Product Description

Recent updates:

• Update: August 2024

  Dear Subscriber:

  Thank you for updating your reference library with the 2024 edition of Massachusetts Environmental Law. Highlights from the many issues addressed in this revision include

  • the establishment of a cabinet-level climate innovation and resiliency office in Massachusetts;

  • a Supreme Judicial Court ruling that the authority of the Massachusetts Department of Environmental Protection to approve municipal harbor plans could not be delegated to the Office of Coastal Zone Management;

  • Massachusetts' adoption of the Interstate Wildlife Violator Compact;

  • an updated overview of state law on cannabis cultivation;

  • the U.S. Supreme Court's interpretation of "waters of the United States" in the regulation of wetlands under the Clean Water Act;

  • the passage of An Act Preserving Open Space in the Commonwealth (known as the Public Lands Preservation Act), amending the procedures for disposing of or changing the use of land protected under Article 97;

  • numerous developments in the state's regulation of drinking water supplies;

  • guidelines for compliance with the MBTA Communities Act; and

  • a U.S. Supreme Court ruling that the retention of excess home equity value in a tax foreclosure sale violates the Takings Clause of the U.S. Constitution.

  This edition also introduces a new chapter addressing a topic of increasing importance in Massachusetts environmental practice: environmental justice. The chapter provides an overview of the statutes, policies, protocols, and regulations that establish environmental justice requirements, along with the case law and administrative decisions defining the scope of these requirements.

  We trust you will find the 2024 edition of Massachusetts Environmental Law a valuable resource, as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

  Very truly yours,

  John M. Lawlor, Esq., MCLE Publications Attorney

Table of Contents

Chapter 01 expand

Historical Development of Massachusetts Zoning Law

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Michael K. Murray, Esq., Nixon Peabody LLP

Checklist 1.1

- Amendments to Chapter 808 of the Acts of 1975 (Through 2020 Mass. Acts c. 358, §§ 16–25) Buy Form

Exhibit 1A

- Index of General Zoning Acts Buy Form

Chapter 02 expand

Zoning Power and Its Limitations

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Kuong C. Ly, Esq., Anderson Kreiger LLP
Michael K. Murray, Esq., Nixon Peabody LLP

Chapter 03 expand

Procedure for Amending a Zoning Ordinance or Bylaw

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Michael K. Murray, Esq., Nixon Peabody LLP

Checklist 3.1

- Procedure for Adoption or Change of a Zoning Ordinance or Bylaw (Except in Boston) Buy Form

Chapter 04 expand

Limitations on Application of Local Zoning Regulations to Government Entities

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Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 05 expand

Low- and Moderate-Income Housing: The Anti-Snob Zoning Act, Linkage, Inclusionary Zoning, and Incentive Zoning

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Benjamin B. Tymann, Esq., Tymann, Davis & Duffy LLP
J. Patrick Yerby, Esq., Tymann, Davis & Duffy LLP

Chapter 06 expand

Nonconforming Uses and Structures

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Kathleen M. Heyer, Esq., Pierce Atwood LLP
Douglas A. Troyer, Esq., Pierce Atwood LLP

Chapter 07 expand

Zoning Freezes

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Brian W. Blaesser, Esq., Dinsmore & Shohl LLP
Michael S. Giaimo, Esq., API Northeast Region
Michael K. Murray, Esq., Nixon Peabody LLP

Chapter 08 expand

Special Permits

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Michael S. Giaimo, Esq., API Northeast Region

Chapter 09 expand

Variances

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Michael K. Murray, Esq., Nixon Peabody LLP

Chapter 10 expand

Procedures for Obtaining Variances and Special Permits

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Michael K. Murray, Esq., Nixon Peabody LLP
Nicholas P. Shapiro, Esq., Phillips & Angley

Chapter 11 expand

Judicial Review of Variances and Special Permits

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Michael K. Murray, Esq., Nixon Peabody LLP

Chapter 12 expand

Judicial Construction of Zoning Ordinances and Bylaws

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Amy E. Kwesell, Esq., KP Law, PC
Michael K. Murray, Esq., Nixon Peabody LLP

Chapter 13 expand

Enforcement of Zoning Requirements

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Michael K. Murray, Esq., Nixon Peabody LLP
Gareth I. Orsmond, Esq., Pierce Atwood LLP

Chapter 14 expand

Landowner Actions to Determine the Validity or Applicability of Zoning Ordinances

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Michael K. Murray, Esq., Nixon Peabody LLP
Johanna W. Schneider, Esq., Hemenway & Barnes LLP

Chapter 15 expand

Zoning Reports and Legal Opinions on Zoning Compliance

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Michael P. Ross, Esq., Prince Lobel Tye LLP
Robert M. Schlein, Esq., Prince Lobel Tye LLP

Exhibit 15A

- Sample Zoning Opinion Buy Form

Exhibit 15B

- Sample Statement of Fact Buy Form

Chapter 16 expand

Special Zoning Acts: Boston

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Cynthia M. Barr, Esq., CM Barr LLC
Jennifer Schultz, Esq., Nixon Peabody LLP

Exhibit 16A

- Selected Issues Addressed in Multiple Zoning Provisions Buy Form

Exhibit 16B

- Corresponding Sections of the Enabling Act, Boston Zoning Code, and Massachusetts Zoning Act Buy Form

Exhibit 16C

- Boston Zoning Acts and Selected Special Acts Buy Form

Exhibit 16D

- Websites for Boston Zoning Buy Form

Exhibit 16E

- Inspectional Services Department Documents: Sample Refusal Letters and Commissioner’s Bulletin No. 97-1 (Wireless Communications) Buy Form

Exhibit 16F

- The Boston Zoning Code: Table of Contents Buy Form

Exhibit 16G

- Downtown Planning: The Downtown IPOD (Article 27D—Superseded and Expired) Buy Form

Exhibit 16H

- South Boston Waterfront Planning (Principles from the South Boston Waterfront IPOD, Article 27P) Buy Form

Exhibit 16I

- Article 80 Development Review: Flowcharts Buy Form

Exhibit 16J

- Boston Zoning Commission: Sample Hearing Notices and Procedural Rule Buy Form

Exhibit 16K

- Parking Freeze Map Buy Form

Exhibit 16L

- East Boston Parking Freeze Buy Form

Exhibit 16M

- Downtown Parking Freeze Buy Form

Exhibit 16N

- City of Boston/South Boston Parking Freeze Buy Form

Chapter 17 expand

Subdivision Control Law

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Lauren C. Galvin, Esq., Verrill Dana LLP
Mary Petronio, Esq., Verrill Dana LLP

Exhibit 17A

- Excerpt from Clows v. Planning Board of Middleton Buy Form

Exhibit 17B

- Pre-file Review of Proposed Subdivisions of Registered Land Buy Form

Exhibit 17C

- Excerpt from Gifford v. Planning Board of Nantucket Buy Form

Exhibit 17D

- Board of Health Transmittal Letter Buy Form

Exhibit 17E

- Covenant Buy Form

Exhibit 17F

- Memorandum of Facts and Request for Waivers and Approval of Definitive Subdivision Plan Buy Form

Chapter 18 expand

Smart Growth and Starter Homes (G.L. c. 40R, 40S, and 40Y)

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Jennifer Schultz, Esq., Nixon Peabody LLP
Jordan A. Smith, Esq., Nixon Peabody LLP

Chapter 19 expand

Expedited Permitting

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Robert H. Fitzgerald, Esq., Goodwin Procter LLP

Exhibit 19A

- Draft Warrant Language Buy Form

Exhibit 19B

- Priority Development Site Application Form Buy Form

Chapter 20 expand

Form-Based Zoning

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Kuong C. Ly, Esq., Anderson Kreiger LLP
Jennifer Schultz, Esq., Nixon Peabody LLP
Jordan A. Smith, Esq., Nixon Peabody LLP

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