EXPEDITED STATE PERMITTING

M.G.L. pt. Part I, tit. Title VII, ch. c. 43E

in effect

M.G.L. c. 43E, § 1 Definitions

c. 43E, § 1. Definitions Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Growth district'', a district designated from time to time by the secretary of economic development, with the approval of the secretary of housing and livable communities and the secretary of energy and environmental affairs, to participate in the growth district initiative. ''Growth district initiative'', a program established by the executive office of economic development and section 2C of chapter 303 of the acts of 2008 to provide for commercial and residential transportation and infrastructure development, improvements and various capital investment projects. ''Issuing authority'', a state agency, commission, department or other state entity that is responsible for issuing permits, granting approvals or otherwise involved in land use development including redevelopment of existing buildings and structures. ''Permit'', a permit, formal determination, order of conditions, license, certificate, authorization, registration or other approval or determination with respect to the use or development of land, buildings or structures required by an issuing authority. ''Permit'' shall not include the decision of an agency to dispose of property under its management or control or permits granted by the Massachusetts Water Resources Authority or permits or approvals issued by the department of public utilities or the Energy Facilities Siting Board under chapter 40A and chapter 164 or requests for variances or waivers from state laws or regulations. ''Priority development site'', priority development site as defined in section 2 of chapter 43D. ''Project'', project as defined in section 62 of chapter 30. ''Site'', a privately or publicly owned property that is zoned for commercial or industrial use.

M.G.L. c. 43E, § 2 Time period for completion of permit review and issuance of final decision

c. 43E, § 2. Time period for completion of permit review and issuance of final decision Section 2. (a) Issuing authorities shall complete permit reviews and final decisions within 180 days, or 210 days for permit processes requiring a public comment period, subject to an extension under section 5, for projects that are in: (i) priority development sites designated under chapter 43D; (ii) located within a growth district; (iii) provided the applicant has received a certificate indicating the completion of the process under sections 61 to 62H, inclusive, of chapter 30; and (iv) provided neither the project nor any portion of the project shall be in a wetland as defined by section 40 of chapter 131, tidelands as defined by section 1 of chapter 91, priority habitat as delineated by the division of fisheries and wildlife under chapter 131A or an area of critical environmental concern as designated by the secretary of energy and environmental affairs. (b) The time period to complete reviews and issue permit decisions shall begin the day after the issuing authority issues notice that the application materials necessary for the permit are complete. The issuing authority shall notify the applicant in writing within 20 business days from receipt of the completed form of additional information needed or requirements that it may have. The issuing authority may provide for pre-application conferences to facilitate this process. (c) The resubmission of the application or the submission of such additional information required by the issuing authority shall commence a new 30–day period for review of the additional information.

M.G.L. c. 43E, § 3 Grant of permit upon failure of issuing authority to take final action or approve within time period for completion of review and issuance of final decision

c. 43E, § 3. Grant of permit upon failure of issuing authority to take final action or approve within time period for completion of review and issuance of final decision Section 3. Failure by any issuing authority to take final action on a permit or approval within the 180–day or 210–day period or extended time, if applicable, shall be considered a grant of the permit requested of that authority. In that event, within 3 days after the date of expiration of the time period, the applicant shall file a notice with the issuing authority, attaching the application, setting forth the facts giving rise to the grant and stating that notice of the grant has been mailed, by certified mail, to all parties to the proceedings and all persons entitled to notice of hearing in connection with the application.

M.G.L. c. 43E, § 4 Grounds for denial of grant

c. 43E, § 4. Grounds for denial of grant Section 4. The grant shall not occur if: (1) the issuing authority has made a timely determination that the application is not complete in accordance with its requirements, properly notified the applicant and the applicant has not made a timely response to complete the application; (2) the issuing authority has determined that the final application contained false or misleading information; or (3) the issuing authority has determined that substantial changes to the project affect the information required to process the permit application have occurred since the filing of the application.

M.G.L. c. 43E, § 5 Waiver or extension of time period

c. 43E, § 5. Waiver or extension of time period Section 5. The 180 or 210 day time period may be waived or extended for good cause upon written request of the applicant with the consent of the issuing authority or upon written request of the issuing authority with the consent of the applicant. The 180 or 210 day time period shall be extended without consent of the applicant if the issuing authority determines either: (1) that action by another federal, state or municipal government agency is required before the issuing authority may act; (2) that judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application; or (3) that enforcement proceedings that could result in revocation of an existing permit for that facility or activity and denial of the application have been commenced. In those circumstances, the issuing authority shall provide written notification to the applicant and send a copy to the secretary of economic development. When the reason for the extension is no longer applicable, the issuing authority shall immediately notify the applicant and shall complete its decision within the time period specified in this section, beginning the day after the notice is issued. An issuing authority shall not deny a permit exclusively due to a lack of time for review if the applicant has provided a complete application and met all other obligations under this chapter.

M.G.L. c. 43E, § 6 Commencement of time period for appeal of grant

c. 43E, § 6. Commencement of time period for appeal of grant Section 6. The commencement of the time period for an administrative or judicial appeal of a grant under section 3 shall be the date the applicant files notice of the grant under said section 3. The 180 or 210 day timeline shall not apply to an administrative appeal following the issuance of a permit.

M.G.L. c. 43E, § 7 Application of chapter

c. 43E, § 7. Application of chapter Section 7. Nothing in this chapter shall be construed to alter the substantive jurisdictional authority of issuing authorities. Nothing in this chapter shall be construed to modify any requirement of the State Implementation Plan or other requirement of law that is necessary to retain federal delegation to, or assumption by, the commonwealth of the authority to implement a federal law or program.

M.G.L. c. 43E, § 8 Rules and regulations

c. 43E, § 8. Rules and regulations Section 8. The secretary of economic development shall promulgate rules and regulations to implement this chapter with the approval of the secretary of energy and environmental affairs and the secretary of housing and livable communities. Any agency issuing permits under this chapter may issue rules and regulations to tailor this chapter to the specific permits issued by such agency.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter43EFetched: 10/20/2026