Massachusetts General Laws

Mass. Gen. Laws ch. 40A, § 13 (2026)

Zoning administrators; appointment; powers and duties

✓ current as of July 2026

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Section 13. A zoning ordinance or by-law may authorize the appointment of a zoning administrator, who, unless otherwise provided by charter, shall be appointed by the board of appeals, subject to confirmation by the city council or board of selectmen, to serve at the pleasure of the board of appeals pursuant to such qualifications as may be established by the city council or board of selectmen. The board of appeals may delegate to said zoning administrator some of its powers and duties by a concurring vote of all members of the board of appeals consisting of three members, and a concurring vote of all except one member of a board consisting of five members. Any person aggrieved by a decision or order of the zoning administrator, whether or not previously a party to the proceeding, or any municipal office or board, may appeal to the board of appeals, as provided in section fourteen, within thirty days after the decision of the zoning administrator has been filed in the office of the city or town clerk. Any appeal, application or petition filed with said zoning administrator as to which no decision has issued within thirty-five days from the date of filing shall be deemed denied and shall be subject to appeal to the board of appeals as provided in section eight.

Notes of Decisions

Cited in 35 cases, 1960–2019 · leading case: Ouellette v. Bldg. Inspector, 285 N.E.2d 423 (Mass. 1972).

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Ouellette v. Bldg. Inspector, 285 N.E.2d 423 (Mass. 1972). · cites it 5× “The petitioner duly filed an appeal pursuant to G. L. c. 40A, § 13, with the board of appeals which stated in a decision dated May 22, 1968, that “it .”

Lanner v. Bd. of Appeal of Tewksbury, 202 N.E.2d 777 (Mass. 1964). · cites it 2× “The plaintiff Lanner, the owner of land with dwelling nearest to the locus, appeals from a decree of the Superior Court that the board, to which the plaintiff appealed under G. L. c. 40A, § 13, did not exceed its authority and that no modification of its decision was required.”

Green v. Bd. of Appeals of Provincetown, 529 N.E.2d 159 (Mass. App. Ct. 1988). · cites it 2× “" The predecessor statutes, G.L.c. 40A, § 13 ("An appeal to the board of appeals .”

Bearce v. Zoning Bd. of Appeals of Brockton, 219 N.E.2d 15 (Mass. 1966). · cites it 3× “An appeal from the issuance of the building permit was taken to the zoning board of appeals under G. L. c. 40A, § 13, by neighbors on whose behalf at a hearing before the board on September 8, 1964, it was claimed that the two *318 amendments were invalid as spot zoning.”

Vokes v. Avery W. Lovell, Inc., 468 N.E.2d 271 (Mass. App. Ct. 1984). “207, the Legislature deleted the authorization of local zoning by-laws to prescribe a “reasonable time” for appeals to be taken under the prior G. L. c. 40A, § 13, and inserted a thirty-day time limit for § 13 appeals in § 16 of the prior Act.”

Neuhaus v. Bldg. Inspector of Marlborough, 415 N.E.2d 235 (Mass. App. Ct. 1981). “” See G. L. c. 40A, § 13. 9 The Marlborough zoning ordinance contains a cognate provision adopted by the city council on June 26, 1978.”

Tisei v. Bldg. Inspector of Marlborough, 363 N.E.2d 262 (Mass. App. Ct. 1977). “” The plaintiff appealed from that decision to the Marlborough board of appeals (see G. L. c. 40A, § 13, as in effect prior to St.”

Butts v. Zoning Bd. of Appeals, 464 N.E.2d 108 (Mass. App. Ct. 1984). “40A, § 8, or G. L. c. 40A, § 13, both inserted by St. 1975, c.”

Cullen v. Bldg. Inspector of North Attleborough, 234 N.E.2d 727 (Mass. 1968). “To this end it asserts that all the petitioners seek are a review and determination of the validity of the decisions of the building inspector in granting the three permits which are challenged.”

Brady v. Bd. of Appeals of Westport, 204 N.E.2d 513 (Mass. 1965). “The judge in the Superior Court ruled that the building inspector had made a decision that was subject to appeal under G. L. c. 40A, § 13, and, in effect, that the board had erroneously affirmed it.”

Huntington v. Zoning Bd. of Appeals, 428 N.E.2d 826 (Mass. App. Ct. 1981). “Although the former § 19 contained a reference to the board’s power to “modify any order or decision,” this court has expressed the opinion that such language was “intended to apply to a case in which a board of appeals acts as an appellate tribunal in an appeal taken under…”

Green v. Bd. of Appeal of Norwood, 263 N.E.2d 423 (Mass. 1970). “7 It is to be noted also that review under G. L. c. 40A, § 13, of action by the building inspector (see Bearce v.”

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