Real Estate Development in the Time of Coronavirus: Massachusetts – Update 3/27/2020

State Permits and Approvals

On March 26, 2020, Massachusetts Governor Charlie Baker issued COVID-19 Executive Order No. 17, which applies to state permits and approvals. This order provides that no constructive approvals, deadlines for hearings, deadlines for decisions, or rights of appeal shall take place or be due until 45 days after the termination of the state of emergency issued by Governor Baker due to the COVID-19 pandemic.

This Executive Order also provides that any state permit that was valid as of 3/10/2020 (the date of the state of emergency order) shall not expire or lapse during this state of emergency.

As mentioned in yesterday’s alert, there are bills before the state legislature, including a bill filed by the governor on March 24, 2020 (H.4586), that would similarly toll municipal permits and approvals.

MassDevelopment

As a clarification to one of our prior alerts, we want to let you know that MassDevelopment remains in operation and its employees are working remotely, as described in this statement on its website.

We will continue to monitor this situation and provide updates in this rapidly changing environment.

For questions on these orders, or any other real estate development issue, please contact Dan Bailey, Paula Devereaux, or Don Pinto.