The MassDEP Extends “Qualifying Period” Under The Permit Extension Act Reply

In 2010, the Massachusetts legislature passed the Permit Extension Act (Act) that established an automatic two-year extension to certain permits and licenses that were issued concerning the use or development of real property. The 2010 Act applied to permits and licenses that were issued during the “qualifying period” of August 15, 2008 through August 15, 2010.  This qualifying period was just recently expanded by an additional two years to cover permits or licenses issued through August 15, 2012.  With limited exceptions, the Act automatically extends, for four years beyond its otherwise applicable expiration date, any permit or approval that was “in effect or existence” during the qualifying period.  As an example; a covered permit or license that expired on September 1, 2009 would be automatically revived (i.e., put back into force) and the new expiration date would be September 1, 2013.  This example and other frequently asked questions can be found on the MassDEP website.

The list of potential permits or licenses affected by the Act is extensive as it applies to any permit, certificate, order (excluding enforcement orders), license, certification, determination, exemption, variance, waiver, building permit, or other approval or determination of rights from any municipal, regional or state governmental entity, concerning the use or development of real property.  The potential list includes permits or licenses issued under the following chapters of the Commonwealth of Massachusetts General Laws: Chapter 21, Chapter 21A (Except for section 16: Civil and Administrative Penalties), Chapter 21D, Chapter 30 (Sections 61 to 61H inclusive), Chapter 30A, Chapter 40, Chapter 40A, Chapter 40B, Chapter 40C, Chapter 40R, Chapter 41, Chapter 43D, Chapter 81 (Section 21), Chapter 91, Chapter 131, Chapter 131A, Chapter 143, Chapter 249 (Sections 4 and 5), and Chapter 258.

If you have any questions regarding the extension and whether your permits or licenses may be covered, please contact Chris Walton, PE, at 508.970.0033 ext. 139 or cwalton@capaccio.com.

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