Bill > S2285

This bill amends existing Massachusetts General Laws, specifically Chapter 40A, concerning non-conforming structures, which are buildings or parts of buildings that do not comply with current zoning laws but were legally built under previous regulations. The bill establishes new time limits for taking legal action against alleged zoning violations related to structures. It limits penalties for zoning violations to a maximum of $300 per offense, though each day a violation continues can be considered a separate offense. Crucially, it introduces a statute of limitations: legal actions to compel the removal, alteration, or relocation of a structure due to zoning violations generally cannot be maintained unless a notice of the action is recorded in the registry of deeds within 6 years of the violation's commencement if the structure was built according to the original building permit, or within 10 years if the violation is related to the structure itself or conditions of a variance or special permit. Furthermore, if a structure has existed for at least 10 years without any recorded legal action concerning zoning violations, it will be considered a legally non-conforming structure. The bill also includes provisions for structures erected or altered between 9 and 10 years before the act's effective date, allowing a slightly extended 10-year and 6-month period for legal action to be initiated and recorded.