Streamlining Environmental Permitting: MassReadyAct's Proposed Impact on Massachusetts Development
On June 24, 2025, Massachusetts Governor Maura Healey introduced a bill titled, "An Act to Build Resilience for Massachusetts Communities" (MassReadyAct), proposing nearly $3 billion in bond authorizations for financing improvements for climate change adaptation, resiliency, and the preservation and improvement of environmental and recreational assets in Massachusetts.
The proposed legislation also identifies significant reforms to the permitting processes in Massachusetts, aiming to expedite development while maintaining environmental protections. Below are some key changes proposed by the MassReadyAct, with a focus on its impact on Chapter 91, the Wetlands Protection Act, and the Massachusetts Environmental Policy Act (MEPA).
Expedited Chapter 91 Licensing
One of the most notable changes under the MassReadyAct is the amendment to Chapter 91, which governs waterways licensing. The Act introduces a provision that allows priority housing and natural restoration projects to receive a Chapter 91 license within just 60 days.
This expedited process is a significant reduction from the previous timeline, which often extended much longer due to comprehensive reviews and agency backlog. Additionally, these expedited projects will not trigger a review under MEPA, streamlining the process further and reducing administrative delays.
Reforms to Wetlands Protection Act
The MassReadyAct also proposes substantial changes to the administration of the Wetlands Protection Act for certain projects. The proposed reforms eliminate duplicative administrative appeals for wetlands regulations, allowing local appeals for specific project categories (including ecological restoration, priority housing, and other categories to be defined by MassDEP) to proceed directly to the superior court.
This change is expected to reduce the time and resources spent on administrative processes. Additionally, the permitting process for natural restoration projects has also been simplified, encouraging ecological restoration efforts that enhance climate resilience.
MEPA Review Streamlining
In addition to providing a MEPA bypass for priority housing and ecological restoration projects requiring Chapter 91 licensing, these projects would also be exempt from the MEPA Environmental Impact Report (EIR) requirement. Under the MassReadyAct, these projects can complete MEPA review within 30 days, a significant reduction from the previous timeline, which could extend up to a year or more. This proposed change is designed to accelerate the development of essential housing and restoration projects, ensuring that they can proceed without unnecessary delays while still adhering to environmental standards.
Pierce Atwood will continue to monitor the progress of the MassReadyAct as it moves through the legislative process on Beacon Hill, and will provide further updates. For questions on the MassReadyAct, or for any other Massachusetts commercial development concerns, please contact alert authors Doug Troyer, Tess Edwards, or any member of our Boston Commercial Real Estate team.