Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 1.00 - Administration
Section 1.10 - Vesting
Universal Citation: 974 MA Code of Regs 974.1
Current through Register 1531, September 27, 2024
(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.
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