Chapter 43D provides a transparent and efficient process for municipal permitting by guaranteeing local permitting decisions on priority development sites within 180 days. The program also increases the visibility of participating communities and their target development sites, helping to attract new investment and support growth. Opting in provides several benefits, including online marketing of your site and promotion of your community’s pro-business regulatory climate. It also supports improved municipal planning and permitting efficiencies, and allows for the collection of special fees for priority development site permit applications.
Criteria for Priority Development Sites
- May be zoned for commercial, industrial, 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 both by the local governing authority and by the Permit Regulatory Office.
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. Use our check list for municipalities.
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-day phase-in period is complete, the town must render permitting decisions on priority development sites within 180 days.
Protections for Communities
The 180-day deadline 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
Best Practices for Streamlined Local Permitting
The Massachusetts Association of Regional Planning Agencies (MARPA) published a Best Practices Model to Streamlined Local Permitting. To create this guide, MARPA conducted a statewide municipal survey, hosted 14 permitting focus groups, conducted extensive research, and utilized the expertise of the Regional Planning Agencies throughout Massachusetts. These practices are designed to make permitting more predictable, equitable, cost effective, and efficient while reinforcing local jurisdiction, encouraging community-supported projects, preserving local resources, and maintaining the standard of review.
Permit tracking software is available to all cities and towns via the MPRO website. The Municipal Permit Tracking System (MPTS) provides an affordable alternative for cities and towns to comply with best practices as outlined by the Massachusetts Association of Regional Planning Agencies (MAPRA) in theBest Practices Model for Streamlined Local Permitting
Contact Information
For more information about the process and standards for designating a priority development site, please contact:
Doug Gutro, Director, Massachusetts Permit Regulatory Office
One Ashburton Place, Room 2101 Boston, MA 02108
Email: douglas.gutro@mass.gov
Phone: 857-274-1638