Governor Baker Issues Executive Order Concerning State Permits

Client Alert:

Yesterday, Governor Baker issued an Executive Order affecting permits issued by the Commonwealth of Massachusetts as a result of the state of emergency declared in connection with COVID-19. The Executive Order applies to any “Approval” from a “State permitting agency” encompassing a broad range of agencies and actions. The Executive Order:

• Permit Deadlines Tolled: Any approval issued by a State permitting agency that was valid as of March 10, 2020 is tolled during the state of emergency and shall not lapse or expire. Thus, the expiration date for the approval shall be extended by the period of time of the state of emergency. If the approval included conditions with deadlines, the agency may extend the deadline for compliance or waive the condition if the permit holder is not able to meet the condition due to the state of emergency. However, the deadline is not tolled if the permit holder was in violation of the terms and conditions of the approval