As can be the case with new legislation, figuring out what it means can be confusing and stressful. The recently passed Permit Extension Act (pdf) is no exception, causing a fair amount of hand wringing for developers poised to move ahead with their projects.
Help has arrived. On November 9th, the Massachusetts Executive Office of Housing and Economic Development released guidance for the Act in form of answers to Frequently Asked Questions. The Act was intended to automatically extend for two years the expiration date of any qualifying permit or approval in existence between August 15, 2008 and August 15, 2010. The extension takes effect even if the permit or approval expired during the qualifying period. For instance, a permit that expired on July 1, 2009 is revived and its new expiration date is now July 1, 2011. A permit that was issued during the qualifying period but is not set to expire until after August 15, 2010 is automatically extended for another two years.
Other notable issues clarified by the guidance include the following:
- Extended permits and approvals do not require further review unless required by the terms of the permit or approval.
- Issuing agencies are not required to issue written extensions to permit and approval holders.
- Permits or approvals that expired before the qualifying period but were extended by the issuing agency so as to be in effect during the qualifying period are extended for an additional two years.
- Permits or approvals that were denied an extension by the issuing agency, but were in effect during the qualifying period, are revived and extended.
- Even though Chapter 40B permits are exempt from the Act, non-40B permits associated with a 40B project (e.g. wetlands permits) are extended.
As discussed in a previous entry, this guidance is especially welcome because there has been some confusion as to the jurisdictional scope of the Act. Some municipalities have asserted that the Act only applies to state permits, leaving locally-issued permits untouched. The guidance is clear that the Act is intended to apply to qualifying permits issued by any municipal, regional or state entity. Note that the guidance does contain the caveat that it is not intended to provide guidance to permits issued by a municipality. Nevertheless, developers and lawyers who believe that lack of clarity is the root of all evil will be happy with the guidance, but it remains to be seen whether municipalities will be similarly satisfied.