Massachusetts General Laws

Mass. Gen. Laws ch. 111, § 127P (2026)

Land covered by subdivision plan; application of state environmental code

✓ current as of July 2026

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Section 127P. Whenever a person has submitted a subdivision plan, or a preliminary subdivision plan which is followed within seven months by a definitive plan, or a plan referred to in section eighty-one P of chapter forty-one, the land shown on such plan shall be governed by provisions of the state environmental code, or of the provisions of local board of health regulations which differ from said code, which are in effect at the time of first submission of said plan. Said provisions shall apply during the time such plan is being processed, including the time required to pursue or await the determination of an appeal relative to said plan. If such plan is approved, or if it is found such approval under the subdivision control law is not required, such provisions shall apply for a period of three years from the date of the endorsement of such approval or from the endorsement that approval under the subdivision control law is not required.

Notes of Decisions

Cited in 4 cases, 1988–2009 · leading case: Kitras v. Zoning Adm'r, 453 Mass. 245 (Mass. 2009).

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Kitras v. Zoning Adm'r, 453 Mass. 245 (Mass. 2009). · cites it 4× “, and G. L. c. 111, § 127P, they seek to use and enjoy their property in accordance with the local zoning bylaws and health regulations that were in effect at the time they filed preliminary subdivision plans for the land.”

Indep. Park, Inc. v. Bd. of Health, 403 Mass. 477 (Mass. 1988). · cites it 2× “Park’s complaints charged that the defendant Barnstable board of health had violated G. L. c. 111, § 127P, a so-called grandfathering statute, in recommending that Park construct connectors to the public sewers in its proposed subdivisions.”

Kitras v. Zoning Adm'r, 875 N.E.2d 503 (Mass. App. Ct. 2007). · cites it 2× “674, § 7, provides: “In case of approval of a plan by action of the planning board, after the expiration of twenty days without notice of appeal.”

Indep. Park, Inc. v. Bd. of Health, 25 Mass. App. Ct. 489 (Mass. App. Ct. 1988). · cites it 3× “Board of Health of Barnstable, ante 133 (1987) (Independence Park I), and, again, the developer claims protection under G. L. c. 111, § 127P. That statute, the developer asserts, precludes the board of health (board) from making a recommendation under G.”

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