July 28, 2006 - The Massachusetts Chapter of NAIOP, the Forum for Commercial Real Estate, congratulates the Massachusetts Legislature for its passage of H. 5207, An Act Relative to Streamlining and Expediting the Permitting Process in the Commonwealth. The bill provides innovative solutions to streamlining the state’s cumbersome permitting process and reforms the lengthy and inconsistent appeals process for both housing and commercial development.
“Clearly, the Legislature understands the urgent need for this bill,” said David Begelfer, CEO of NAIOP. “With the sluggish economy and the serious loss of talent to other states, we must change the way we do business. This bill will help to prevent frivolous appeals and will allow Massachusetts to compete with other states that have a much more business friendly environment. It will bring fairness, timeliness and transparency to what has historically been a very uncertain permitting process.”
As Massachusetts looks for ways to regain its competitive edge, the reforms proposed in this legislation are essential. Its key provisions include:
- changes the Expedited Permitting Act, Chapter 43D, encouraging more communities to opt-in to a 180 day, site specific (rather than the whole municipality) expedited permitting process with technical assistance;
- provides funding for the Division of Administrative Law Appeals (DALA) to streamline their appeals process with 90 day decisions and remove the significant backlog of environmental appeals;
- creates the Massachusetts Permit Regulatory Office led by a Permit Ombudsman who will serve as the primary contact to new and expanding businesses;
- creation of enforceable regulations for expediting the curb cut process within MassHighways; and
- creates a new session of the Trial Courts, focused solely on speedily hearing and deciding land use and environmental permitting appeals, drawing on those judges with the skill set to hear and decide permitting cases promptly.
NAIOP applauds the leadership of the House and Senate especially Speaker of the House Salvatore DiMasi, Senate President Robert Travaglini, and members of the Conference Committee including bill author Representative Michael Rodrigues, Senator Jack Hart, Representative James Leary, Senator Thomas McGee, Representative Lewis Evangelidis, and Senator Bruce Tarr.
Click here to view the text of House Bill 5207.
Click here for a list of all Senate and House votes on this bill.
Mass Lawyers Weekly NAIOP Letter to the Editor: Time for Legislature, Court to Act on Permitting Issue.
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