Real Estate Development in the Time of Coronavirus: Massachusetts-(UPDATED)

Pierce Atwood LLP

On July 2, 2020, Massachusetts Governor Charlie Baker issued a new state permitting order that rescinds and replaces his March 26, 2020 order. The new order sets specific dates for agencies to take action and for appeals of state permits to be filed. The main takeaways of the new order are:

  • Any constructive approval or denial that would have issued before August 17, 2020 if not for the governor’s prior order will now issue on August 17, 2020. Following that date, constructive approvals and denials will issue in the normal course.
  • Any hearing that a state agency would have been required to hold before August 10, 2020 if not for the governor’s prior order must be held by August 10, 2020. Following that date, the time frame for hearings will proceed in the normal course.
  • Any state agency decisions or requests due before August 10, 2020 if not for the governor’s order are now due by August 10, 2020.
  • All appeal periods that would have expired before August 10, 2020 will now expire on August 10, 2020, and the time to appeal will expire in the normal course following that date.
  • Permits issued after March 10, 2020 continue to be tolled until the end of the state of emergency (a date yet to be determined). The recording requirements are tolled, as is the expiration date of the approval. State agencies have the discretion to waive deadlines within a permit if noncompliance is due to the COVID-19 pandemic.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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