Approvals for a new multifamily building in Massachusetts

Due Diligence & Studies

• Boundary / ALTA Survey

  Required

  Fixes the property lines and title exceptions that lenders, boards and designers work from.

• Topographic Survey

  Likely

  Gives the grades and elevations the civil and site design are drawn on.

• Existing Conditions Survey

  Likely

  Records what is on the site today so the design starts from facts.

• Utility Survey

  Likely

  Finds the utility lines on and near the site from mark outs and records.

• Geotechnical Investigation / Report

  Required

  Soil borings and lab tests that tell the engineers how to design the foundations.

• Phase I Environmental Site Assessment

  Required

  Checks the site history for contamination. Lenders usually require it before closing.

• Phase II Environmental Investigation

  Check locally

  Only if the Phase I warrants it.

• Wetlands Delineation

  Check locally

  Likely needed for a project like this. Check for wetlands, floodplain or other environmental conditions.

• Flood / Floodplain Study

  Check locally

  Likely needed for a project like this. Check for wetlands, floodplain or other environmental conditions.

• Traffic Study

  Likely

  Shows the board the traffic the project adds. Counts can depend on the season.

• Parking Study

  Check locally

  Only if the jurisdiction or program asks for it. Parking approach not provided.

• Stormwater / Drainage Study

  Likely

  Shows how the site handles rain under the state and town stormwater rules.

• Utility Capacity Study

  Check locally

  Only if the jurisdiction or program asks for it.

• Environmental Impact Study

  Check locally

  Only if the jurisdiction or program asks for it.

• Noise Study

  Check locally

  Only if the jurisdiction or program asks for it.

• Other Project-Specific Study

  Check locally

  Only if the jurisdiction or program asks for it.

Land Use & Entitlements

• Zoning Verification / Zoning Determination

  Required

  A letter from the zoning officer confirming what the zoning allows on this site.

• Site Plan Review

  Likely

  Usual for a new building.

  Agency

  Planning board or the board the town zoning names

  State rule

  Site plan review comes from the town zoning bylaw. Its steps and deadlines are the town's own.

  Source

  mass.gov

• Cape Cod Commission Regional Impact Review

  Check locally

  Depends on how the project is approved. Check locally.

  Agency

  Cape Cod Commission, in Barnstable County only

  State rule

  Only on Cape Cod. A project of 30 or more homes or over 10,000 commercial square feet goes to the commission.

  Source

  resources.capecodcommission.org

• Definitive Subdivision Plan Approval

  Check locally

  The town decides whether this applies. Ask the zoning office.

  Agency

  Planning board under the Subdivision Control Law

  State rule

  The planning board acts on a definitive plan within 90 or 135 days, or the plan is approved by default.

  Clock

  Set by law

  Source

  malegislature.gov

• Lot Consolidation

  Check locally

  Usual when a project sits on more than one lot.

• Variance (Zoning Board of Appeals)

  Check locally

  The board holds a hearing within 65 days and decides within 100 days of filing, or the variance is granted.

  Agency

  Zoning Board of Appeals

  Clock

  Set by law

  Source

  malegislature.gov

• Special Permit

  Check locally

  The authority holds a hearing within 65 days of filing and decides within 90 days after it, or the permit is granted.

  Agency

  Special Permit Granting Authority

  Clock

  Set by law

  Source

  malegislature.gov

• Public Hearing

  Likely

  Usual for a new building.

  Agency

  The board hearing the application

  State rule

  Notice runs in a newspaper two weeks in a row, the first at least 14 days before the hearing.

  Clock

  Set by law

  Source

  malegislature.gov

• Written Decision Filed with the Town Clerk

  Likely

  Usual for a new building.

  Agency

  The deciding board and the city or town clerk

  State rule

  The board files its written decision, with each vote and the reasons, with the town clerk within 14 days.

  Clock

  Set by law

  Source

  malegislature.gov

• Zoning Appeal Period (20 Days)

  Likely

  Usual for a new building.

  Agency

  City or town clerk, then the Land Court, Superior Court or other court named in the statute

  State rule

  An appeal must be filed in court within 20 days after the decision is filed with the town clerk.

  Clock

  Set by law

  Source

  mass.gov

• Decision Recorded at the Registry of Deeds

  Likely

  Usual for a new building.

  Agency

  City or town clerk and the county registry of deeds

  State rule

  A variance or special permit takes effect only when the clerk certified decision is recorded at the registry of deeds.

  Source

  malegislature.gov

• Redevelopment Approval

  Check locally

  Depends on how the project is approved. Check locally. Redevelopment designation not confirmed.

• Local Historic District Certificate

  Check locally

  Depends on how the project is approved. Check locally.

  Agency

  Local historic district commission

  State rule

  Only in a local historic district. The commission decides within 60 days of filing or a certificate issues.

  Clock

  Set by law

  Source

  malegislature.gov

• Comprehensive Permit (Chapter 40B)

  Check locally

  Depends on how the project is approved. Check locally.

  Agency

  Zoning board of appeals, after a project eligibility letter from the subsidizing agency

  State rule

  Affordable housing may ask the zoning board for one comprehensive permit. The hearing opens within 30 days of a complete application.

  Clock

  Set by law

  Source

  mass.gov

• Developer / Development Agreement

  Check locally

  Depends on how the project is approved. Check locally. Redevelopment designation not confirmed.

• Off-Site / Off-Tract Improvement Agreement

  Check locally

  Depends on how the project is approved. Check locally.

• Easement Agreement

  Check locally

  Depends on how the project is approved. Check locally.

• Access Agreement

  Check locally

  Depends on how the project is approved. Check locally.

• Other Land Use Approval

  Check locally

  Depends on how the project is approved. Check locally.

• MEPA Environmental Review

  Check locally

  Only when a state permit, funding or land is involved and a review threshold is met. The first review takes 30 days.

  Agency

  MEPA Office, Executive Office of Energy and Environmental Affairs

  Clock

  Set by law

  Source

  mass.gov

• Massachusetts Historical Commission Review

  Check locally

  Only when a state agency permits, funds or licenses the project. The commission answers within 30 days of the form.

  Agency

  Massachusetts Historical Commission

  Clock

  Set by law

  Source

  sec.state.ma.us

• Approval Not Required Plan Endorsement

  Check locally

  Only when lot lines change without a new road. The planning board endorses the plan within 21 days, with no hearing.

  Agency

  Planning board

  Clock

  Set by law

  Source

  malegislature.gov

• MBTA Communities Multifamily Zoning Check

  Check locally

  For multifamily housing near transit. In the town's MBTA Communities district it is allowed as of right, with no special permit.

  Agency

  Town zoning officer; Executive Office of Housing and Livable Communities for town compliance

  Source

  malegislature.gov

Design & Permit Documents

• Civil Design Package

  Required

  The site plan drawings submitted to the board.

• Architectural Design Package

  Required

  The building drawings, from schematic design through the board submission.

• Structural Design Package

  Required

  The structural drawings the building permit is reviewed on.

• Mechanical Design Package

  Required

  The heating, cooling and ventilation drawings for the permit.

• Electrical Design Package

  Required

  The electrical drawings for the permit and the utility load request.

• Plumbing Design Package

  Required

  The plumbing drawings for the permit.

• Fire Protection Design Package

  Required

  The sprinkler and fire protection drawings. The sprinkler design depends on the flow test.

• Fire Alarm / Life Safety Design

  Required

  The fire alarm and life safety drawings for the fire code review.

• Foundation Design

  Required

  The foundation drawings, designed from the geotechnical report.

• Support of Excavation Design

  Check locally

  Usual when the work disturbs a large part of the site.

• Landscape Design

  Likely

  The planting and landscape plan, often part of the site plan submission.

• Lighting / Photometric Design

  Check locally

  Only if the program includes it.

• Energy Code Package (Base, Stretch or Specialized Code)

  Required

  Check which energy code the town adopted. Stretch and Specialized Code towns need a HERS rating or Passive House for new homes.

  Agency

  Local building official

  Source

  mass.gov

• Elevator Design / Coordination

  Check locally

  Stories not provided. Whether elevators are needed depends on the building height.

• Low Voltage / Technology Design

  Check locally

  Only if the program includes it.

• Security / Access Control Design

  Check locally

  Only if the program includes it.

• Interior Design Package

  Check locally

  Only if the program includes it.

• Permit Drawing Set

  Required

  The signed and sealed drawing sets the building department reviews.

• Issued-for-Construction Drawing Set

  Likely

  The final drawings the trades build from, with the permit comments included.

• Coordination Drawings

  Likely

  Trade coordination drawings made after the contracts are awarded.

Environmental & Site Authorizations

• Soil / Erosion Control Approval

  Check locally

  ShovelCue has no Massachusetts record for this line yet, so check who handles it for this site.

• EPA Construction General Permit Coverage

  Check locally

  Usual when the work disturbs a large part of the site.

  Agency

  U.S. EPA Region 1

  State rule

  Massachusetts uses the federal construction permit. File the notice of intent with EPA 14 days before disturbing an acre or more.

  Clock

  Set by law

  Source

  epa.gov

• Stormwater Pollution Prevention Plan (SWPPP)

  Check locally

  Usual when the work disturbs a large part of the site.

  Agency

  Prepared by the site operator under the EPA permit

  State rule

  EPA does not approve the plan. Prepare it before you file the notice of intent and keep it at the site.

  Source

  epa.gov

• Order of Conditions (Conservation Commission)

  Check locally

  File a notice of intent with the conservation commission. It hears it within 21 days and issues its order 21 days after.

  Agency

  Town conservation commission under the state Wetlands Protection Act

  Clock

  Set by law

  Source

  malegislature.gov

• 401 Water Quality Certification

  Check locally

  Likely needed for a project like this. Check for wetlands, floodplain or other environmental conditions.

  Agency

  MassDEP

  State rule

  Only when fill or dredging in waters needs a federal permit. Small wetland losses under a final order of conditions are excluded.

  Source

  mass.gov

• Flood Hazard / Floodplain Approval

  Check locally

  Likely needed for a project like this. Check for wetlands, floodplain or other environmental conditions.

• Dewatering / Discharge Permit

  Check locally

  Only if the site or work triggers it.

• Soil Import / Export Approval

  Check locally

  Only if the site or work triggers it.

• Release Notification and Cleanup (Massachusetts Contingency Plan)

  Check locally

  Likely needed for a project like this. Check for wetlands, floodplain or other environmental conditions.

  Agency

  MassDEP Bureau of Waste Site Cleanup

  State rule

  A reportable release is reported to MassDEP. Within one year the site is cleaned up or tier classified.

  Source

  mass.gov

• Brownfield / Remediation Approval

  Check locally

  Likely needed for a project like this. Check for wetlands, floodplain or other environmental conditions.

• MassDEP Asbestos and Demolition Notifications

  Check locally

  Likely needed for a project like this. Check for wetlands, floodplain or other environmental conditions.

  Agency

  MassDEP

  State rule

  File the asbestos removal notice and the construction or demolition notice with MassDEP 10 working days before the work starts.

  Clock

  Set by law

  Source

  mass.gov

• Air / Dust Permit

  Check locally

  Only if the site or work triggers it.

• Tree Removal Approval

  Check locally

  Usual when the work disturbs a large part of the site.

• Sewer Connection or Extension Approval

  Check locally

  The local sewer authority approves a sewer connection or extension. MassDEP now permits only certain industrial discharges.

  Agency

  Local sewer authority; MassDEP only for certain industrial discharges

  Source

  mass.gov

• Permanent Solution (Site Closure)

  Check locally

  Likely needed for a project like this. Check for wetlands, floodplain or other environmental conditions.

  Agency

  MassDEP Bureau of Waste Site Cleanup

  State rule

  A cleanup ends with a Permanent Solution filed with MassDEP. Filed within 120 days of notification it carries no fee.

  Source

  mass.gov

• Other Environmental Authorization

  Check locally

  Only if the site or work triggers it.

• Chapter 91 Waterways License

  Check locally

  Only for work on or near tidelands, great ponds or regulated waterways. MassDEP will say in writing whether a license is required.

  Agency

  MassDEP Waterways Regulation Program

  Source

  mass.gov

• Rare Species Review (MESA, Priority Habitat)

  Check locally

  Only when the site is mapped as Priority or Estimated Habitat. Filing fees run from $300 to $4,000 by size of disturbance.

  Agency

  MassWildlife Natural Heritage and Endangered Species Program

  Source

  mass.gov

Utilities & Infrastructure

• Water Service Approval

  Check locally

  Likely needed for a project like this, since new buildings need new utility service.

• Water Main Extension Permit

  Check locally

  ShovelCue has no Massachusetts record for this line yet, so check who handles it for this site.

• Sewer Service Approval

  Check locally

  Likely needed for a project like this, since new buildings need new utility service.

• Electric Service Approval

  Check locally

  Ask the electric utility early. It answers a capacity request within three weeks, then you file the work request for service.

  Agency

  Eversource, National Grid, Unitil or the municipal light plant

  Source

  mass.gov

• Gas Service Approval

  Check locally

  The gas company that serves the town confirms it can serve the site and designs the new service.

  Agency

  The gas company that serves the town

  Source

  mass.gov

• Fire Flow / Water Capacity Confirmation

  Check locally

  Likely needed for a project like this, since new buildings need new utility service.

• Utility Will-Serve Confirmation

  Check locally

  Likely needed for a project like this, since new buildings need new utility service.

• Utility Authority Approval

  Check locally

  ShovelCue has no Massachusetts record for this line yet, so check who handles it for this site.

• Utility Load Approval

  Check locally

  ShovelCue has no Massachusetts record for this line yet, so check who handles it for this site.

• Utility Design Approval

  Check locally

  ShovelCue has no Massachusetts record for this line yet, so check who handles it for this site.

• Utility Relocation Approval

  Check locally

  Only with work in or access from public infrastructure.

• Utility Easement Approval

  Check locally

  Only with work in or access from public infrastructure.

• MassDOT State Highway Access Permit

  Check locally

  A MassDOT access permit for a driveway or work in the state highway layout. State rules set each review time.

  Agency

  MassDOT

  Clock

  Set by law

  Source

  mass.gov

• County / Regional Road Approval

  Check locally

  Only with work in or access from public infrastructure.

• Road Opening Permit

  Check locally

  Only with work in or access from public infrastructure.

• Off-Site Improvement Approval

  Check locally

  Only with work in or access from public infrastructure.

• Telecom / Fiber Service Approval

  Likely

  Phone, internet and fiber service to the building.

• Railroad / Transit Approval

  Check locally

  Only with work in or access from public infrastructure.

• Other Infrastructure Agency Approval

  Check locally

  Only with work in or access from public infrastructure.

Permits & Construction Authorizations

• Demolition Permit

  Check locally

  Usual when an existing structure is demolished.

• Early Work Permit

  Check locally

  Usual when an existing structure is demolished.

• Site Clearing Permit

  Check locally

  Usual when the work disturbs a large part of the site.

• Excavation Permit

  Check locally

  Usual when the work disturbs a large part of the site.

• Foundation Permit

  Check locally

  Usual when the work disturbs a large part of the site.

• Building Permit

  Required

  The building official must issue or deny the permit in writing within 30 days of filing under the state building code.

  Agency

  Building commissioner or inspector of buildings

  Clock

  Set by law

  Source

  mass.gov

• Plumbing Permit

  Required

  Only a licensed plumber can take out the permit, before work starts. The inspector acts on the application within two working days.

  Agency

  Local plumbing and gas inspector

  Source

  mass.gov

• Electrical Permit

  Required

  The electrician gives the inspector of wires the permit notice before starting or within five days after starting.

  Agency

  Local inspector of wires

  Source

  malegislature.gov

• Mechanical / HVAC Permit

  Required

  The heating and cooling permit, reviewed with the building permit.

• Fire Protection Permit

  Required

  The sprinkler permit, reviewed by the fire code official.

• Fire Alarm Permit

  Required

  The fire alarm permit, reviewed by the fire code official.

• Elevator Permit

  Check locally

  Stories not provided. Whether elevators are needed depends on the building height.

  Agency

  Massachusetts Office of Public Safety and Inspections

  State rule

  The state elevator program permits and inspects new elevators.

  Source

  mass.gov

• Retaining Wall Permit

  Check locally

  Only if the scope includes it.

• Sign Permit

  Check locally

  Only if the scope includes it.

• Pool Permit

  Check locally

  Only if the scope includes it.

• Temporary Structure Permit

  Check locally

  Only if the scope includes it.

• Temporary Power Permit

  Likely

  Lets the utility connect temporary power for construction.

• Fire Department Plan Review

  Check locally

  Only if the scope includes it.

  Agency

  Head of the local fire department

  State rule

  The building official sends the fire protection plans to the fire chief, who has 10 working days to review them.

  Clock

  Set by law

  Source

  mass.gov

• Board of Health Approval (Title 5 Septic Permit)

  Check locally

  Only if the scope includes it.

  Agency

  Local board of health

  State rule

  A site on a septic system needs a disposal system construction permit from the board of health before any system work.

  Source

  mass.gov

• Other Specialty Permit

  Check locally

  Only if the scope includes it.

• Certificate of Occupancy and Use

  Required

  Every occupiable building needs it before use.

  Agency

  Building commissioner or inspector of buildings

  State rule

  The building commissioner issues the certificate within 10 days once the final inspection finds no violations.

  Clock

  Set by law

  Source

  mass.gov

Construction Readiness

• Notice to Proceed / Authorization to Start

  Likely

  The owner and lender release to start, with the permit in hand.

• Preconstruction Meeting Complete

  Likely

  The meeting where the owner, architect and builder agree how the job will run.

• Site Logistics Plan Approved

  Likely

  Staging, haul routes and cranes, reviewed by the owner and the town.

• Site Access Established

  Likely

  The crews and deliveries can get onto the site.

• Parking / Curb Use Approval

  Likely

  Street closures or curb use, usually on urban sites.

• Temporary Power Available

  Likely

  Power on site for construction. Utility scheduling drives the date.

• Temporary Water Available

  Likely

  Water on site for construction from a hydrant meter or a temporary tap.

• Construction Entrance Installed

  Likely

  A stabilized entrance so trucks do not track soil onto the road.

• Erosion / Sediment Controls Installed

  Likely

  Silt fence and controls in place before digging, as the erosion control plan shows.

• Dig Safe Notice (811)

  Likely

  Mark the dig area in white and notify Dig Safe at least 72 business hours before digging. A ticket lasts 30 days.

  Agency

  Dig Safe System (811)

  Clock

  Set by law

  Source

  mass.gov

• Site Safety Plan Approved

  Likely

  The safety plan for this site, in place before crews start.

• Emergency Action Plan Complete

  Likely

  What crews do in an emergency on this site.

• Adjacent Property Documentation Complete

  Likely

  Photos and a condition survey of neighboring buildings before work starts.

• Adjoining Property Access Agreement

  Likely

  Agreements to work from or protect a neighbor property. Tight lots make these slow.

• Construction Fencing / Security Ready

  Likely

  Fencing and security around the site before work starts.

• Third-Party Testing Agency Engaged

  Likely

  The special inspections agency named on the permit.

• Survey Control Established

  Likely

  The surveyor sets control points so the building goes in the right place.

• Required Site Signage / Postings Complete

  Likely

  The permit placard and the labor postings on site.

• Temporary Facilities Ready

  Likely

  Trailers, toilets and other temporary facilities on site.

• Crane / Hoist Logistics Approved

  Likely

  Street use and pick plans for cranes, plus an FAA filing if the height calls for it.

• Major Utility Relocations Complete

  Likely

  Utility lines in the way are moved before the main work starts.

• Site Ready to Mobilize

  Likely

  The milestone for your target construction start.

Sources

• mass.govSite Plan Review
• resources.capecodcommission.orgCape Cod Commission Regional Impact Review
• malegislature.govDefinitive Subdivision Plan Approval
• malegislature.govVariance (Zoning Board of Appeals)
• malegislature.govSpecial Permit
• malegislature.govPublic Hearing
• mass.govZoning Appeal Period (20 Days)
• malegislature.govLocal Historic District Certificate
• mass.govComprehensive Permit (Chapter 40B)
• mass.govMEPA Environmental Review
• sec.state.ma.usMassachusetts Historical Commission Review
• malegislature.govApproval Not Required Plan Endorsement
• malegislature.govMBTA Communities Multifamily Zoning Check
• mass.govEnergy Code Package (Base, Stretch or Specialized Code)
• epa.govEPA Construction General Permit Coverage
• malegislature.govOrder of Conditions (Conservation Commission)
• mass.gov401 Water Quality Certification
• mass.govRelease Notification and Cleanup (Massachusetts Contingency Plan)
• mass.govMassDEP Asbestos and Demolition Notifications
• mass.govSewer Connection or Extension Approval
• mass.govChapter 91 Waterways License
• mass.govRare Species Review (MESA, Priority Habitat)
• mass.govElectric Service Approval
• mass.govGas Service Approval
• mass.govMassDOT State Highway Access Permit
• mass.govBuilding Permit
• mass.govPlumbing Permit
• malegislature.govElectrical Permit
• mass.govElevator Permit
• mass.govBoard of Health Approval (Title 5 Septic Permit)
• mass.govDig Safe Notice (811)

Items with no source link come from the national list and are decided by the town or the site. Ask the local office.

Other project types in Massachusetts

• New single family home
• Retail tenant fit out
• Deck or porch