EOHLC may revoke a Seasonal Community designation under any of the following circumstances:

1. (a) The Seasonal Community fails to adopt zoning pursuant to 760 CMR 76.04(1) within 24 months from the effective date of 760 CMR 76.00 or 24 months from the local acceptance of the designation pursuant to 760 CMR 76.03, whichever is later;

2. (b) The Seasonal Community does not meaningfully permit new residential units under zoning established pursuant to 760 CMR 76.04(1). For the purposes of 760 CMR 76.12, EOHLC may use the following factors to determine whether a Seasonal Community has meaningfully permitted new residential units:

   1. 1. The number of Year-round Housing Units in the Seasonal Community;
   2. 2. The number of Year-round Housing Units permitted under zoning adopted by a Seasonal Community pursuant to 760 CMR 76.04(1);
   3. 3. The annual percentage increase in Year-round Housing Units in a Seasonal Community; and
   4. 4. The annual gross number of Year-round Housing Units in a Seasonal Community.
3. (c) EOHLC determines that the Seasonal Community no longer satisfies the criteria for designation pursuant to M.G.L. c. 23B, § 32(b), on which data may be reassessed from time to time, provided, however, that EOHLC may only revoke a Seasonal Community's designation based on that community's consistent failure to satisfy said criteria over five or more consecutive years.

REGULATORY AUTHORITY

St. 2024, c. 150, § 5; M.G.L. c. 23B, § 32(h).