Permitting and Construction | Hingham, MA (2024)

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How to Apply for a Certificate from the Historic Districts Commission

All work on properties within an historic district, with the exception of minor landscaping, require a certificate. Even though a building permit may not be required in some cases, such as exterior painting or installing a fence, a certificate must be obtained to maintain an accurate record of the work done on an historic property.

The Historic Districts Commission issues three (3) types of certificates:

  1. Certificate of Non-Applicability - for applications to perform regular maintenance and repair; a hearing is not required;
  2. Certificate of Appropriateness - for applications that propose exterior changes visible from a public way; a hearing is required;
  3. Certificate of Hardship - for applications to perform work when extraordinary circ*mstances are a factor; a hearing is required.

The Process

The Applicant begins the process in the same manner for each type of certificate:

Applicant

  • Contacts Historic Districts Commission office for informal discussion of proposed work (This is recommended prior to preparing full plans);
  • Obtains HDC application from Historical Commissions office;
  • Completes application describing proposed work, and attaches required exhibits*.
  • Returns the required number* of completed applications to HDC office.

*Please see "Application and Requirements for a Certificate of Non-Applicability"
and "Application and Requirements for a Certificate of Appropriateness"

Historic Districts Commission

Administrator reviews application and informs applicant whether or not a public hearing is required.

  • If no hearing is required: Administrator determines within 5 days of receiving the application whether the application can be approved. If approved, the Administrator issues a Certificate of Non-applicability sending one copy to the applicant, one to the Building Commissioner and one to the Town Clerk. Owner proceeds with building permit process.
  • If a hearing is required: Administrator notifies applicant and schedules a hearing.

Hearing is posted fourteen (14) days prior to the meeting date. Abutters within a minimum of one hundred (100) feet of the property are notified via U.S. mail.

At the Hearing

Commission conducts hearing and reviews application fully. Applicant and/or applicant's representative attends, along with abutters and interested members of the public.

Commission either continues the hearing if more information is required, or votes on the application.

If at the hearing the application is approved as submitted, commission votes to issue a Certificate of Appropriateness. Certificate is issued within 45 days of the hearing/approval date. One copy is sent to the applicant, one to the Building Commissioner and one to the Town Clerk. Applicant proceeds with building permit process.

If the application is not approved as submitted, hearing is continued to another date, allowing time for applicant to:

  • modify plans in accordance with the commission's recommendations;
  • provide missing/additional information or documentation; and /or
  • schedule a site visit.

Commission reviews revisions and additional material and makes its determination at the continued hearing. If the commission votes to issue a Certificate of Appropriateness, applicant proceeds with building permit process; if further modifications or information are required, the hearing is continued.

NOTE: Revised plans and any other information to be considered at a continued hearing, must be submitted at least one week prior to the meeting.

If the application is denied, it is denied without prejudice and the applicant may submit a new application for the same project at any time in the future, providing that the new application is substantively different from the original application. 9.2013

Extending or Withdrawing an Application for a Certificate of Appropriateness

The commission must act on an application for a Certificate of Appropriateness within 60 days after receiving the application in the Historical Commissions office. If a hearing continuation date will exceed the 60 day period, the applicant may either extend the application for an additional 60 days, or withdraw the application. A new application for a Certificate of Appropriateness may be submitted at any time in the future.

Extension and Withdrawal forms are obtained in the Historical Commissions office.

Failure to Extend or Withdraw an Application

If an extension or withdrawal form has not been filed and the 60 day period for an application will expire before its next regularly scheduled meeting, the Historic Districts Commission will vote to deny the application without prejudice. The applicant may file a new application at any future time.

Certificate of Hardship

If failure to grant a certificate would produce substantial hardship, financial or otherwise, the commission may vote to issue a Certificate of Hardship. One copy is sent to the applicant, one to the Building Commissioner and one to the Town Clerk. Applicant proceeds with the permit process.

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Permitting and Construction | Hingham, MA (2024)

FAQs

What work requires a permit in Massachusetts? ›

Massachusetts Building Code requires that a permit is needed for new structures, additions, dormers, chimneys, woodstoves, decks, roofing, siding, windows, swimming pools, antennae and sheds.

What happens if you get caught remodeling without a permit in Massachusetts? ›

The State Building Code allows for a fine of up to $1000 per day. If work requiring inspections is covered, it will be required to be uncovered for inspection, and if any work is in violation of the building code or zoning ordinance, it will be required to be corrected.

Can a homeowner pull a permit in MA? ›

Yes. Section R105. 1 of 780 CMR would still apply. Even though the scope of work may seem small and simple there are provisions under the Massachusetts State Building Code that apply to this type of work.

Do I need a permit to remodel my bathroom in Massachusetts? ›

Does a kitchen or bathroom remodel require a Building Permit? Yes, a Building Permit is required if you are doing more than just changing out cabinets, countertops, shower/tub, toilet or sink then only Electrical and Plumbing permits are required.

Who needs a work permit in Massachusetts? ›

With very limited exceptions, minors under the age of 14 may not work. All minors under the age of 18 must complete an employment permit application and get their permit before starting a new job. You can download Youth employment permit application and Youth Employment Permit Process.

Can I build a deck without a permit in Massachusetts? ›

A Building Permit is required to build or install a deck. The deck must comply with zoning, wetland, and septic system setbacks. It will also be reviewed for flood plain and building code compliance.

Do you need a permit to paint your house in Massachusetts? ›

No. These activities, as well as minor repairs such as replacing a few shingles on your house, are considered "ordinary repairs" by the Massachusetts State Building Code and do not require a building permit.

Can a building inspector come on your property without permission in MA? ›

1 attorney answer

A building inspector, in non-emergent situations, is required to get an Administrative Warrant to come onto private property absent consent.

Do I need a permit to finish my basem*nt in Massachusetts? ›

A Building Permit is required to finish basem*nts into storage areas, recreation rooms and habitable spaces. The basem*nt must comply with minimum standards for building code compliance. It must also comply with Board of Health regulations.

What are the permit rules in Massachusetts? ›

LEARNER'S PERMIT

Learner's permits allow teens to drive accompanied by a licensed driver at least 21 years old with at least one year of driving experience. Teens may begin classroom driver education as young as age 15 years and 9 months, but may not begin driving until age 16.

Can a homeowner do his own electrical work in Massachusetts? ›

According to the Massachusetts Electrical Code, a homeowner may perform electrical work provided that: The work being done is residential, not commercial; and. The person performing the work is the property owner; and. The person performing the work resides at the property.

Do I need a permit to replace windows in MA? ›

Yes. Window replacement is an energy conservation matter covered in the Massachusetts State Building Code and therefore requires a building permit.

What is the penalty for building without a permit in Massachusetts? ›

R113. 4 of the 7th Edition of the Massachusetts State Building Code, 780 CMR, violation of any provision of 780 CMR shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than one year, or both for each violation.

Do you need a permit to replace a roof in Massachusetts? ›

Roofing permits are required for any work that involves the installation or repair of roofs, including shingles, tiles, metal roofing, and flat roofing.

What requires a building permit in MA? ›

The Massachusetts State Building Code states that "it shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by ...

Do you need a permit to replace windows in Massachusetts? ›

Yes. Window replacement is an energy conservation matter covered in the Massachusetts State Building Code and therefore requires a building permit.

Do you need a permit to replace an electric water heater in Massachusetts? ›

Yes. All replacement applicances require applicable permits.

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