Due to the unpredictability of available financing and depressed real estate market conditions, many developers are struggling to keep their new construction projects alive and to avoid the inevitable costs associated with maintaining local and state permits. In recognition of this reality, the legislatures in Massachusetts and Rhode Island have enacted “tolling” laws designed to automatically extend the expiration dates of most development-related permits. The new laws give developers, lenders, municipalities, and state agencies in both states a welcome reprieve from having to address impending permit expiration dates and expending the time and money that will be required for extensions or new applications before market conditions improve.
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