974 CMR 1.10 - Vesting

(1) Purpose. To promote more predictable and equitable vesting of rights for development and to establish specific guidelines for determining the vested rights of properties affected by new or changed regulations.

(2) Rights Vested in Applicable 974 CMR.

(a) A building, structure, sign, parking space, landscaping amenities, loading dock, or other site improvement which complies with the provisions of 974 CMR 1.00 at the time at which a building permit is issued but would not comply with any proposed amendments to 974 CMR 1.00 may be completed, continued or maintained provided the following three conditions have been met:

1. The commencement of construction must be pursuant to a validly issued building permit.

2. There must be actual physical commencement of some significant and visible construction; and

3. The commencement must be undertaken in good faith, to wit, with the intention to continue with the construction and carry it through to completion.

(b) A building, structure, sign, parking space, landscaping, loading dock, or other site improvement constructed in compliance with duly issued building permits may be continued despite changes in 974 CMR, however, the construction of a new building, construction or expansion of a parking lot, structure, or loading dock, construction of an ancillary building greater than 800 square feet of gross floor area, or the construction of a project that will result in changes to the existing land surface area of 10% or more of the lot size shall be in accordance with the updated or amended 974 CMR, if any.

(3) There shall be no vesting with regard to 974 CMR 8.00: Public Health.

Notes

974 CMR 1.10