Record when a building permit or special permit stops carrying the old zoning
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the permit, record whether it is a building permit, a special permit, or a site-plan approval, and the date it was issued. Record any date the lawyer gives for commencement of the use or construction. Leave blank whether the statutory period is still open. Do not calculate a last day.
- What the lawyer must review
- The lawyer decides whether the use or construction is still protected. Massachusetts General Laws chapter 40A, section 6, says a zoning ordinance or by-law shall provide that construction or operations under a building permit shall conform to any subsequent amendment unless the use or construction is commenced within a period of not more than 12 months after the permit is issued and, where there is construction, unless it is continued through to completion as continuously and expeditiously as is reasonable. Construction or operations under a special permit or a site-plan approval shall conform to a subsequent amendment unless the use or construction is commenced within 3 years after issuance and, where there is construction, unless it is continued in the same way. For that three-year sentence, construction on previously disturbed land is deemed commenced on substantial investment in site preparation or infrastructure, and phased construction shall proceed expeditiously but not continuously among phases. This is Massachusetts. A New York City building permit that expires one year from issuance is a different rule and is not applied here.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes organising research leads and assembling provisional schedules. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.