760 CMR 76.12
Revocation of Designation
EOHLC may revoke a Seasonal Community designation under any of the following
circumstances:
(a) The Seasonal Community fails to adopt zoning pursuant to 760 CMR 76.04(1) within
24 months from the effective date of 760 CMR 76.00 or 24 months from the local acceptance
of the designation pursuant to 760 CMR 76.03, whichever is later;
(b) The Seasonal Community does not meaningfully permit new residential units under
zoning established pursuant to 760 CMR 76.04(1). For the purposes of 760 CMR 76.12,
EOHLC may use the following factors to determine whether a Seasonal Community has
meaningfully permitted new residential units:
1. The number of Year-round Housing Units in the Seasonal Community;
2. The number of Year-round Housing Units permitted under zoning adopted by a
Seasonal Community pursuant to 760 CMR 76.04(1);
3.
The annual percentage increase in Year-round Housing Units in a Seasonal
Community; and
4. The annual gross number of Year-round Housing Units in a Seasonal Community.
(c) EOHLC determines that the Seasonal Community no longer satisfies the criteria for
designation pursuant to M.G.L. c. 23B, § 32(b), on which data may be reassessed from time
to time, provided, however, that EOHLC may only revoke a Seasonal Community's
designation based on that community's consistent failure to satisfy said criteria over five or
more consecutive years.