[Massplanners] Adoption of Zoning Bylaw - and publication:

[Douglas Finn]

Good morning -

The TL;DR:  When changing a zoning bylaw, can the 90-day appeal period
specified by Sec 32 of MGL 40 run concurrent with the AG review?

 - - -

For more specifics, if you have a cuppa, and want a bit of a read,  follow
me down this merry little primrose path...

 - - -

MGL 40A  § 5 says in part (emphasis added):

"The *effective date of the adoption or amendment of any zoning ordinance* or
> by-law shall be *the date on which such adoption or amendment was voted
> upon* by a city council or town meeting; if in towns, *publication in a
> town bulletin or pamphlet and posting is subsequently made or publication
> in a newspaper pursuant to section thirty-two of chapter forty.*"


MGL 40 § 32 says (emphasis added)

"...before a by-law takes effect *it shall be approved by the attorney
> general*... Before a by-law or an amendment thereto takes effect it shall
> also be published in a town bulletin or pamphlet... or instead of such
> publishing in a town bulletin or pamphlet and such posting, *copies
> thereof may be published at least twice at least one week apart in a
> newspaper of general circulation in the town*..."
>

It further says (emphasis added)

"The publication of a zoning by-law shall include a statement that *claims
> of invalidity by reason of any defect in the procedure of adoption or
> amendment may only be made within ninety days of... the second publication* and
> a statement indicating where copies of such by-law may be examined and
> obtained."


So, I presume that this timeline is valid:

Day 0 - TOWN MEETING adopts zoning bylaw change
Day 1 - TOWN CLERK sends all forms to AG
Day 60 - AG Approves zoning bylaw change
Day 61 - First publication in local paper
Day 68 - Second publication in local paper.
Day 158 - End of 90-day appeal period.

EFFECTIVE DATE of BYLAW is Day 68.

 - or -

Day 0 - TOWN MEETING adopts zoning bylaw change
Day 1 - TOWN CLERK sends all forms to AG
Day 2 - First publication in local paper
Day 9 - Second publication in local paper
Day 60 - AG Approves zoning bylaw change
Day 99 - End of 90-day appeal period.

EFFECTIVE DATE of Bylaw is Day 9.

In other words, can the local publication and the 90-day appeal period run
concurrent with the AG review?

- Doug.

Douglas Finn, Administrative Assistant
Edgartown Planning Board
70 Main Street, PO Box 5130
Edgartown, MA 02539
508-627-6170
dfinn at edgartown-ma.us
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