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As part of a series of legislative hearings on 11 initiative petitions that may end up on the statewide election ballot in November, a hearing was held on March 16 on a proposal that would allow single-family homes on small lots by right.
The proposal (H. 5000) would allow single-family homes to be built in residentially zoned areas on lots as small as 5,000 square feet, providing they have at least 50 feet of street frontage and access to public water and sewer services.
The MMA testified that the petition would preempt local zoning regulations, particularly with regard to minimum lot sizes.
“Zoning decisions are inherently local, and have been determined by the residents of our communities,” MMA Executive Director Adam Chapdelaine told the Special Joint Committee on Initiative Petitions at the hearing. “Any attempt to preempt this local process with a one-size-fits-all policy strips local residents and officials of their role and their voice.”
As written, the petition would allow only reasonable restrictions on these single-family homes, such as setbacks and the bulk and height of the structure.
The MMA pointed out that, while the petition requires access to public water and sewer, it doesn’t address the important issue of capacity — at a time when many municipal water and sewer systems are already at or near maximum capacity. The petition also does not require the homes to be affordable or sold at below-market rates, the MMA noted.
The MMA highlighted the new Starter Home Zoning Districts program under Chapter 40Y as an example of an effective tool, as it promotes local zoning decisions with incentives.
The starter homes initiative petition calls for the Executive Office of Housing and Livable Communities to create guidelines and regulations for implementation.
The Legislature has until May 5 to act on any proposed initiative petition. If it chooses not to, proponents of the initiative must collect an additional 12,429 signatures for certification by mid-June in order to place it on the November 2026 ballot.