For once, the phrase, “just my luck” does not have a negative connotation, thanks to Section 173 of Chapter 240 of the Acts of 2010.
There must have been p l e n t y of developers who realized they could not build their project (after years of permitting), because the economy took a dive during the process. How devastating it must have been to realize that proceeding would only result in further losses.
That clearly unfortunate situation was fortunately recognized by the Legislature, which swooped in to help developers weather the storm by creating Section 173 of Chapter 240 of the Acts of 2010 (which was later extended by Sections 74 and 75 of Chapter 238 of the Acts of 2012).
While some exemptions apply, more or less all regulatory approvals issued by local, regional or state entities that concern the use or development of real property have been extended by the Act and its extensions.
The Act results in an automatic extension for four years beyond the approval’s original expiration date, so long as the approval was, “in effect or existence” at any time between August 15, 2008 and August 15, 2012. It’s important to note that this extension requires no approval or action by the issuing authority–it’s truly automatic. Even building permits apply.
Unfortunately, if your permit was still within its appeal period during the listed time frame, it will not benefit from the Act–remember that it must have been “in effect or existence”. But, so long as the decision was final, the extension is yours, even if you are subject to related violations. Of course the issuing agency may take appropriate enforcement action, but only if it does not impact the four-year extension period.
So, for those developers who were disheartened by their unfortunate timing, now may be the time to build!
