With the legislative session rushing to an end, state lawmakers gave final approval to the Permit Extension Act of 2010.  Its passage came as part of an Economic Development Reorganization package (Senate Bill No. 2582) hammered out between the House and Senate only hours before the midnight deadline on July 31.  Its passage was a landmark achievement for the Home Builders Association of Massachusetts.

Once signed by Governor Patrick, the Permit Extension Act will extend state and local permit deadlines for nearly all real estate developments whose approval was “in effect or existence” between August 15, 2008 and August 15, 2010 for a period of two years beyond the current lawful term of the approval.  The act does not extend comprehensive permits issued by a board of appeals pursuant to Chapter 40B or a permit, license, privilege or approval issued by the Division of Fisheries and Wildlife for hunting, fishing or aquaculture.

The Permit Extension Act will help residential, commercial and industrial projects that have already been reviewed and approved, but haven’t moved forward due to market conditions and the lack of available financing. It will eliminate unnecessary delays and costs associated with reapplying for permits and provide increased predictability to developers, lenders and municipalities.  The passage of the Permit Extension Act is also a potentially precedent setting setback for the home rule authority of cities and towns to regulate development.

The HBAM vigorously lobbied the Legislature for nearly 18 months to approve the Permit Extension Act.  Together with NAIOP, it helped organize a broad coalition of organizations to support its passage in the face of strong opposition from the Massachusetts Municipal Association.  Due to the efforts of the HBAM, the Permit Extension Act received the editorial endorsement of the MetroWest Daily News and the Boston Globe.

The Home Builders Association of Massachusetts is grateful to Governor Deval Patrick for his endorsement of the Permit Extension Act.  It passage could not have been possible without the help of Senate President Therese Murray (D-Plymouth), Senators Karen Spilka (D-Ashland) and Michael Moore (D-Worcester), Speaker Robert DeLeo (D-Winthrop), and Representatives Charles Murphy (D-Burlington), Brian Dempsey (D-Haverhill), Michael Rodrigues (D-Westport) and Kevin Honan (D-Boston), among others.

Governor Patrick is expected to sign the Permit Extension Act into law shortly.