If the MVC votes to consider a nominated area as a Critical District, then a special moratorium will take effect, suspending the town's authority to issue applicable development permits within the area being considered. The moratorium extends to all applicable "development permits," 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." There is an exemption procedure that applies to some situations.

The authority for the moratorium comes from Section 9 of the MVC Act, which states: "The acceptance of a nomination for consideration for designation of a district of critical planning concern shall suspend the power of a municipality to grant development permits applicable within the district ..."

The moratorium temporarily suspends development in order to make an assessment of the special needs of the area, and possibly put new regulations in place before more development is allowed. The Commission does not initiate a moratorium lightly. Nominations are made because of a perceived critical need to protect special resources that would otherwise be damaged or lost to inappropriate development. Property owners who may be affected by the moratorium are also protected by the same moratorium from inappropriate development by others, which might otherwise negatively impact their properties.

If the Commission votes not to designate the nominated area as a Critical District, then the district moratorium will end with that vote. The designation vote must be taken within 60 days of the Commission’s initial vote to accept the nomination. This abbreviated time frame is an important check on the first part of the moratorium. The Commission will act swiftly to consider the nomination and issue a designation decision. In the case of a nomination that does not result in designation, the moratorium will come to an end.

If the Commission votes to designate the area as a DCPC, the moratorium will continue throughout the planning phase to establish regulations to govern the district. The extended moratorium will give the town boards a chance to produce effective regulations for the district, without undue pressure for development that might be inappropriate. The moratorium will end after regulations have been approved by the Commission and voted on by the town – a process that may take up to one year from the designation vote.

Moratorium Exemptions

Exemptions from the moratorium may be granted if:

• The Commission has certified that the type or class of proposed construction, improvement, or alteration is essential to protect the public health, safety, and general welfare because of an existing emergency certified by the Commission; and
• A development ordinance or by-law had been in effect immediately prior to the nomination of such area and development permits would have been granted under such ordinance or by-law.

See DCPC Moratorium Guidance for more info. 

Note: This guidance is intended for general information and user-friendly assistance. For legal purposes, the content of the MVC Act (Chapter 831 of the Acts of 1977, as amended), takes precedence over this or any other general guidance.