reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 4 - District Planning Commissions; Membership; Employees; Meetings

Section 4. In each planning district so established there shall be a district planning commission consisting of one member of the planning board of each city and town voting to join such district, elected annually by said planning board and certified in writing to the district planning commission. Said member may be replaced by a two thirds vote of his planning board before the termination of his annual appointment. In the case of the planning board's failure to elect a delegate in any year the previously named delegate shall continue to serve until his successor is qualified, as long as he shall remain a member of his local planning board. There may be an alternate designee, who may or may not be a planning board member, who shall be a resident of the city or town he represents, appointed annually and certified in writing to the district planning commission by the mayor in a city, confirmed by the council, or in the case of a city with a plan E form of government, appointed annually by the city manager, or in a town by the selectmen or in towns with a manager form of government, by the town manager, who may attend meetings of the district planning commission and who shall assume the rights and duties of the planning board member in his absence. The alternate designee shall be named in writing to the district planning commission annually in order that he may perform the duties and exercise the powers authorized in this section. In a member town which has not established a planning board, the selectmen shall annually appoint a member of the district planning commission. Such district planning commission shall annually elect a chairman, a vice chairman, a treasurer, and a clerk from among its members and alternate designees, and may elect an assistant clerk, from among such members and alternate designees. The treasurer and assistant treasurer shall give the commission a bond, with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of their duties in such sums and upon such conditions as the commission may require. The said commission may employ experts and clerical and other assistants. All meetings of the commission shall be held at the call of the chairman and at such other times as the commission may determine. A quorum of the commission shall consist of at least one fourth of the duly named members or alternate designees. Lack of a quorum shall not prevent the members at an officially called meeting from coming to order, making motions, discussing or passing a motion to continue said meeting to a later time. The commission shall establish rules of procedure for its activities and shall keep a record of its meetings, transactions, resolutions, findings and determinations, all of which shall be public records.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 4a - Executive Committees; Establishment; Membership; Powers and Duties; Reports

Section 4A. Upon a two-thirds vote of all of the members of the district planning commission there may be established an executive committee, elected annually from the membership of the commission, and consisting of the chairman, vice chairman, if one is elected annually by the commission, the clerk, the assistant clerk, if one is elected annually, the treasurer and at least one but no more than seven members elected at large from the commission membership annually, so that there shall be an uneven number of members of said committee. Actions taken by said executive committee shall be in the name of and on behalf of the commission. Such actions may include one or more of the following listed functions, but only if authorized by a two-thirds vote of the commission's total membership:—employment of technical staff members, and other professional and clerical assistants; retention of consultants; the disbursement of commission funds based upon a warrant approved by a majority of the executive committee; the borrowing of funds in anticipation of receipt of revenue; applications for federal, state and local aid; the preparation of reviews and comments on proposals of a regional or intercommunity nature, including those referred to the district planning commission under the provisions of Section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, Title IV of the Inter-Governmental Cooperation Act of 1968, and Section 102 of the National Environmental Policy Act of 1969; proposed zoning changes near municipal boundaries of member cities and towns; requests for planning related advice; and the establishment of various technical advisory committees. Said executive committee shall report its actions to the full commission at least quarterly, and its authority to exercise such functions heretofore authorized shall be reconfirmed by a two-thirds vote of all of the members annually. Additional functions may be authorized for the executive committee from time to time. Such additions shall also be by a two-thirds vote of the district planning commission membership. The authority given to the executive committee to act on behalf of the commission may be terminated for any function by a majority vote of the commission members and thirty days' notice to said executive committee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 4b - Seals Authorized

Section 4B. Each planning district may have a seal consisting of a circular die bearing the words, ''Commonwealth of Massachusetts, . . . . . . . . . . Regional Planning District, (insert year)'', which seal may be used whenever deemed advisable by the district planning commission on papers and documents issued or executed by the commission or by any officer or employee designated by the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 4c - Federal Military Installations Within Districts; Commanding Officer as Ex Officio Member of Commission

Section 4C. Whenever there is located, wholly or partially, within a planning district established hereunder, a federal military installation having a resident population of at least five hundred persons according to the most recent available federal decennial census, the district planning commission may vote to offer to the commanding officer of said federal military installation the privilege of membership for himself or his designee. Upon acceptance by the commanding officer of this offer, he shall be deemed a member ex officio of the district planning commission, and shall assume the same rights and duties as other commission members, except that this ex officio membership shall not continue except by an annual affirmative vote of the majority of the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 5 - Powers and Duties; Reports

Section 5. A planning commission established hereunder shall make careful studies of the resources, problems, possibilities and needs of its district and, on the basis of such studies, shall prepare a comprehensive plan of development or a schematic study plan of such district or of such part or parts thereof as the commission may deem necessary and in such plans shall make such recommendations for the physical, social, governmental or economic improvement of the district as in their opinion will be in the best interest of the inhabitants of the district. Such plans and recommendations shall concern, among other things, the general use of the district, including land use, principal highways and expressways, bridges, airports, public utilities, public facilities, parks, recreational areas, public institutions and such other matters as in the opinion of said commission will be beneficial to the district and will promote with the greatest efficiency and economy the coordinated development of the district and the general welfare and prosperity of its people. Before the adoption of any such regional plan or a portion thereof, the district planning commission shall hold at least one public hearing thereon, notice of the time, place and subject of which shall be given. Written notice of such hearing shall be given to each planning board, board of selectmen, and city council. Notice of the time, place and subject of the hearing shall be published at least once in a newspaper having substantial circulation in the region at least ten days before such hearing. Adoption of such plan or portion thereof shall be by a majority vote of the representatives of the district planning commission. Such plan may be amended from time to time in the same manner as hereinbefore provided. A copy of the plan adopted by the commission or any amendments thereto signed by the chairman shall be filed with the town clerk of each member municipality not more than thirty days after commission action. Such plan or portion of a plan shall be a public record. Such district planning commission shall also assist the planning boards of the several cities and towns within the area of its jurisdiction in applying any district plans and recommendations so adopted to the local board's area of jurisdiction.
Such planning commission shall report annually to the city councils and town meetings of the cities and towns within its district, showing the status of its plans and recommendations. Such plans and recommendations shall be advisory only.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 5a - Agreement for Water Favorability Studies

Section 5A. Such commission may enter into an agreement with the water resources commission for the purpose of conducting water favorability studies under the direction of the water resources commission, as authorized by section nine of chapter twenty-one. The district's share of the cost of such studies shall be assessed against the constituent cities and towns in accordance with the provisions of section seven of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 5b - Economic Development Regional Commissions; Authorization to Act

Section 5B. A district planning commission may, by an affirmative vote of two thirds of the representatives of the cities and towns comprising the district, agree to act as, and to assume the duties, obligations, and responsibilities of, an economic development regional commission for as many of the cities and towns within its area of jurisdiction as it may deem proper and logical, subject to the availability of funds for such purpose; provided, however, that said cities and towns shall be eligible for designation as an economic development region, hereinafter called the region, in accordance with the provisions of the Public Works and Economic Development Act of 1965. Additional eligible cities and towns may be added to or deleted from the region by an affirmative vote of two thirds of the representatives of the cities and towns comprising the district.
The district planning commission members and alternate designees of the cities and towns comprising the region shall constitute the economic development regional commission. In addition, such technical and advisory committees as are necessary and required by the Public Works and Economic Development Act of 1965 may be appointed in accordance with the provisions of said Act for the purpose of providing advice and guidance to the region.
The economic development regional commission may prepare economic development programs which shall be public records and may be changed or supplemented from time to time by a majority vote of the representatives of the cities and towns comprising the region. Said regional commission may conduct feasibility and implementation studies for public facilities and programs and develop public and private development projects which are consistent with and which aid in implementing the objectives of said commission. Said regional commission may advertise and otherwise promote the implementation of its plans and recommendations for the economic and industrial development of the region and may sponsor conferences, institutes, seminars and training programs on behalf of the region.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 6 - Cooperation of State Agencies With Planning Commissions

Section 6. The several officers, boards, commissions, departments and divisions of the commonwealth and city and town officials may consult with any such district planning commission and shall furnish or make available to it on request all data and information within their knowledge and control pertaining to the area of jurisdiction of such commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 8 - Borrowing in Anticipation of Revenue From Member Municipalities

Section 8. The district may authorize debt by a majority vote of the commission in anticipation of revenue to an amount not in excess of that to be received during the current fiscal year from member cities and towns. Notes issued under authority of this section shall be in the name of and upon the full faith and credit of the district, and said notes shall be signed by the treasurer of the district, and the chairman of the district planning commission shall countersign and approve them in the presence of the clerk of the district who shall certify to the fact on the face thereof. Such notes shall be payable, and shall be paid not later than one year from their dates, and shall not be renewed or paid by the issue of new notes, except as provided in section seventeen of chapter forty-four.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 9 - Southeastern Regional Planning and Economic Development District; Establishment

[ Text of section effective until May 30, 2023. For text effective May 30, 2023, see below.]
Section 9. The director of economic development may establish a regional planning and economic development district consisting of all the cities and towns in the Southeastern Massachusetts Regional Planning District established under this chapter, and the towns of Plymouth, Plympton, Carver and Kingston, to be known as the Southeastern Regional Planning and Economic Development District, provided a determination is made by the United States Secretary of Commerce that said area is eligible for designation as an economic development district in accordance with the provisions of the Public Works and Economic Development Act of 1965.
Chapter 40B: Section 9. Southeastern regional planning and economic development district; establishment
[ Text of section as amended by 2023, 7, Sec. 155 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
Section 9. The secretary of economic development may establish a regional planning and economic development district consisting of all the cities and towns in the Southeastern Massachusetts Regional Planning District established under this chapter, and the towns of Plymouth, Plympton, Carver and Kingston, to be known as the Southeastern Regional Planning and Economic Development District, provided a determination is made by the United States Secretary of Commerce that said area is eligible for designation as an economic development district in accordance with the provisions of the Public Works and Economic Development Act of 1965.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 10 - Membership; Termination

[ First paragraph effective until May 30, 2023. For text effective May 30, 2023, see below.]
Section 10. Upon the designation of the regional planning and economic development district by the director of economic development, all cities and towns within the boundaries of the district shall become members of the district. The director of economic development may from time to time review the boundaries of the district so established and, if he deems it in the best interest of the district, he may with approval of a majority of the members of the regional planning and economic development commission include additional cities and towns, or he may exclude cities and towns from said district; provided, however, that prior to such increase or decrease in the membership of the district, the director of economic development shall consult with the mayor of a city, or the city manager in a city having a Plan D or Plan E form of government, or the selectmen of a town to be included or excluded from such district.
[ First paragraph as amended by 2023, 7, Sec. 156 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
Upon the designation of the regional planning and economic development district by the secretary of economic development, all cities and towns within the boundaries of the district shall become members of the district. The secretary of economic development may from time to time review the boundaries of the district so established and, if he deems it in the best interest of the district, he may with approval of a majority of the members of the regional planning and economic development commission include additional cities and towns, or he may exclude cities and towns from said district; provided, however, that prior to such increase or decrease in the membership of the district, the secretary of economic development shall consult with the mayor of a city, or the city manager in a city having a Plan D or Plan E form of government, or the selectmen of a town to be included or excluded from such district.
The city or town may, after it has been a member of a regional planning and economic development district for a period of not less than five consecutive calendar years, terminate its membership in the district by a two thirds vote of the city council or by vote of a town meeting or town in favor of terminating such membership. Said termination shall become effective at the end of the calendar year within which said termination is voted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 12 - Commission; Membership; Appointment; Term

Section 12. In the regional planning and economic development district established pursuant to section nine, there shall be a regional planning and economic development commission which shall consist of the mayor of each city, or in a city that has a Plan D or Plan E form of government the city manager, or their designees, a member appointed by the board of selectmen of each town included within said district who need not be a member of the board of selectmen, a member appointed by the planning board of each such city or town who need not be a member of the planning board. Each member shall be appointed for a term of one year commencing June first of the year appointed to May thirty-first of the succeeding year, and the appointment or reappointment of each member shall be certified annually to the commission by the appointing authority in the month of May. Notwithstanding any of the foregoing provisions, the commission may increase its membership by not more than six in order to provide representation to low-income and minority groups.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 16 - Executive Director; Employees; Tenure; Compensation

Section 16. The commission shall employ, and may remove, an executive director, who shall be qualified by education, training and experience in economic development, regional and program planning, and community relations. The executive director, on behalf of and with the approval of the commission, shall employ and appoint all other employees of the commission, including temporary or part-time personnel. The executive director and other employees of the commission shall not be subject to chapter thirty-one nor to section nine A of chapter thirty. The commission shall determine and establish the compensation and other terms, conditions and benefits of employment for all employees of the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 17 - Contracts; Expenditures and Obligations

Section 17. The commission is authorized to enter into contracts and agreements with any department, agency or subdivision of federal or state government and any individual, corporation, association or public authority to provide or to receive services, facilities, staff assistance or money payments in connection with the work of the commission, and the commission may contribute or receive services, facilities, staff assistance or money payments as consideration in such contracts or agreements. The commission shall approve all contracts which shall be signed by the chairman and treasurer.
The commission may make expenditures and incur obligations for services and other expenses, subject to the following conditions and limitations: The commission may expend such amounts in addition to its annual assessment upon the cities and towns in the district as the commission may receive under any federal or state law, or by gift, grant, contract or agreement from any source, including grants, bequests, gifts or contributions made by any individual, corporation, association, public authority or department, agency or subdivision of the federal or state government.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 19 - Data Exchange Between Agencies

Section 19. There shall be a mutual exchange between the commission and all agencies of the commonwealth and of each political subdivision thereof within the district, of data, records, and information within their knowledge and control pertaining to the district, or to parts thereof which may be required for the preparation of programs designed to achieve the purposes of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 21 - Low or Moderate Income Housing; Applications for Approval of Proposed Construction; Hearing; Appeal

Section 21. Any public agency or limited dividend or nonprofit organization proposing to build low or moderate income housing may submit to the board of appeals, established under section twelve of chapter forty A<\/centy>;;;MI;;0000000;<\/centr>, a single application to build such housing in lieu of separate applications to the applicable local boards. The board of appeals shall forthwith notify each such local board, as applicable, of the filing of such application by sending a copy thereof to such local boards for their recommendations and shall, within thirty days of the receipt of such application, hold a public hearing on the same. The board of appeals shall request the appearance at said hearing of such representatives of said local boards as are deemed necessary or helpful in making its decision upon such application and shall have the same power to issue permits or approvals as any local board or official who would otherwise act with respect to such application, including but not limited to the power to attach to said permit or approval conditions and requirements with respect to height, site plan, size or shape, or building materials as are consistent with the terms of this section. The board of appeals, in making its decision on said application, shall take into consideration the recommendations of the local boards and shall have the authority to use the testimony of consultants. The board of appeals shall adopt rules, not inconsistent with the purposes of this chapter, for the conduct of its business pursuant to this chapter and shall file a copy of said rules with the city or town clerk. The provisions of section eleven of chapter forty A<\/centy>;;;MI;;0000000;<\/centr> shall apply to all such hearings. The board of appeals shall render a decision, based upon a majority vote of said board, within forty days after the termination of the public hearing and, if favorable to the applicant, shall forthwith issue a comprehensive permit or approval. If said hearing is not convened or a decision is not rendered within the time allowed, unless the time has been extended by mutual agreement between the board and the applicant, the application shall be deemed to have been allowed and the comprehensive permit or approval shall forthwith issue. Any person aggrieved by the issuance of a comprehensive permit or approval may appeal to the court as provided in section seventeen of chapter forty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 25 - Council; Officers; Meetings; Rules of Procedure; Report; Treasurer's Bond; Powers and Duties

Section 25. The council shall elect annually by and from its members a president, vice-president, secretary and a treasurer, each of whom shall hold his office until his successor is elected and qualified. Election of said officers shall be held annually in the month of May, and the officers elected shall commence their terms on the fourth Wednesday of May.
The council shall meet three times a year at the call of the president and at such other times as the council may determine.
It shall establish rules of procedure for its activities and the activities of the executive committee and shall keep a record of its meetings, transactions, resolutions, findings and determinations, all of which shall be a public record. The council shall make an annual report to the general court.
The treasurer shall give the council a bond, with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of his duties in such sum and upon such conditions as the council may require.
The council shall maintain the fullest cooperation with cities and towns in the district and shall render them all possible assistance in their planning activities, especially when two or more of the municipalities have common problems.
The council shall have and exercise the same powers and duties of the regional planning and economic development district as set forth in section fourteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 26 - Establishment; Composition

Section 26. There is hereby established a metropolitan area planning district, in this section and sections twenty-seven to twenty-nine, inclusive, called the district, consisting of the following cities and towns:—
and any other city which by vote of its city council and any other town which by vote of a town meeting applies to the council to be included in the district and whose application is approved by a majority vote of the council; provided, that any such city or town is within an area which is being urbanized and which adjoins the metropolitan area planning district and has common or related urban planning problems.
The district shall constitute a public body politic and corporate and, if designated by the Secretary of Commerce of the United States, shall be an economic development district in accordance with the provisions of the Public Works and Economic Development Act of 1965.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 27 - Mutual Exchange of Data, Etc. Between Council and Other Governmental Agencies

Section 27. There shall be a mutual exchange, between the council and all offices, boards, commissions, departments, divisions and agencies of the commonwealth, and all offices, boards, commissions and departments of each political subdivision of the commonwealth within the district, and all public authorities operating within the district, of data, records and information within their knowledge and control pertaining to the district, or to parts thereof, which may be required for the preparation of plans made pursuant to section twenty-five; provided, however, that no such public authority shall be required to expend any funds for such purposes in contravention of its trust indentures.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 29 - Inter-Agency Agreements; Expenditures; Assessments; Gifts, Grants, etc.; Fund

Section 29. The council is authorized to enter into contracts and agreements with any department, agency or subdivision of the federal or state government and any individual, corporation, association or public authority to provide or receive services, facilities, staff assistance or money payments in connection with the work of the council, and the council may contribute or receive services, facilities, staff assistance or money payments as consideration in such contracts and agreements.
The council may expend for services and other expenses such amounts as are assessed and collected from its member cities and towns together with such amounts as the council may receive under any federal or state law or by gift, grant or contract from any source including grants, bequests, gifts, or contributions made by any individual, corporation, association, public authority, or agency or subdivision of the federal or state governments; provided, however, that any such assessment on such city or town shall not exceed any per capita amount fixed by the council, from time to time, based on the population of such city or town, exclusive of the number of inmates of institutions therein. Such assessment shall not exceed a sum equivalent to 50 cents per capita for the fiscal year 2015. Any increase over a previous year's assessment may only be made by a two-thirds vote of the representatives of cities and towns present and voting at a meeting duly called for the purpose of acting upon such an assessment. The state treasurer shall, subject to the aforesaid limitations, certify the amount to be assessed upon each city and town comprising the district, and said amount shall be paid by such city or town to the state treasurer as provided in section twenty of chapter fifty-nine. Any amounts paid by a city or town to the state treasurer, as provided in this section, shall be credited on the books of the commonwealth to a fund to be known as the Metropolitan Area Planning Council Fund. The state treasurer shall, upon receipt of any such funds and upon a warrant approved by the executive committee of the council, pay such funds over to the treasurer of said council for the operation of its activities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40b - Regional Planning › Section 30 - Technical Assistance Center; Permitting Model; Evaluations and Reporting; Regional Planning Districts to Assist Municipalities

Section 30. (a) There shall be within each regional planning district created under this chapter or by special act, a technical assistance center for the delivery of coordinated, comprehensive, and continuing technical services to and among local governments for the purpose of expediting permitting.
The board of executive directors of the Massachusetts association of regional planning agencies shall develop a state-wide permitting model that municipalities may adopt. The model processes shall expedite local permitting and zoning consistent with chapter 43D.
The board shall direct each regional planning agency to conduct an evaluation of its member cities' and towns' permitting processes and to report its findings to the board. It shall be the responsibility of each regional planning agency to work under the guidance of the board to assist in the development of a state-wide model. The board shall report to the house and senate committees on ways and means not later than November 1, 2007, on recommendations necessary to implement the state-wide model proposed to effectuate such expedited permitting.
The regional planning districts shall, at the request of a member city or town, provide the city or town services and assistance to:—
(1) reduce unnecessary delays and create certainty and predictability as well as promote an efficient and timely appeals process;
(2) create a positive regulatory culture with a bias toward making decisions;
(3) conduct on-going staff training to address applicant questions;
(4) select sites for expedited permitting, while identifying potential issues, concerns, or problem areas;
(5) prepare applications for approval of the sites;
(6) establish clear criteria for determining the completeness of permit applications;
(7) update or eliminate conflicting, cumbersome, and redundant permit processes and procedures;
(8) examine and redraft zoning by-laws to aid in the balanced development of the community; and
(9) develop plans and incentives for residential and commercial development, while taking steps to mitigate the environmental and transportation impacts of new growth.
(b) A city or town shall not be required to receive technical assistance from a regional planning agency in order to participate in the expedited permitting process, pursuant to chapter 43D.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 2 - Purpose

Section 2. The purpose of this chapter is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the commonwealth and its cities and towns or their architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 5 - Definitions

Section 5. As used in this chapter the word ''altered'' includes the words ''rebuilt'', ''reconstructed'', ''restored'', ''removed'' and ''demolished'' and the phrase ''changed in exterior color''; the word ''building'' means a combination of materials forming a shelter for persons, animals or property; the word ''commission'' means the commission acting as the historic district commission; the word ''constructed'' includes the words ''built'', ''erected'', ''installed'', ''enlarged'', and ''moved''; the words ''exterior architectural feature'' means such portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof, the kind, color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures; the words ''person aggrieved'' mean the applicant, an owner of adjoining property, an owner of property within the same historic district as property within one hundred feet of said property lines and any charitable corporation in which one of its purposes is the preservation of historic structures or districts; and the word ''structure'' means a combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 6 - Certificates of Appropriateness, Non-Applicability or Hardship; Necessity; Applications and Plans, etc.; Building and Demolition Permits Restricted

Section 6. Except as the ordinance or by-law may otherwise provide in accordance with section eight or said section eight or nine, no building or structure within an historic district shall be constructed or altered in any way that affects exterior architectural features unless the commission shall first have issued a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship with respect to such construction or alteration.
Any person who desires to obtain a certificate from the commission shall file with the commission an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, in such form as the commission may reasonably determine, together with such plans, elevations, specifications, material and other information, including in the case of demolition or removal a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the commission to enable it to make a determination on the application.
No building permit for construction of a building or structure or for alteration of an exterior architectural feature within an historic district and no demolition permit for demolition or removal of a building or structure within an historic district shall be issued by a city or town or any department thereof until the certificate required by this section has been issued by the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 7 - Factors to Be Considered by Commission

Section 7. In passing upon matters before it the commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by applicable ordinance or by-law. When ruling on applications for certificates of appropriateness for solar energy systems, as defined in section one A of chapter forty A, the commission shall also consider the policy of the commonwealth to encourage the use of solar energy systems and to protect solar access. The commission shall not consider interior arrangements or architectural features not subject to public view.
The commission shall not make any recommendation or requirement except for the purpose of preventing developments incongruous to the historic aspects or the architectural characteristics of the surroundings and of the historic district.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 9 - Maintenance, Repair or Replacement.

Section 9. Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within an historic district which does not involve a change in design, material, color or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the effective date of the applicable historic district ordinance or by-law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 12 - Review Procedure Provided by Local Ordinance or By-Law

Section 12. A city or town may provide in its ordinance or by-law or in any amendment thereof, for a review procedure whereby any person aggrieved by a determination of the commission may, within twenty days after the filing of the notice of such determination with the city or town clerk, file a written request with the commission for a review by a person or persons of competence and experience in such matters, designated by the regional planning agency of which the city or town is a member. If the city or town is not a member of a regional planning agency, the department of community affairs shall select the appropriate regional planning agency.
The finding of the person or persons making such review shall be filed with the city or town clerk within forty-five days after the request, and shall be binding on the applicant and the commission, unless a further appeal is sought in the superior court as provided in section twelve A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 12a - Appeal to Superior Court

Section 12A. Any person aggrieved by a determination of the commission, or by the finding of a person or persons making a review, if the provisions of section twelve are included in a local ordinance or by-law, may, within twenty days after the filing of the notice of such determination or such finding with the city or town clerk, appeal to the superior court sitting in equity for the county in which the city or town is situated. The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the decision of the commission to be unsupported by the evidence or to exceed the authority of the commission, or may remand the case for further action by the commission or make such other decree as justice and equity may require. The remedy provided by this section shall be exclusive but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the commission unless it shall appear to the court that such party acted in bad faith or with malice in making the appeal to the court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 13 - Jurisdiction of Superior Court; Penalty

Section 13. The superior court sitting in equity for the county in which the city or town is situated shall have jurisdiction to enforce the provisions of this chapter and any ordinance or by-law enacted hereunder and the determinations, rulings and regulations issued pursuant thereto and may, upon the petition of the mayor or of the board of selectmen or of the commission, restrain by injunction violations thereof; and, without limitation, such court may order the removal of any building, structure or exterior architectural feature constructed in violation thereof, or the substantial restoration of any building, structure or exterior architectural feature altered or demolished in violation thereof, and may issue such other orders for relief as may be equitable.
Whoever violates any of the provisions of this chapter shall be punished by a fine of not less than ten dollars nor more than five hundred dollars. Each day during any portion of which a violation continues to exist shall constitute a separate offense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 14 - Powers and Duties of Commissions Established as Historical Commissions

Section 14. If the city council or town meeting so votes a commission established hereunder shall have the powers and duties of an historical commission as provided in section eight D of chapter forty and, in this event, a commission may be entitled an historical commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 15 - Filing of Ordinances, Maps, Reports, Etc.

Section 15. All ordinance or by-laws creating an historic district adopted by a city or town under authority of this chapter and under authority of any special law, unless the special law shall otherwise provide, amendments thereto, maps of historic districts created thereunder, and annual reports and other publications of commissions, and rosters of membership therein, shall be filed with the Massachusetts historical commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title VII - Cities, Towns and Districts › Chapter 40c - Historic Districts › Section 16 - Special Historic Districts; Acceptance and Effect of This Chapter

Section 16. A city or town in which there is located an historic district established under a special law may, upon recommendation of the historic district commission having jurisdiction over such district, accept the provisions of this chapter with respect to such district by a two-thirds vote of the city council in a city or by two-thirds vote of a town meeting in a town, and thereafter such historic district shall be subject to the provisions of this chapter notwithstanding the terms of any special act pursuant to which such historic district was created. The provisions of this chapter shall not impair the validity of an historic district established under any special act.