Communities that have not submitted a compliance application with the state will have six months to comply. The post State files new guidelines for MBTA zoning act after SJC calls law ‘unenforcable’ appeared first on Boston.com.
The main conceptual idea of the text is that, despite being deemed constitutional, the MBTA zoning act is now unenforceable because the state failed to follow proper procedures when issuing guidelines.
Here's a breakdown:
* The Massachusetts Supreme Judicial Court (SJC) ruled the MBTA Communities Act constitutional but "unenforceable" due to the state's Executive Office of Housing and Liveable Communities (EOHLC) failing to follow administrative procedures when creating the act's guidelines.
* In response, the state has filed new emergency regulations to correct these procedural issues and give communities more time to comply.
* The regulations address the issue of enforcement by creating a clearer process for communities to submit compliance plans and adopt the necessary zoning changes.
The core issue is the legal gap created by the state's initial mishandling of the law, leading to the need for modified regulations and a new timeline for implementation.
The main conceptual idea of the text is that, despite being deemed constitutional, the MBTA zoning act is now unenforceable because the state failed to follow proper procedures when issuing guidelines. Here's a breakdown: * The Massachusetts Supreme Judicial Court (SJC) ruled the MBTA Communities Act constitutional but "unenforceable" due to the state's Executive Office of Housing and Liveable Communities (EOHLC) failing to follow administrative procedures when creating the act's guidelines. * In response, the state has filed new emergency regulations to correct these procedural issues and give communities more time to comply. * The regulations address the issue of enforcement by creating a clearer process for communities to submit compliance plans and adopt the necessary zoning changes. The core issue is the legal gap created by the state's initial mishandling of the law, leading to the need for modified regulations and a new timeline for implementation.
