The Permit Extension Act – They Did It Again

Those approval stamps are good for another four years.

It looks like the State House has done it again, issuing a second round of the Permit Extension Act.  Gov. Patrick signed into law “An Act Relative to Infrastructure Investment, Enhanced Competitiveness and Economic Growth in the Commonwealth” on August 7th, 2012 which includes provisions relative to the extensions of all permits.

Essentially, if you had a permit “in effect or existence” during the qualifying period beginning on August 15, 2008 and August 15, 2012, that permit is automatically extended for four years beyond its expiration date.  Now, aside from hunting and fishing permits, 40B permits, or anything issued by the Federal government, this is good for any local or state issued permit.   From the State’s FAQ page, ““Approval” is defined broadly to include any permit, certificate, license, certification, determination, exemption, variance, waiver, building permit, or other approval or determination of rights, and any order, except for enforcement orders.”  These include MEPA, MassDOT, building permits, special permits, orders of conditions from the Wetland Protection Act (WPA), Natural Heritage permits, Chapter 91 licenses, or any other permit relating to land development.

Prime Engineering always advises our clients that permit protection is an important part of land development in Massachusetts.  Thanks to this recent legislation, that process just got a little easier.  Of course, if you don’t have any permits to protect, we can help you with that too!



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