Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 81V (2026)

Final approval of plan; endorsements; certificate

✓ current as of July 2026

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Section 81V. In case of approval of a plan by action of the planning board, after the expiration of twenty days without notice of appeal to the superior court or the land court, or if appeal has been taken after the entry of a final decree of the court sustaining the approval of such plan, the planning board shall cause to be made upon the plan a written endorsement of its approval. In case of the approval of a plan by reason of the failure of the planning board to act within the time prescribed, the city or town clerk shall, after the expiration of twenty days without notice of appeal to the superior court or the land court, or, if appeal has been taken, after receipt of certified records of the superior court or the land court indicating that such approval has become final, issue a certificate stating the date of the submission of the plan for approval, the fact that the planning board failed to take final action and that the approval resulting from such failure has become final. The plan bearing such endorsement or the plan and such certificate, as the case may be, shall be delivered by the planning board, or, in the case of the certificate, by the city or town clerk, to the person who submitted such plan. Except as provided in section eighty-one E, the existence of an official map in a city or town shall not affect the operation of the subdivision control law therein.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1964–2021 · 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 11× “On June 5, 2000, after the moratorium had expired, the plaintiffs sent letters (one for each real estate trust) to the town clerk requesting the issuance of certificates of constructive approval pursuant to G. L. c. 41, § 81V, 9 stating that the planning board had failed to act…”

Krafchuk v. Plan. Bd. of Ipswich, 453 Mass. 517 (Mass. 2009). · cites it 4× “41, § 81U, the constructive approval becomes final, pursuant to G. L. c. 41, § 81V, after the expiration of twenty days without notice of appeal, or if an appeal has *526 been taken, when the town clerk receives a certified record of the court indicating that the constructive…”

Kitras v. Zoning Adm'r, 875 N.E.2d 503 (Mass. App. Ct. 2007). · cites it 6× “Claiming that their subdivision plans had been constructively approved and that the town *562 clerk had improperly refused to tender certificates pursuant to G. L. c. 41, § 81V, 4 documenting the constructive approval, the plaintiffs, prior to bringing the present action,…”

Bernstein v. Plan. Bd. of Stockbridge, 926 N.E.2d 578 (Mass. App. Ct. 2010). · cites it 4× “G. L. c. 41, § 81V, as amended by St. 2002, c.”

Bd. of Selectmen of Pembroke v. R. & P. REALTY CORP., 202 N.E.2d 409 (Mass. 1964). · cites it 2× “” On December 10, 1958, the attorney for James Bindone, *123 the then owner of the land, acting under G. L. c. 41, § 81V, 2 requested of the town clerk a certificate of the constructive approval of the plan as submitted on September 15, 1958.”

Nantucket Land Coun. v. Plan. Bd., Nantucket, 361 N.E.2d 937 (Mass. App. Ct. 1977). “See G. L. c. 41, §§ 81V, 81W, 81X, 81BB, 81EE” (emphasis supplied).”

Krafchuk v. Plan. Bd. of Ipswich, 874 N.E.2d 675 (Mass. App. Ct. 2007). · cites it 2× “8 Moreover, the Fagans took no timely action to claim constructive approval by securing a certificate from the town clerk under G. L. c. 41, § 81V. Constructive approval is not self-actuating.”

Zaltman v. Town Clerk of Stoneham, 362 N.E.2d 215 (Mass. App. Ct. 1977). · cites it 2× “By this action the plaintiff seeks to compel the defendant town clerk of Stoneham to certify in accordance with G. L. c. 41, § 81V, that the plaintiff’s plan for the subdivision of certain land in Stoneham (the locus) has been constructively approved because the planning board…”

Ridgeley Mgmt. Corp. v. Plan. Bd. of Gosnold, 978 N.E.2d 799 (Mass. App. Ct. 2012). “41, § 81U, and Ridgeley to a conforming certificate pursuant to G. L. c. 41, § 81V. In the first action, the defendants answered the complaint and moved for judgment on the pleadings under Mass.”

McElderry v. Plan. Bd., 431 Mass. 722 (Mass. 2000). “In view of the fact that a board must indorse a plan that has been approved, it would be illogical to hold that less than a majority of the members of a board may approve a plan, while indorsement of the plan requires the signatures of a majority of members.”

Kay-Vee Realty Co. Inc. v. Town Clerk of Ludlow, 243 N.E.2d 813 (Mass. 1969). “The objective of this petition for a writ of mandamus is to compel the town clerk of Ludlow to certify, in accordance with G. L. c. 41, § 81V, that the petitioner’s subdivision plan has been approved.”

Stoner v. Plan. Bd. of Agawam, 266 N.E.2d 891 (Mass. 1971). “On these facts, the plaintiffs are entitled to a certificate stating that the planning board failed to take final action and that the approval resulting from such failure has become final; and the certificate should otherwise comply with the language of G. L. c. 41, § 81V,…”

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