The main steps in designating a DCPC are:

1. Nomination
2. Designation
3. Adoption of Regulations
4. Ongoing Administration

This is a summary of the relevant sections of Chapter 831 and of the Critical Planning District Qualifications.

Step 1 – Nomination

Nominations of DCPCs may be made by select boards, planning boards, boards of health, or conservation commissions, of any of the towns on the Island. They may also be made by petition of any 75 taxpayers on the Island, or by the Commission itself.

With 45 days of receipt of the nomination, the Commission will decide whether to consider a nominated area as a DCPC. If it accepts the nomination, then a special moratorium will take effect within the area being considered. If it does not accept the nomination, the Commission will return it to the nominator with reasons why it is not being considered. 

The moratorium extends to all town "development permits applicable within the district," which are defined by the statute as "any permit, license, authority, endorsement or permission required from a municipal agency prior to the commencement of construction, improvement or alteration made to buildings or land". Exemptions from the moratorium may be granted.

Acceptance for consideration means that the Commission has found reason to institute a temporary building moratorium, and to proceed to review the nomination. The acceptance vote is made at a regular or special meeting of the Commission, and does not require a public hearing. The vote to designate is a separate vote, taken following a public hearing.

Step 2 – Designation

The Commission will hold a public hearing and then vote on whether to designate the district. The designation vote must be taken within 60 days of the Commission’s vote to accept the nomination.

• If the area is designated, the vote will include guidelines for development within the district, and the guidelines will be incorporated in the DCPC decision.
• If the area is not designated, the district moratorium will end. The nomination may not be reconsidered until one year after the original acceptance for consideration, unless two-thirds of the Commission members vote for early reconsideration.

Step 3 – Adoption of Regulations

Four town boards – the select board, planning board, conservation commission, and board of health – are responsible for proposing regulations for the DCPC. The Commission will hold a public hearing to determine whether the proposed regulations are in conformance with the guidelines in the decision. The proposed regulations are then voted on at town meeting, where they require at least a two-thirds majority to be adopted.  

If the town does not submit proposed regulations within six months of the designation, the Commission may adopt regulations on its own. Otherwise, the town may take up to one year to adopt regulations. One year after designation, if the Commission has not adopted or approved regulations for any part of the district, then the designation for that part of the district is terminated, and no part of it may be designated again for one year.

After regulations have been adopted by the town, then the special district moratorium ends and development resumes in accordance with the town regulations. 

Step 4 – Ongoing Administration

Once the Commission has held a public hearing and voted on conformance, the town alone will administer the new regulations with no further involvement from the Commission. However, the Commission may be asked to hear proposals for amendments to the regulations from time to time.

Regulations may be amended in a like manner to the original adoption. The Commission will review any proposals by the four town boards listed in Step 3 for conformance with the guidelines in the designation. The Commission will hold a public hearing prior to its conformance vote, and the approved amendments require at least a two-thirds vote of the town meeting to be adopted.

Documents

The following documents are involved in the DCPC designation process:

• MVC Act: Chapter 831 of the Acts of 1977 as amended is the MVC's enabling legislation. Sections 3 and 7-11 set forth how DCPCs are to be nominated and designated, including procedures to be followed in the process.
• DCPC Nomination Form: Must be submitted by the officials or petitioners nominating a DCPC.
• DCPC Guidance: Information about how a district is nominated and designated.
• DCPC Criteria: Based on the criteria as stated in Chapter 831 (the Act) and first adopted in 1975.
• DCPC Flow Chart
• DCPC Exemption Form: Must be submitted by anyone requesting an exemption from a DCPC moratorium.
• DCPC Exemption Guidance: Information about the moratorium and how exemptions may be granted.

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