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At an event in Medford yesterday, Gov. Maura Healey announced a plan to cut environmental regulations in order to expedite housing production in Massachusetts and reduce costs.
Amid a longstanding statewide housing shortage that has driven up home prices and rents, the administration is proposing to cut the environmental review period for qualifying housing projects from 1 year or more to just 30 days.
The recommendations are rooted in a report from the Unlocking Housing Production Commission in February indicating that lengthy environmental reviews for new housing developments can delay projects for months and years and can result in significant, unexpected added costs, which have the potential to render projects financially infeasible.
“This is a game changer for the development of more housing in Massachusetts and bringing down housing costs for everyone,” Healey said.
She added that the cutting of red tape will “supercharge the building of homes across Massachusetts.”
Energy and Environmental Affairs Secretary Rebecca Tepper said the development of the recommendations entailed “months of analysis and cross-agency collaboration.” She said the changes will incentivize dense, energy-efficient and resilient buildings, “while upholding our high environmental standards.”
Housing and Livable Communities Secretary Ed Augustus said the proposals will accelerate housing construction, which means “greater affordability for residents across the state.”
Streamlining review
Under the proposed rules, projects that meet the qualifying housing criteria would be able to move quickly through review by the Massachusetts Environmental Policy Act Office. The proposed rules would allow qualifying housing projects to complete MEPA review with just an Environmental Notification Form, rather than a more detailed Environmental Impact Report — a change that the administration said would cut the review process down to just 30 days.
Requirements for advance notice and community outreach would be maintained to ensure transparency and engagement, as recommended by the Unlocking Housing Production Commission.
An appeal of a local wetlands order would no longer trigger MEPA review for single-family homes.
Review of urban renewal plans that do not propose individual projects would also be reduced to a 30-day Environmental Notification Form filing.
The administration said the draft regulations go beyond recent changes to environmental review processes in other states by allowing developers to qualify for quicker approvals while still addressing critical climate and environmental concerns. The MEPA reforms emphasize a simpler and less restrictive self-verification process, which will enable faster approvals.
Qualifying housing criteria
Housing projects would need to meet seven criteria to qualify for the streamlined process:
• Housing-centered: At least 67% of a project must be for a residential purpose, with the remainder being used for related commercial uses.
• Density: Projects must meet certain unit-per-acre thresholds for different types of housing.
• Land-efficient: Projects may alter up to five acres of undeveloped land, or up to 10 acres with a tree preservation and replanting plan, and Priority Habitat, Prime Farmland, and carbon rich forest must be avoided.
• Flood and erosion: All new developments must be constructed outside the current floodplain and other highest-hazard areas, and redevelopment projects must build outside highest-hazard areas and follow resilient design principles.
• Energy efficiency: Projects must comply with energy efficiency standards set out in the “stretch” building energy code.
• Utility access: There must be enough water supply, wastewater capacity and energy infrastructure to support the project.
• Transit orientation: Developments must limit the extent of new traffic, with higher thresholds if located near transit.
The proposed regulations would complement other streamlining measures outlined in the governor’s proposed Mass Ready Act, which is aimed at strengthening state infrastructure and streamlining permitting.
Ecological restoration
The new regulations aim to simplify the process for certain ecological restoration projects that have important environmental benefits but do not qualify for existing streamlining, such as cranberry bog restoration and partial dam removals.
An estimated 23% of these projects filed with MEPA since 2022 would now only require an Environmental Notification Form, with more projects anticipated to take advantage of streamlining in the future.
The draft regulations were filed with the Secretary of State’s Office and are available for public comment.
The agency is inviting public feedback on the draft regulations until 5 p.m. on Oct. 31. There will be virtual information sessions and public hearings on Oct. 14 and 15.
More details are available at www.mass.gov/regulations/301-CMR-1100-mepa-regulations.