MMA testifies on proposed smart growth rule changes

The MMA testified at a Department of Housing and Community Development hearing Aug. 13 on proposed changes to regulations that govern smart growth overlay zoning districts.

The existing regulations were promulgated to implement Chapter 40R, the state law regarding smart growth zoning and housing production.

The DHCD proposal would change the definition of a “highly suitable” location for the establishment of a smart growth overlay zoning district.

Under current regulations, an area designated by a municipality for high-density or mixed-use development in a planning document, such as a master plan, an area-specific plan, or a regional policy plan, is presumed to qualify as a highly suitable location for the establishment of the district.

The proposed changes would remove the presumption of suitability based upon an area’s designation in a local or regional planning document. Instead, the municipality would be required to present further evidence that an area should qualify. Local or regional plan designation would become just one piece of evidence to be considered by the DHCD.

Other required evidence that an area is highly suitable would include:
• Proximity to a rapid transit or commuter rail station or bus or ferry station terminal, or access to reasonably scheduled public transit, and strong pedestrian and vehicular access to those nodes
• Proximity to an “area of concentrated development” and strong pedestrian and vehicular access to the area
• Existing or proposed zoning that encourages compact, land-use-efficient design and mixed-use development in the location; increases the availability of affordable housing by creating a range of housing opportunities in neighborhoods; and likelihood of infill and redevelopment of previously developed areas with existing infrastructure that will help to preserve open space, farmland, natural beauty, and critical environmental areas

The MMA testified in opposition to the proposed changes “because a shift of this nature would create uncertainty for municipalities and increase barriers to participation in shared state/local smart growth goals. … We respectfully request that the Department retain the existing language that is working very well now – the current provision facilitates municipal participation and is expansive enough to accommodate and give weight to future growth and development in cities and towns.”

The MMA expressed its support for two proposed changes to the regulations that would facilitate municipal participation, including the creation of a conditional approval process based upon the future development of water/wastewater infrastructure and the expansion of the definition of underutilized land to include that which has marginal or significantly declining use. The MMA noted that these changes would take into account the realities of local development conditions and make the establishment of smart growth overlay zoning districts more feasible.

The smart growth goals outlined in Chapter 40R and associated regulations and guidelines include:
• Increasing the availability of affordable housing by creating a range of housing opportunities in neighborhoods
• Emphasizing the mixing of land uses
• Taking advantage of compact design
• Fostering distinctive and attractive communities
• Preserving open space, farmland, natural beauty and critical environmental areas
• Strengthening existing communities
• Providing a variety of transportation choices
• Making development decisions predictable, fair and cost-effective
• Encouraging community and stakeholder collaboration in development decisions