Alert
Governor Healy Enacts Permit Extension Act of 2024: Boosting Development and Protecting Approvals
November 21, 2024
Authors
Christian G. Regnier
Director, Boston
cregnier@goulstonstorrs.com+1 617 574 6591
Peter Kaplan
Associate, Boston
pkaplan@goulstonstorrs.com+1 617 574 0564Related Expertise
On November 20, 2024, Governor Healy signed the Permit Extension Act of 2024 (the “PEA”) into law as part of the Mass Leads Act. Effective immediately, the PEA extends the term of a wide array of permits and approvals in effect or existence between January 1, 2023, and January 1, 2025, for two years in addition to the lawful term of the approval; and provides a “freeze” on local ordinances or bylaws for projects covered by an approval in effect during the two-year tolling period.
The PEA supports the development of previously permitted projects by:
- Extending existing permits or approvals that would otherwise expire due to delays in advancing projects;
- Obviating the need to reapply for permits and approvals that have recently lapsed; and
- Nullifying the effect of changes made to local ordinances or bylaws after a project has been approved.
Extending the Term of Approvals: This is not the first time the Governor and Legislature have granted extensions of this nature. The first Permit Extension Act was passed during the Great Recession, and permit extensions were also passed during the COVID State of Emergency. While the new law maintains much of the same structure as the prior versions, it includes expanded coverage for Chapter 21E and comprehensive permits issued pursuant to Chapter 40B, which were not included in the original 2010 Act.
The PEA defines approvals as including permits, certificates, orders, licenses, certifications, exemptions, and other types of determinations. The law includes permits and approvals issued under a significant number of development-related statutes, including:
M.G.L. Chapter 40A: Zoning
M.G.L. Chapter 40B: Affordable Housing
M.G.L. Chapter 131: Wetlands
M.G.L. Chapter 30: MEPA
Boston Zoning under Chapter 665 of the acts of 1956
M.G.L. Chapter 21E: Hazardous Waste
While the PEA extends permits and approvals, the granting authority retains the ability to revoke or modify a permit or approval, if the permit or approval contains language authorizing the modification or revocation of such permit or approval. Additionally, there are some permits and approvals that are not extended by the PEA. Interested parties are encouraged to review the PEA or consult with their Goulston & Storrs Attorney for additional details.
Bylaw or Ordinance Freeze: The PEA includes a significant protection that was not included in any of its predecessors. Under the new law, a project covered by any permit or approval in effect during the two-year tolling period may, at the project proponent’s option, be governed by either the local ordinance or bylaw in effect at the time the permit or approval was granted or by the currently applicable ordinance or bylaw. This new protection safeguards projects against changes made to local ordinances or bylaws after a permit or approval was granted that could require a project proponent to spend additional resources on obtaining additional permits and approvals, or to undergo project changes to comply with modified local ordinances or bylaws.
Goulston & Storrs will continue to monitor the implementation of the PEA and related issues. For questions about the information in this advisory, please contact your usual Goulston & Storrs Attorney.
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