20 days after the conclusion of the 180 day period as set forth in
subsection (a) of section 5, whichever is later. The 180 day period
shall be increased by the number of days in any extension granted under this
chapter.
(b) A person aggrieved by a final decision of any issuing authority,
or by the failure of that authority to take final action concerning the
application within the time specified, whether or not previously a party to the
proceeding, or any governmental officer, board, or agency, may appeal to the
division of administrative law appeals by bringing an action within 20 days
after a written decision was or should have been rendered. Appeals
from decisions of multiple permitting authorities shall be filed simultaneously
and shall be consolidated for purposes of hearing and decision. This
section shall not apply to appeals pursuant to sections 40 and 40A of chapter
131, which shall continue to be appealed in accordance with said chapter 131,
chapter 30A and applicable regulations.
(c) When hearing appeals under this chapter, the division shall
revise its rules, procedures and regulations to the extent necessary to accord
with the requirements of this chapter.
(d) The division shall render a final written decision within 90
days of the receipt of the appeal. Thereafter, an aggrieved party
may appeal to the superior court department by bringing an action within 20
days after the division has rendered a final decision.
Section 11. (a) Permits shall not transfer
automatically to successors in title, unless the permit expressly allows the
transfer without the approval of the issuing authority.
(b) Issuing authorities having substantive jurisdiction over permit
issuance may develop procedures for simplified permit renewals and annual
reporting requirements. If the procedures are not developed,
renewals of permits shall be governed by the same procedures and timelines as
specified in conjunction with this chapter.
(c) Issuing authorities shall make reasonable effort to review
permit modification requests within as short a period as is feasible to
maintain the integrity of the expedited permitting process. An
issuing authority shall inform an applicant within 20 business days of receipt
of a request whether the modification is approved, denied, determined to be
substantial or additional information is required by the issuing authority in
order to issue a decision. If additional information is required,
the issuing authority shall inform an applicant within 20 business days after
receipt of the required additional information whether the modification is
approved or denied or that additional information is still required by the
issuing authority in order to render a decision. In cases in which
the issuing authority determines that a requested modification is substantial,
the original review period for permit categories as set forth in section 5
shall apply.
(d) Permits issued pursuant to this chapter shall expire 5 years from
the date of the expiration of the applicable appeal period unless exercised
sooner. Where permits cover multiple buildings, commencement and
continuation of construction of 1 building shall preserve the permit
validity. Changes in the law subsequent to the issuance of permits
based upon the priority proposal shall not invalidate the permits or review
certificates. Nothing in this section shall limit the effectiveness
of section 6 of chapter 40A.
Section 12. A priority development site
shall be eligible for the following:-
(a) priority consideration for community development action grants,
and public works economic development grants;
(b) priority consideration for other state resources such as
quasi-public financing and training programs;
(c) brownfields remediation assistance;
(d) enhanced marketing by the Massachusetts office of business
development, and the Massachusetts alliance for economic development; and
(e) technical assistance provided by the regional planning council.
Section 13. (a) Technical assistance
funding is intended to be a one-time grant to municipality, if the municipality
has adopted expedited permitting as provided in sections 3 to 11, inclusive.
(b) A municipality shall be eligible for technical assistance
funding, which may be less than the previous amounts awarded, for a second time
if it has identified and successfully permitted one priority development site.
Section 14. Any required reviews
established under sections 61 to 62H, inclusive, of chapter 30 or sections 26 to
27C, inclusive, of chapter 9 shall conclude within 120 days of a state
determination of completeness of required review materials, as established by
the executive office of environmental affairs in consultation with the state
secretary. The secretary of environmental affairs and the state
secretary shall establish time frames for all required filings and additional
filings by the applicant in order to comply with this section. In
the event an applicant fails to comply with all relevant time frames, the time
shall be tolled until the applicant files the required documents.
Section 15. Nothing in this chapter shall
be construed to alter the substantive jurisdictional authority of issuing
authorities.
Section 16. The secretary shall promulgate
rules and regulations to implement this chapter.
SECTION 12. Section 21
of chapter 81 of the General Laws, as appearing in the 2004 Official Edition,
is hereby amended by adding the following paragraph:-
The commissioner of highways shall adopt regulations to effectuate the purposes
of this section.
SECTION 13. Section
32 of chapter 184 of the General Laws, as so appearing, is hereby amended by
striking out the second paragraph and inserting in place thereof the following
paragraph:-
Such conservation, preservation, agricultural preservation, watershed
preservation and affordable housing restrictions are interests in land and may
be acquired by any governmental body or such charitable corporation or trust
which has power to acquire interest in the land, in the same manner as it may
acquire other interests in land. The restriction may be enforced by
injunction or other proceeding, and shall entitle representatives of the holder
to enter the land in a reasonable manner and at reasonable times to assure
compliance. If the court in any judicial enforcement proceeding, or the
decision maker in any arbitration or other alternative dispute resolution
enforcement proceeding, finds there has been a violation of the restriction or
of any other restriction described in clause (c) of section 26 then, in
addition to any other relief ordered, the petitioner bringing the action or
proceeding may be awarded reasonable attorneys’ fees and costs incurred in the
action proceeding. The restriction may be released, in whole or in part, by
the holder for consideration, if any, as the holder may determine, in the same
manner as the holder may dispose of land or other interests in land, but only
after a public hearing upon reasonable public notice, by the governmental body
holding the restriction or if held by a charitable corporation or trust, by the
mayor, or in cities having a city manager the city manager, the city council of
the city or the selectmen of the town, whose approval shall be required, and in
case of a restriction requiring approval by the secretary of environmental
affairs, the Massachusetts historical commission, the director of the division
of water supply protection of the department of conservation and recreation,
the commissioner of food and agriculture, or the director of housing and
community development, only with like approval of the release.
SECTION 14. Section 1
of chapter 185 of the General Laws, as so appearing, is hereby amended by
striking out the second paragraph and inserting in place thereof the following
paragraph:-
The court shall hold its sittings in the cities of
SECTION 15. Said
chapter 185 is hereby further amended by inserting after section 3 the following
section:-
Section 3A. There shall be established a separate session of the
land court department, which shall be known as the permit session of the land
court department.
Sessions of the permit session shall be held in
The permit session shall have original jurisdiction, concurrently with the
superior court department, over civil actions in whole or part: (a) based on or
arising out of the appeal of any municipal, regional or state permit, order,
certificate or approval, or the denial thereof, concerning the use or
development of real property, including without limitation appeals of such
permits, orders, certificates or approvals, or denials thereof, arising under
or based on or relating to chapter 21, sections 61 to 62H, inclusive, of
chapter 30, chapters 30A, 40A to 40C, inclusive, 40R, 41, 43D, 91, 131, 131A,
or sections 4 and 5 of chapter 249, or chapter 665 of the acts of 1956; or any
local bylaw or ordinance; (b) seeking equitable or declaratory relief (i) designed to secure or protect the issuance of any
municipal, regional or state permit or approval concerning the use or
development of real property or (ii) challenging the interpretation or
application of any municipal, regional or state rules, regulations, statutes,
laws, bylaws, ordinances concerning any permit or approval; (c) claims under
section 6F of chapter 231, or for malicious prosecution, abuse of process,
intentional or negligent interference with advantageous relations or
intentional or negligent interference with contractual relations arising out of
or based upon or relating to the appeal of any municipal, regional, state
permit or approval concerning the use or development of real property; and (d)
any other claims between persons holding any right, title or interest in land
and any municipal, regional or state board, authority, commission or public
official based on or arising out of any action taken with respect to any permit
or approval concerning the use or development of real property but in all such
cases of claims (a) to (d), inclusive, only if the underlying project or
development involves either 25 or more dwelling units or the construction or
alteration of 25,000 square feet or more of gross floor area or both.
Notwithstanding any other general or special law to the contrary, any action
not commenced in the permit session, but within the jurisdiction of the permit
session as provided in this section, may be transferred to the permit session,
upon motion by any party to the chief justice for administration and
management. There shall be a presumption against more than one
transfer of a case between any departments of the trial court. If a
party to an action commenced in or transferred to the permit session claims a
valid right to a jury trial. Then the action shall be transferred to
the superior court for a jury trial.
Each case filed in the permit session shall be assigned to a single judge from
the commencement to the conclusion of the case. The judge assigned
to the case will hold all hearings and preside at the trial, except in the case
of death, disability, expiration of judicial appointment to the permit session
or emergency.
At the time of filing, all cases in the permit session shall be assigned to 1
of the following tracks: 12 months to trial, Average or “A” Track; 9 months to
trial, Fast or “F” Track; or 6 months to trial, Accelerated or “X”
Track. Particular classes of cases shall be assigned to each of
these tracks in accordance with rules established by the chief justice of the
land court department. On motion by a party or the court’s own
motion, where an exceptional cause is shown, cases may be reassigned to a
different track or tracking order dates may be extended or modified.
The chief justice of the land court shall report to the chief justice for
administration and management, the clerks of the house and senate, and the
chairs of the judiciary committee of the general court on an annual basis,
with: (1) the number of cases handled under this session; (2) the
timelines achieved in cases pursuant to this session; (3) any additional
resources required by the land court to meet its goals for this session; and
(4) the number of cases before the land court according to the county from
which they originate. To the extent that the chief justice of the
land court does not have sufficient resources to maintain the timeframes mentioned
above, then the chief justice for administration and management shall assign
judges with land use and environmental expertise from other departments of the
trial court to sit as justices of the permit session. In making such
appointments, the chief justice for administration shall make reasonable
efforts to select justices who, by reason of their past experience in private
practice or practice with public agencies or as jurists have particular skills
related to environmental and land use permitting and disputes concerning the
same.
The final disposition of cases in the permit session by the court by dismissal,
judgment or otherwise shall be in accordance with the following timeframes
which shall commence on the filing of the trial transcript with the court or in
the case of a summary judgment motion, from the date the motion is taken under
advisement: A Track in 4 months, F Track in 3 months and X Track in 2 months.
The chief justice of the land court department shall establish a procedure for
the assignment to mediation of disputes that have been filed with or
transferred to the permit session, and shall promulgate rules, subject to the
approval of the chief justice for administration and management, that promote
the expeditious resolution of the disputes within the time periods provided in
this chapter. The mediators shall be persons who by reason of their
past experience in private practice or practice with public agencies, or as
jurists have particular skills related to environmental and land use permitting
and/or disputes concerning the same. The chief justice of the land
court department may approve qualified providers of mediation
services. The mediator shall have the protections provided under
section 23C of chapter 233, and to the extent that public agencies are
participants in the mediation, their deliberations shall not be subject to the
provisions of section 23B of chapter 39.
SECTION 16. Section 2 of chapter 211B of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 2, the figure “6” and inserting in place thereof the following figure:— 7.
SECTION 17. Chapter 45
of the acts of 2005 is hereby amended by striking out item 1110-1000 and
inserting in place thereof the following item:-
1110-1000 For the operation of the division of administrative law appeals
established by section 4H of chapter 7 of the General Laws; provided, that said
division shall maintain, to the fullest extent practicable, a complete physical
and technological separation from any agency, department, board, commission or
program whose decisions, determinations or actions may be appealed to it;
provided further, that every decision issued by a commissioner or other head of
agency, or designee, following the issuance of a recommended decision by an
administrative law judge of the division, shall be an agency decision subject
to judicial review pursuant to chapter 30A of the General Laws; and provided
further, that not less than $250,000 shall be expended for the processing and
adjudication of all pending and newly-filed department of environmental
protection
appeals.....................................................................................
$1,352,144
SECTION 18. Said
chapter 45 is hereby further amended by striking out item 7007-0515 and
inserting in place thereof the following item:-
7007-0515 For economic development grants to be administered by the department
of business and technology; provided, that not less than $150,000 be expended
on the Cape Cod Regional Incubator Project to be operated by the Cape Cod
Chamber of Commerce; provided further, that not less than $200,000 shall be
expended on the operation of the Massachusetts Fisheries Recovery Commission,
not less than $60,000 of which shall be expended for the purposes of a
socio-economic study and analysis of the commonwealth's fishing industry;
provided further, that not less than $250,000 shall be expended for a grant to
the South Shore Tri-Town Development Corporation established in chapter 301 of
the acts of 1998; provided further, that $350,000 shall be expended for a grant
to the Massachusetts Alliance for Economic Development for the purpose of
enhancing economic development related services, including but not
limited to implementation of a statewide online site finder to assist business
growth; and provided further, that not less than $500,000 shall be expended for
the Massachusetts Alliance for Economic Development to manage and market an
online inventory of priority development properties and other development sites
as established in chapter 43D of the General Laws
.................................................................................................................
$1,510,000
SECTION 19. The state
comptroller shall transfer $1,850,000 from the general fund to the District
Local Technical Assistance Fund established pursuant to section 2XXX of chapter
29 of the General Laws.
The fund shall be a separate and expendable trust fund administered by the
division of local services within the department of revenue. There
shall be credited to the fund, revenue from appropriations or other monies
authorized by the general court and specifically designated to be credited to
the fund and investment income earned on the fund's assets, and all other sources. Money
remaining in the fund at the end of a fiscal year shall not revert to the
General Fund, and shall be allocated to the regional planning agencies the
following fiscal year pursuant to the formula established in said section 2XXX
of said chapter 29.
SECTION 20. The
secretary of environmental affairs shall report to the house and senate clerk
of the general court on
SECTION 21. Section 9 shall apply to all special permits issued after the effective date of this act.
SECTION 22. Notwithstanding any general or special law to the contrary, section 13 shall apply to all enforcement actions commenced after its effective date relative to applicable restrictions granted before, on and after that date.
SECTION 23. The
department of environmental protection shall adopt rules and regulations as
necessary to be consistent with section 10A of chapter 30A of the General Laws
on or before
SECTION 24. The
commissioner of highways shall adopt the regulations required by section 12 on
or before
Approved
Return to:
List of Laws passed
in 2006 Session
General Court home page, or
Commonwealth of Massachusetts home
page.