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Statute, process and application of Chapter 40 Section 54A

Permits for construction on Railroad Rights-of-way

Cities, towns, and individuals must have a local building permit to build on former railroad company land. To issue the permit, or a determination of inapplicability, the applicant must submit the following:

  • a completed application
  • the required attachments referenced in the application

The process usually takes about 10-14 weeks.

40 §54A Application and Application Guidance - COVID-19 update

In light of a state of emergency that now exists in the Commonwealth due to the outbreak of the 2019 novel Coronavirus ("COVID-19"), the public hearing component of M.G.L. c. 40, Section 54A, will not be a requirement of the 54A Application Process unless holding such a hearing is essential to the public interest. The burden of establishing that a hearing is essential to the public interest will be that of the municipality, as the party requesting the Secretary’s consent to the issuance of a building permit.

Please use the 40 §54A Statement of Procedure Application and Application Guidance documents linked below.

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