Legal Question in Real Estate Law in Massachusetts

What authority does a town have to change a building lot zoned initially as a residential to a wetlands property and have the owners continue to pay taxes on the property?


Asked on 7/15/13, 5:44 am

1 Answer from Attorneys

The definition of wetlands property is established by state and federal law, not the municipality. Whether the land area is zoned for residential use, commercial use, mixed use, industrial, etc. is set by the local board of selectmen/city council.

Generally speaking, state law limits how close construction can occur to wetlands as well as the destruction of wetlands and offset (creation of new wetlands in exchange for wetlands impacted by construction), and towns cannot override these laws or issue building permits in violation of them.

Property taxes, however, are set by the local municipality (selectmen/city council) and based on the value of the land. If your property's value is less than it is being assessed at, you should apply for an abatement.

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Answered on 7/15/13, 7:44 am


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