Historic Districts Act
Massachusetts · Historic Districts · §§ 40C-1 to 40C-9 · 18 sections
Overview
The act authorizes local governments to establish historic districts, setting out the prerequisites for creating a district, the process for enlarging, reducing, or amending its boundaries, and the study committees and commissions that carry the work out. Within a district, exterior architectural features may not be altered, and buildings may not be constructed or demolished, without a certificate of appropriateness, non-applicability, or hardship issued by the commission, which acts on applications after public notice and hearing and weighs a defined set of factors; building and demolition permits are withheld until the required certificate is obtained. Ordinary maintenance and repair, along with certain categories of structures or features, may be placed outside that review, and commission decisions may be appealed to the superior court, which also has jurisdiction to enforce the act and impose penalties.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Mass. Gen. Laws ch. 40C, § 1Citation
- Mass. Gen. Laws ch. 40C, § 10Additional powers, functions and duties of commission
- Mass. Gen. Laws ch. 40C, § 11Approval or disapproval of exterior architectural features by commission; meetings; applications for certificates; public hearings; notices
- Mass. Gen. Laws ch. 40C, § 12Review procedure provided by local ordinance or by-law
- Mass. Gen. Laws ch. 40C, § 12AAppeal to superior court
- Mass. Gen. Laws ch. 40C, § 13Jurisdiction of superior court; penalty
- Mass. Gen. Laws ch. 40C, § 14Powers and duties of commissions established as historical commissions
- Mass. Gen. Laws ch. 40C, § 15Filing of ordinances, maps, reports, etc
- Mass. Gen. Laws ch. 40C, § 16Special historic districts; acceptance and effect of this chapter
- Mass. Gen. Laws ch. 40C, § 17Severability
- Mass. Gen. Laws ch. 40C, § 2Purpose
- Mass. Gen. Laws ch. 40C, § 3Establishment of historic districts; pre-requisites; enlargement or reduction of boundaries; amendment of creating ordinance; filing of maps
- Mass. Gen. Laws ch. 40C, § 4Study committees; commissions; establishment; membership; terms; vacancies; compensation; officers
- Mass. Gen. Laws ch. 40C, § 5Definitions
- Mass. Gen. Laws ch. 40C, § 6Certificates of appropriateness, non-applicability or hardship; necessity; applications and plans, etc.; building and demolition permits restricted
- Mass. Gen. Laws ch. 40C, § 7Factors to be considered by commission
- Mass. Gen. Laws ch. 40C, § 8Review authority of commission over certain categories of buildings, structures or exterior architectural features limited; authorization
- Mass. Gen. Laws ch. 40C, § 9Maintenance, repair or replacement
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