COVID-19 Guidance

COVID-19 Guidance

COVID-19 Guidance

The COVID-19 pandemic has changed the usual procedures, rules, and regulations for land use permitting. Since March 2020, Massachusetts lawyers and their clients have seen new legislation that says how municipalities can accept, review, grant, deny, and enforce their permits.

UPDATE (July 27, 2020): On July 1, 2020, the Governor issued COVID-19 Order No. 42, “Order Resuming State Permitting Deadlines and Continuing to Extend the Validity of Certain State Permits” which changes some of the deadlines discussed above. A summary of Order No. 42 can be found here. Order No. 42 replaces Order No. 19.

(Revised July 27, 2020.)

The flurry of emergency executive orders and court orders, plus a new state statute, have provided needed relief and flexibility to local and state government agencies and courts to cope with the reality of the COVID-19 pandemic in Massachusetts.

(Revised July 27, 2020)

UPDATE: On July 1, 2020, the Governor issued COVID-19 Order No. 42, “Order Resuming State Permitting Deadlines and Continuing to Extend the Validity of Certain State Permits” which changes some of the deadlines discussed above. A summary of Order No. 42 can be found here. In essence, Order No. 42 replaces Order No. 19 which was the underpinning of several of the answers provided by DEP in its FAQ. Most notably, MassDEP’s deadline to appeal to itself an Order or Determination will now end on August 10, 2020.

The Massachusetts Legislature has enacted a legal framework for municipal boards, including conservation commissions, to receive and process applications, conduct meetings and hearings, make and issue decisions, take enforcement actions, and otherwise function during the state of emergency declared by Governor Baker on March 10, 2020.1

Dear Clients: We here at McGregor & Legere hope that you and your family are well. We are writing to assure you that our firm remains open for business, fully functional, and focused on your matter.

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