s.173 c.240 a.2010Chapter 240 of the Acts of 2010
SECTION 173. Notwithstanding any general or special law to the contrary, certain regulatory
approvals are hereby extended as provided in this section.
(a) For purposes of this section, the following words shall, unless the context clearly requires
otherwise, have the following meanings:
?Approval? except as otherwise provided in subsection (b), any permit, certificate, order,
excluding enforcement orders, license, certification, determination, exemption, variance, waiver,
building permit, or other approval or determination of rights from any municipal, regional or
state governmental entity, including any agency, department, commission, or other
instrumentality of the municipal, regional or state governmental entity, concerning the use or
development of real property, including certificates, licenses, certifications, determinations,
exemptions, variances, waivers, building permits, or other approvals or determination of rights
issued or made under chapter 21, chapter 21A excepting section 16, chapter 21D, sections 61 to
62H, inclusive, of chapter 30, chapters 30A, 40, 40A to 40C, inclusive, 40R, 41, 43D, section 21
of chapter 81, chapter 91, chapter 131, chapter 131A, chapter 143, sections 4 and 5 of chapter
249, or chapter 258, of the General Laws or chapter 665 of the acts of 1956, or any local by-law
or ordinance.
?Development?, division of a parcel of land into 2 or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation or enlargement of a building or other
structure or facility, or any grading, soil removal or relocation, excavation or landfill or any use
or change in the use of any building or other structure or land or extension of the use of land.
?Tolling period?, the period beginning August 15, 2008, and continuing through August 15, 2010.
(b) (1) Notwithstanding any general or special law to the contrary, an approval in effect or
existence during the tolling period shall be extended for a period of 2 years, in addition to the
lawful term of the approval.
(2) Nothing in this section shall be deemed to extend or purport to extend:
(i) a permit or approval issued by the government of the United States or an agency or
instrumentality of the government of the United States or to a permit or approval, of which the
duration of effect or the date or terms of its expiration are specified or determined by or under
law or regulation of the federal government or any of its agencies or instrumentalities;
(ii) a comprehensive permit issued by a board of appeals under sections 20 to 23, inclusive, of
chapter 40B of the General Laws; or;
(iii) a permit, license, privilege or approval issued by the division of fisheries and wildlife under
chapter 131 for hunting, fishing or aquaculture.
(3) Nothing in this section shall affect the ability of a municipal, regional or state governmental
entity, including an agency, department, commission or other instrumentality of a municipal,
regional or state governmental entity to revoke or modify a specific permit or approval or
extension of a specific permit or approval under this section, when that specific permit or
approval or the law or regulation under which the permit or approval was issued contains
language authorizing the modification or revocation of the permit or approval.
(4) In the event that an approval tolled under this section is based upon the connection to a
sanitary sewer system, the approval?s extension shall be contingent upon the availability of
sufficient capacity, on the part of the treatment facility, to accommodate the development whose
approval has been extended. If sufficient capacity is not available, those permit holders whose
approvals have been extended shall have priority with regard to the further allocation of
gallonage over those approval holders who have not received approval of a hookup prior to the
effective date of this section. Priority regarding the distribution of further gallonage to a permit
holder who has received the extension of an approval under this section shall be allocated in
order of the granting of the original approval of the connection.
(5) In the case when an owner or petitioner sells or otherwise transfers a property or project, in
order for an approval to receive an extension, all commitments made by the original owner or
petitioner under the terms of the permit must be upheld by the new owner or petitioner. If the
new owner or petitioner does not meet or abide by those commitments then the approval shall
not be extended under this section.
(6) Nothing in this section shall be construed or implemented in such a way as to modify a
requirement of law that is necessary to retain federal delegation to, or assumption by, the
commonwealth of the authority to implement a federal law or program.