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Bill > H1366


MA H1366

MA H1366
To legitimize structures after six or ten years of continuous use


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to the statute of limitations in certain court actions involving zoning violations. The Judiciary.

AI Summary

This bill proposes changes to Massachusetts General Laws Chapter 40A, specifically concerning zoning violations and the statute of limitations for legal actions related to them. The key provisions establish that no local zoning law can impose a penalty exceeding three hundred dollars per violation, though each day of a continuing violation can be considered a separate offense. Crucially, the bill introduces time limits for legal actions to challenge structures or their use based on zoning violations. Specifically, if a structure was built and used according to an original building permit, any legal action to compel changes or removal due to alleged zoning violations must be initiated and a notice recorded within six years of the alleged violation's start. Furthermore, for any alleged zoning violation related to a structure, or the conditions of a variance or special permit, legal action must be commenced and a notice recorded within ten years of the alleged violation's start. The bill also adds a significant provision stating that if a structure has existed for at least ten years and no legal action notice has been recorded within that ten-year period, the structure will be considered compliant with zoning laws as they existed when it was built, or as a legally nonconforming structure, effectively legitimizing it for zoning purposes.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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