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Massachusetts Governor Signs Two-Year Permit Extension Act
Print PDFOn November 20, 2024, Governor Healey signed An Act Relative to Strengthening Massachusetts’ Economic Leadership, the “Mass Leads Act,” into law. The legislation includes a two-year Permit Extension Act along with several permitting reforms aimed at expanding opportunity and improving predictability for development.
Under the Permit Extension Act, any permit or approval from a government entity concerning the use or development of real property, including any environmental permit, in effect or existence between January 1, 2023, to January 1, 2025, is now extended for a period of two years in addition to the lawful term of the approval. These approvals include, but are not limited to, special permits, comprehensive permits pursuant to Massachusetts General Laws Chapter 40B, site plan approvals, variances, building permits, orders of conditions, and Chapter 91 licenses regarding waterways. Because the Mass Leads Act contained an emergency preamble, the law goes into effect immediately.
The approvals exclude enforcement orders and any civil administrative penalty made under the laws of the Executive Office of Energy and Environmental Affairs. In addition, the following approvals may not be extended: any permit issued by the United States government or its agencies, including permits where the United States government determines the duration, date, or terms of its expiration; a permit or approval issued by the division of fisheries and wildlife under Chapter 131 of the Massachusetts General Laws; an approval or any other administrative action by the Massachusetts Department of Energy Resources under the Solar Massachusetts Renewable Target (SMART) Program, the Clean Peak Standard Incentive Program, and the Clean Peak Energy Portfolio Standard (CPS); any agreement entered into by the Massachusetts Department of Transportation or the Massachusetts Bay Transportation Authority or any permit or approval issued by either relating to the sale, acquisition or lease or development of real property owned in whole or in part by either or the sale, acquisition, lease or development of any interest related to such real property pursuant to Chapter 6C or Chapter 161A of the Massachusetts General Laws; and any enforcement order, consent decree, or settlement agreement.
This advisory was prepared by Matthew Connolly, Michelle Kenyon, Valerie Moore, and Matthew Snell in Nutter’s Real Estate Department. If you would like additional information, please contact any member of the department or your Nutter attorney at 617.439.2000.
This update is for information purposes only and should not be construed as legal advice on any specific facts or circumstances. Under the rules of the Supreme Judicial Court of Massachusetts, this material may be considered as advertising.
