Mass. Gen. Laws ch. 43D, sec. 3 — MA Code / Part I / Title VII / Chapter 43D / Section 3
Formal proposal for designation as priority development site; criteria
Status: in_force

Section 3. (a) A governing body seeking designation of a priority development site shall file a formal proposal with the permit regulatory office. If the proposal includes an intention to develop housing within the priority development site, the governing body shall provide a copy of the proposal to the secretary of housing and livable communities. The proposal shall include: (i) a detailed description of the property; (ii) a good faith commitment to comply with this chapter; (iii) a description of the uses that could be developed within the priority development site; and (iv) such other information as the secretary shall, after consultation with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation, require by regulation or guidelines. (b) The secretary shall by regulation or guidelines establish the criteria for designating priority development sites. These criteria shall include a preference for areas that include at least 1 of the following: (i) underutilized buildings or facilities; (ii) adequate utilities for the types of development anticipated to occur; (iii) convenient access to a public transit station; or (iv) areas in which electric grid capacity can satisfy new all electric building. Priority development sites shall not include areas containing highly sensitive natural resources or areas in which development would be at significant risk from rising sea levels or other flood risk caused or exacerbated by climate change.

Section 3. (a) A governing body seeking designation of a priority development site shall file a formal proposal with the permit regulatory office. If the proposal includes an intention to develop housing within the priority development site, the governing body shall provide a copy of the proposal to the secretary of housing and livable communities. The proposal shall include: (i) a detailed description of the property; (ii) a good faith commitment to comply with this chapter; (iii) a description of the uses that could be developed within the priority development site; and (iv) such other information as the secretary shall, after consultation with the secretary of energy and environmental affairs, the secretary of housing and livable communities and the secretary of transportation, require by regulation or guidelines.

(b) The secretary shall by regulation or guidelines establish the criteria for designating priority development sites. These criteria shall include a preference for areas that include at least 1 of the following: (i) underutilized buildings or facilities; (ii) adequate utilities for the types of development anticipated to occur; (iii) convenient access to a public transit station; or (iv) areas in which electric grid capacity can satisfy new all electric building. Priority development sites shall not include areas containing highly sensitive natural resources or areas in which development would be at significant risk from rising sea levels or other flood risk caused or exacerbated by climate change.