Coronavirus (COVID-19) Relief Center
Coronavirus (COVID-19) Relief Center
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Massachusetts
These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on September 14, 2020.
For more up-to-date information on the relief programs available in Massachusetts, we recommend that you visit the state's COVID-19 Updates and Information website, COVID-19 State of Emergency resources or MassTrac's list of bills related to the COVID-19 pandemic.
Description of Program and Relief
Suspension of State Permitting Deadlines and Extension of State Permits
Constructive Denials or Approvals: Constructive approvals or denials that would have issued between March 10, 2020 and July 1, 2020, but for the suspension provided in COVID-19 Order No. 17, will issue on August 17, 2020 if the state permitting agency fails to act by August 17, 2020. Constructive approvals or denials that would have issued after July 1, 2020 shall issue according to the regular, applicable statutory or regulatory deadline or on August 17, 2020, whichever date is later.
Hearings: All hearings that a state pe1mitting agency would have been required to commence between March 10, 2020 and July 1, 2020, but for the suspension provided in COVID-19 Order No. 17, will commence on or before August 10, 2020. All hearings required to commence after July 1, 2020 should be commenced according to the regular, applicable statutory or regulatory deadline or by August 10, 2020, whichever date is later.
Decision Deadlines: All decisions and requests that a state permitting agency would have been required to issue or make between March 10, 2020 and July 1, 2020, but for the suspension provided in COVID-19 Order No. 17, shall be issued on or before August 10, 2020. This includes any requirement that a state permitting agency (i) issue a decision on an application, order, notice of intent, petition, or request for approval, (ii) issue a decision on an appeal of an application, order, notice of intent, petition, or request for approval, or (iii) request a superseding order or determination, within a specific period of time has been suspended. All decisions and requests that a state permitting agency is required to issue or make by a date ce1iain after July 1, 2020 shall be issued or made by the regular, applicable statutory or regulatory deadline or August 10, 2020, whichever date is later.
Appeal Rights: Any person aggrieved by a decision or final decision of a state permitting agency on an approval or denial thereof whose right to appeal such decision would have expired or will expire between March 10, 2020 and July 1, 2020, but for the tolling of such rights provided in COVID-19 Order No. 17, shall have until and including August 10, 2020 to appeal. Any person whose right to appeal a decision or final decision of a state permitting agency on an approval or expires after July 1, 2020 shall make such appeal by the regular, applicable statutory or regulatory deadline or by August 10, 2020, whichever date is later.
Permit Tolling: An approval issued by a state permitting agency valid as of March 10, 2020 and any deadline to record the approval to establish its validity shall not lapse or otherwise expire during the state of emergency and the expiration date of the approval and the deadline will toll during the state of emergency. The new date for the expiration of an approval or the deadline to record the approval is calculated as follows:
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determine how many days remained as of March 10, 2020 until the approval or the deadline to record would have expired, and
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that same number of days will remain as of the date that the state of emergency is terminated.
To the extent that any approval contains or is subject to other deadlines or conditions, the state permitting agency may extend such deadlines or waive such conditions if an approval holder is not able to abide by the deadlines or conditions due to the state of emergency.
This section shall not apply to a holder of an approval who was in violation of the terms and conditions of the approval as of March 10, 2020.
Government or Lead Agency
Office of the Governor
Eligibility Requirements/Restrictions
None in addition to those mentioned above.
Application Deadlines (If Applicable)
Not applicable
List of Additional Information
© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.