In some good news for the development community, the Massachusetts legislature has finalized language that would extend the validity of most municipal and state permits related to land development or the environment for a period of two years. The proposed language in H.5100 s.280 is similar to that of Massachusetts' prior "permit extensions acts" implemented during economically challenging cycles (the 2008 recession and the COVID-19 pandemic).
The specific authorizations covered by the bill include most municipal or state issued permits and authorizations related to land or the environment, including conservation commission wetlands approvals, building permits and zoning authorizations, MassDOT access permits, Natural Heritage and Endangered Species authorizations, Ch. 91 Licenses, and MEPA Certificates. For any of the covered approvals that were in effect during the period January 1, 2023 through January 1, 2025, the term of the approval would be automatically extended by a period of two years.
Permit holders should review their existing authorizations and take note of the new effective expiration dates, keeping in mind that the bill covers not only recently obtained permits but also longer-term permits, such as 30-year term waterways licenses issued under Ch.91. If the bill is passed, it will cover any permits now in existence as well as those issued between now and the end of the calendar year.
With building code changes, energy code changes, and municipal fossil fuel hookup bans set to hit various municipalities on January 1, 2025, along with pending changes to the state wetlands and waterways regulations, any permits that can be obtained prior to the new year will be extra valuable. Go get those permits!
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