Code of Massachusetts Regulations
760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF
Title 760 CMR 12.00 - Urban renewal regulations
Section 12.03 - Plan Changes

Universal Citation: 760 MA Code of Regs 760.12

Current through Register 1531, September 27, 2024

The urban renewal agency shall submit all proposed minor and major plan changes to the Department for approval, except as specified in 760 CMR 12.03(1). The application for a plan change shall include a detailed description of the change, and the purpose and effect of the plan change on project activities.

(1) A minor plan change is a plan change that does not significantly affect any of the basic elements (acquisitions, characteristics, objectives, public improvements, redeveloper's obligations or disposition) of a previously approved Urban Renewal Plan as described in 760 CMR 12.02(2), (4), (5), (8), (9) and (10). An application for a minor plan change shall include a resolution of the urban renewal agency adopting the plan change. If deemed necessary for its decision, the Department may require additional local approvals or information.

Urban renewal agencies need not seek DHCD approval for the following minor plan changes:

(a) Granting or receiving easements for utilities;

(b) Confirmatory takings for the purpose of title clearing;

(c) Tax foreclosures;

(d) Conveying non-buildable lots of less than 5,000 square feet to owners of adjacent parcels;

(e) Acquiring an interest in property made available through a discontinuance of a public way;

(f) Transfer of a property interest to or from another public entity.

(2) A major plan change is a significant change in any of the basic elements (acquisitions, characteristics, objectives, public improvements, redeveloper's obligations or disposition) of a previously approved Urban Renewal Plan, as described in 760 CMR 12.02(2), (4), (5), (8), (9) and (10). For example, major plan changes shall include, changing the boundaries of the plan area, changing the allowable uses within the plan area, and changing the designation of parcels from "not to be acquired" to "to be acquired". The request for a major plan change shall be accompanied by evidence of public outreach, a public hearing, a Planning Board determination that the proposed change is in conformance with the general plan for the community as a whole, and City Council or Town Selectmen approval. If deemed necessary for its decision, the Department may require additional local approvals or information.

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