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Bill > H1284


MA H1284

MA H1284
To legitimize structures after six or ten years of continuous use


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th 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 taking action against structures. Essentially, it aims to legitimize structures that have been in place and used continuously for a certain period, even if they were initially built in violation of zoning laws. The key provisions establish that legal action to compel the removal, alteration, or relocation of a structure due to a zoning violation cannot be maintained unless it's initiated within six years of the alleged violation if the structure was built according to an original building permit, or within ten years if the violation is related to the conditions of a variance or special permit. Furthermore, if a structure has been in existence for at least ten years and no legal action 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, thereby preventing future challenges to its existence for zoning purposes. This aims to provide certainty and prevent old zoning violations from being used to force changes to long-standing structures.

Committee Categories

Justice

Sponsors (2)

Last Action

Accompanied a new draft, see H3611 (on 06/22/2015)

bill text


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