Building Permit Extension Act of 2010

Relief for Construction Project Permit Holders

We have been Recession street sign

in the fog of what is being called the "Great Recession" since 2008. Many projects, regardless of size, have been on hold due to economic uncertainty, lack of a market, or inability to receive necessary funding. Property owners, businesses, and developers have worried that the money they've invested in architectural and engineering consultants, legal counsel, and permitting fees has been wasted because their permits and approvals have expired or will expire before their project can be constructed.

To address this uncertainty, Governor Deval Patrick signed the "Act Relative to Economic Development and Reorganization" into law on August 5, 2010. Included in the law is a section that is intended to provide relief to permit holders, who were unable to get their projects underway within the required timeframe, by extending the life of covered permits by two years.

Permit Extension Act of 2010
Building Permit

Section 173 of the law, known as the Permit Extension Act, automatically extends for two years the lawful term of approval of most state, regional, and local development-related permits that were in effect at any time during the period of August 15, 2008 through August 15, 2010.

While the Permit Extension Act is quite inclusive, it does not apply to a number of permits and approvals including comprehensive permits issued under Chapter 40B; permits or approvals issued by the federal government; permits and licenses issued by the Division of Fisheries and Wildlife for hunting, fishing, or aquaculture; oil and hazardous waste release permits issued under Chapter 21E; or approvals issued by the Massachusetts Historical Commission. Sewer connection permits are conditionally extended, subject to available capacity of the receiving treatment facility for the flow from the development whose approval has been extended.