EFSB Consolidated Permit Application Requirements: Zoning Exemptions.
Effective Feb 27, 2026Mass. Register #1568MGL c. 25A, § 21 MGL c. 40A, § 3 MGL c. 164, §§ 69G, 69H, 69P, 69T, 69U, 69VEnergy Facilities Siting Board
- (1) The Board may grant zoning exemptions pursuant to M.G.L. c. 40A, § 3; St. 1956, c. 665, § 6; and M.G.L. c. 164, §§ 69T through 69V, inclusive.
- (2) The Applicant shall include in its Application a statement as to whether it is seeking zoning exemptions for the CEIF Project pursuant to M.G.L. c. 40A, § 3; St. 1956, c. 665, § 6; M.G.L.
- c. 164, §§ 69T through 69V.
(3) If an Applicant seeks zoning exemptions for a CEIF Project, the Applicant shall file an EFSB Consolidated Permit Application containing a zoning exemption request, and the Applicant shall:
- (a) File the request for zoning exemptions as part of its Application, pursuant to the requirements of M.G.L. c. 40A, § 3, or St. 1956, c. 665, § 6.
(b) Describe each exemption from local bylaws or ordinances that the CEIF Project requires in order to be constructed. The zoning exemption description shall include, at least:
- 1. a copy of the applicable zoning bylaws or ordinances;
- 2. the type of zoning exemption requested; and
- 3. a reason the zoning exemption is necessary for the CEIF Project. Zoning exemption requirements shall be detailed by the Board in 980 CMR 13.00: EFSB Consolidated Permit Application Guidance.
- (c) If the Applicant requests a comprehensive zoning exemption, the Applicant shall describe how such relief could avoid substantial public harm by serving to prevent a delay or denial in the construction and operation of the proposed use.
- (4) The zoning exemptions request shall be automatically consolidated with the Application for a Consolidated Permit upon filing of the Application containing the zoning exemptions request. See 980 CMR 1.09(2): Consolidation.