Print Print
  • Acts
  • 2003
  • Chapter 96 AN ACT RELATIVE TO THE DEVELOPMENT OF PROPERTY OWNED BY A POLITICAL SUBDIVISION FOR NONWATER DEPENDENT USES.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


Notwithstanding section 18 of chapter 91 of the General Laws or any other general or special law to the contrary, a memorandum of understanding between the department and any political subdivision concerning the development or utilization of property owned by that political subdivision for nonwater dependent uses and the licensure of any project involving any such property and published in accordance with section 62C of chapter 30 of the General Laws shall have the full force and effect of law. Any adjudicatory hearing or judicial review concerning a decision of the department to grant or deny a license under this act for any project covered by such a duly approved and published memorandum of understanding shall be limited in scope to the question of whether the project meets the criteria and conditions set forth in the memorandum of understanding.

This act shall apply only to projects and licenses covered by memoranda of understanding that exist on the effective date of this act and to adjudicatory hearings or judicial reviews concerning licenses issued for any project covered by such memoranda.

Approved October 17, 2003.