Massachusetts House Bill H1670

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Relative to streamline the judicial review of local land use decisions

Impact

If passed, HB 1670 would significantly affect how land use complaints are processed, specifically aiming to eliminate procedural delays that often hinder development projects. The legislation mandates that non-municipal plaintiffs seeking to challenge a project must post a bond covering anticipated carrying costs and attorney's fees. This requirement could deter frivolous lawsuits while ensuring that legitimate appeals can proceed without undue delay. In doing so, supporters argue the bill encourages responsible development and helps municipalities in their housing and business objectives.

Summary

House Bill 1670, introduced by Representative Joseph W. McGonagle, Jr., seeks to streamline the judicial review process related to local land use decisions in Massachusetts. The bill intends to expedite the handling of appeals against decisions made by local boards of appeals or special permit granting authorities. By revising the notice process for complaints and requiring timely actions from plaintiffs, the bill aims to reduce delays in land use permitting and litigation, thereby facilitating more efficient real estate development within municipalities.

Contention

While the bill may streamline processes and promote development, there are concerns regarding its potential impact on local governance and community involvement. Critics fear that the imposed financial burden on plaintiffs may suppress community voices in land use disputes, particularly from less affluent residents or advocacy groups. There are also apprehensions that the bill could lead to a lack of accountability for local boards if stringent judicial reviews are removed, causing decisions that may not align with community interests. Thus, the conversation surrounding HB 1670 reflects a tension between fostering development and preserving local control over land use decisions.