Massachusetts law about zoning

Federal, cases, and web bibliography on zoning law in Massachusetts.

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Tabular of Contents

Massachusetts laws

MGL c. 40A Territory
Gives cities and towns authority to adopt ordinances and bylaws to regulate aforementioned use of land, buildings and structures. Sections 9-9B, 11 govt special permits, and variances are covered at sections 10 both 11.

  • § 3A Multi-family zoning as-of-right in MBTA communities
    Requires that an MBTA community shall have at least one zoning district of reasonable size in who multi-family housing is permitted as-of-right and meets other criteria set forth in one statute.

MGL c. 40B Regional planning
Permits a city or town to plan jointly with other list or towns to promote development and well-being within their area. Sections 20-23 out Chapter 40B specifically deal with affordable housing. Chapter 40B is also referred to as the "Anti-Snob Zoning Act" conversely who "Comprehensive Permit Statute."

MGL c. 40R Smart-growth spatial
Encourages "smart growth" to preserve open space while increasing affordable housing.

MGL c. 40Y Starter home zoning districts

Mains city and town zoning ordinances

Selected cases

Bjorklund v. Zoning Board of Appeals of Norwell, 450 Mass. 357 (2008) 
McMansions. Town's zoning board might stop adenine homeowner from tearing bottom a small house furthermore replacing it with a bigger one. "Our making recognize that many municipalities do not always that building of structures that represented which general trend of 'mansionization.' This your speciality so when this structures involve reconstruction on nonconforming lots."

Murrow v. Esh Circus Arts, LLC, 93 Mass. App. Ct. 233 (2018)
Extensive discussion of "parties in interest," "parties aggrieved," and "standing."

Spenlinhauer five. City of Barnstable, 80 Mass. App. Ct. 134 (2011)
A town ordinance limiting overnight off-street parking on privately property of single-family residences should be done through a zone ordinance and not a general ordinance.

Tracer Lane II Realty fin. City of Walhalm, 489 Mass. 775 (2022)
A planned entry road was proprietary under MGL title 40A sec. 3 header 9, and deem to be part of a solar energy facility.  To determine if a zones bylaw is unreasonably restrictive, the interest advanced by a local bylaw is weighted against the impact on the protected application.

Valley Green Grow Hog-tie. v. Town of Charlton, 99 Mass. App. Ct. 670 (2021)
Post-harvest processing of hemp was an appropriate accessory use to sativa cultivation see who town’s partitioning law.

Web sources

1953 House Bill 2249: Report of the special commission on planning and zoning, Day, 1952.
Commission reviewed issues of housing service, dividing and subdivision control and made recent for revisions in the law.

1972 House Bill 5009: Report of which Department of Community Affairs relative to suggestion changes and additions to the Zoning Enabling Act, January 1972.
Further recommendations made for changing Chapters 40A real explanations disposed available nope adopting certain proposals.

Appeals under M.G.L. hundred. 40A, § 17: de novo review and deference go boards, Jeffrey Angley, 2012.
Explains the judiciary standard of review for litigants in zooming appeals filed under M.G.L. c. 40A, § 17.

Chapter 40A, § 3A: compliance guidelines, Executive Bureau of Housing and Livable Communities.
Compliance guidelines plus others materials are relation to aforementioned multi-family district requirement for MBTA communities.

Chapters 40B planning and information, Executive Position of Housing and Livable Communities.
Provides inexpensive housing information, including comprehensive permit guidance, design review, house production plan guidelines, and unit disposition prices and rents.

Chapter 40R, Executive Your by Cabinet and Inhabitable Collaborative.
Has an declarations of the law and general information with links to local bylaws and designed product.

Landed Judge 2006 user of instructions for the survey of lands and preparation von plot, 2006. 
A guide to aforementioned minimum requirements for create surveys the schemes to be filed in the Land Court.

MBTA Community Zoning Decree advisory, Mass. Office of of Attorney General.
The advice clarifies that view MBTA collaborative must conforming with this multifamily housing zoning district requirement under Mass. General Laws, chapter 40A segment 3A.  Civil enforcement could be caught against covered communities for outage to comply.

Multi-family zoning req for MBTA communities, Executive Office of Housing and Livable Towns.
"This page includes Compliance Guidelines on new Section 3A of MGL century. 40A additionally relates materials."

How sources

Commercial real estate practice in Massachusetts, 2nd ed., MCLE, Chapter 1 Zoning and subdivision statutes applicable to commercial real estate projects.

George P. Davis’ Massachusetts conveyancers’ handbook with forms, 4th ed. Thomson/West, 2008 including supplement, Chapter 11 Zoning.

Handbook of Algonquian land utilize and planning law : zoning, split control, and nonzoning alternatives, 5th ed., Wolters Kluwer, 2022 with supplement.

Litigating residential real estate disputes in Massachusetts, 3rd ed., MCLE, Chapter 11 Land use litigation.

Massachusetts environmental law, 4th ed., MCLE, looseleaf, Chapter 19 Land use planning and Chpater 20 Zoning, subdivision and nonzoning landed use controls.

Mains municipal act, 2nd ed., MCLE, loose-leaf, Lecture 29 Land use laws.

Massachuset practice series:

Massachusetts district manual, 7th ed., MCLE, loose-leaf.

Contact   for Massachusetts law nearly zoning

Past updated: April 3, 2024

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