Regulatory Review Updates (Can you add this above the history section?)
Pursuant to Executive Order 562 the Massachusetts Permit Regulatory Office located within the Executive Office of Housing and Economic Development is reviewing 400 CMR 2.00, 43D Local Expedited Permitting. As part of the Baker-Polito Administration’s Regulatory Review we are soliciting stakeholder input for any changes to this regulation. The Office will be considering any and all feedback on this regulation.
43D Regulations: http://www.mass.gov/courts/docs/lawlib/400-499cmr/400cmr2.pdf
Please provide written feedback by March 15, 2016.
Please email comments to Erica Kreuter at Erica.firstname.lastname@example.org
If you prefer to provide comments anonymously please post them to the EOA&F: http://www.mass.gov/anf/regreview.html
On August 2, 2006, Massachusetts General Law Chapter 43D was signed into law. The 43D Program was amended on August 7, 2012 in Section 25 of Chapter 238 of the Acts of 2012.
This program offers communities a tool to promote targeted economic and housing development.
- Provides a transparent and efficient process for municipal permitting
- Guarantees local permitting decisions on priority development sites within 180 days
- Increases visibility of your community and target development site(s)
The Benefits of Opting-in
- Priority consideration for the MassWorks Infrastructure Program grants, brownfields remediation assistance, and other financing through quasi-public organizations
- Online marketing of your site and promotion of your pro-business regulatory climate
- Improved municipal planning and permitting efficiencies
- Collection of special fees for priority development site permit applications
The Criteria for Priority Development Sites
- May be zoned for commercial, industrial development, residential or mixed use purposes
- Must be eligible for the development or redevelopment of a building of at least 50,000 square feet of gross floor area (may include existing structures and contiguous buildings)
- Sites must be approved by the local governing authority
- Must be approved by the state Interagency Permitting Board
The Obligations of Opting into Chapter 43D
- The community must identify a qualifying parcel as a priority development site, and obtain permission of its owner (if private) for participation in the program
- Within 120 days of adopting Chapter 43D, the community must
- appoint a single municipal point of contact for streamlined permitting;
- amend local rules, regulations, bylaws, etc. to comply with 180 day permit timeline;
- determine and make available the requirements for each permit;
- establish a procedure for identifying necessary permits for a project;
- establish a procedure for determining completeness of the required submissions.
- After the 120 phase-in period is complete, the town must render permitting decisions on priority development sites within 180 days
Protections for Communities
- The 180 day guarantee is suspended if the governing body determines:
- an application is incomplete
- an application contains false or misleading information
- that substantial changes to the project affect the information on the permit applications since the original submission
Who is Participating in the Chapter 43D Program?
- Current listing of
Chapter 43D Regulation Information
- Learn about the regulation
Interagency Permitting Board and Schedule
The Interagency Permitting Board was created by Chapter 205 of the Acts of 2006. The State Permit Ombudsman serves as Chair of the Board, which is charged with administering the Chapter 43D Expedited Permitting Program and expedited projects on those sites, working with the Massachusetts Office of Business Development and regional planning agencies to better serve local businesses, evaluating state permit processes and recommending changes for improved efficiency; and working with municipalities to facilitate communication with state agencies.
The Interagency Permitting Board meetings will be held on the second Wednesday of the month from 1pm-3pm. A complete schedule for the 2016 Board meeting is listed below:
• February 10
• March 9
• April 13
• May 11
• June 8
• July 13
• August 10
• September 14
• October 12
• November 9
• December 14
Massachusetts Permit Regulatory Office
One Ashburton Place, Room 2101
Boston, MA 02108