Governor Baker Issues an Emergency Order Suspending State Permitting Deadlines

On March 26, 2020, Governor Charlie Baker issued an emergency order, COVID-19 Order No. 17 (“Order”), suspending state permitting deadlines and extending the validity of state permits. In particular, the Order makes the following modifications to the state permitting process during the COVID-19 state of emergency for all pending and proposed projects:

• No approval shall be considered granted, approved, or denied due to a state permitting agency failing to act within the time required by statute, rule, or regulation. The running of the applicable time period resumes 45 days after the termination of the state of emergency.
• Suspends any requirement for a hearing to commence within a specific period of time after the filing of or appeal of a state permitting agency decision on an application, order, notice of intent, petition, or request for approval. The running of the applicable time period resumes 45 days after the termination of the state of emergency.
• Suspends any requirement that a state permitting agency: 1) issue a decision on an application, order, notice of intent, petition, or request for approval; 2) issue a decision on an appeal of an application, order, notice of intent, petition, or request for approval; or 3) request a superseding order or determination. The running of the applicable time period resumes 45 days after the termination of the state of emergency.
• Allows any person aggrieved by a decision or final decision of a state permitting agency whose right to appeal such decision would expire during the state of emergency to have until 45 days following the termination of the state of emergency to file an appeal.
• Tolls any approval issued by a state permitting agency that was valid as of March 10, 2020, during the state of emergency.We understand that these are uncertain times and that developers, municipalities, and individuals may be faced with unprecedented and unique environmental and land use issues caused by COVID-19. If you have any questions about how this Order or other changes to statutes, rules, or regulations will impact your pending or proposed project please contact: Glenn Wood, gwood@rubinrudman.com, 617.330.7016, Tyler Franklin, tfranklin@rubinrudman.com, 617.330.7084, or your Rubin and Rudman legal professional.