Committee releases new version of zoning and land-use reform bill

A new version of a comprehensive zoning and land-use reform bill (H. 1859) was reported favorably from the Legislature’s Joint Committee on Municipalities and Regional Government in March.

The bill is expected to be sent to an additional legislative committee for consideration, with the specific committee assignment still pending.

Last year, the MMA’s Policy Committee on Municipal and Regional Administration completed an extensive analysis of the lengthy bill, submitting extensive recommendations to the Legislature. The recommendations sought to strengthen and improve the bill by preserving local authority, grandfathering existing local practices, and, in the case of local options, employing an opt-in rather than an opt-out model.

A number of recommendations made by the MMA were included in the new version of the bill. For example, the original version would have changed the vote required for the issuance of a special permit from a supermajority to a simple majority, unless a municipality took action to keep the supermajority standard. The new version of the bill keeps the current supermajority threshold in place unless the municipality votes to change the threshold to a simple majority.

Additionally, the original version of the bill would have allowed a switch to a simple majority vote threshold – from a supermajority – for all zoning ordinance or bylaw changes. The new version included the MMA’s recommendation that a simple majority standard may apply at local option only if the ordinance or bylaw change has been deemed consistent with the municipality’s master plan.

Some of the MMA’s recommendations, however, were not incorporated in the new version of the bill. For example, the bill would establish a chapter of state law around consolidated permitting. The chapter was not made local option, as recommended by the MMA, and would allow an eligible project to go before a consolidated hearing of all local boards from which a permit or other approval or determination of rights relative to land use is sought.

Under language recently added to the bill, if the designated representative of a local board, or alternately a quorum of the local board, does not attend the consolidated hearing, the permit or other determination sought from that board would be deemed constructively approved. Such a constructive approval is inconsistent with the fundamental right of local government in Massachusetts to control local land-use decisions.

The new version of the bill includes some new topics as well. Added sections would change existing law around nonconforming structures. Currently, a zoning ordinance or bylaw may regulate nonconforming uses and structures if they have been abandoned or not used for at least two years. Under the bill, however, lots zoned for single or two-family residential use would be excluded from regulation.

The MMA will continue to analyze the bill and submit further recommendations for improvement to the Legislature.

• Download text of current version of zoning and land-use reform bill (H.1859) (310K PDF)