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Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Executive Office of Housing and Livable Communities on March 13 published final regulations to implement the state’s Starter Home Zoning District program under Chapter 40Y.
The regulations lay out the standards and steps for municipalities that choose to adopt Starter Home Zoning Districts to qualify for state incentive payments. The voluntary zoning tool is designed to support the development of modest-sized homes suitable for first-time homebuyers and moderate-income households.
The regulations have been published in the Massachusetts Register and are now in effect.
Housing and Livable Communities Interim Secretary Jennifer Maddox said the final regulations lay out a step-by-step process “so communities can move from interest to adoption to production with confidence.”
Communities that choose to participate can create Starter Home Zoning Districts where qualifying homes are allowed as-of-right, and no special permit would be required for proposals that meet the rules.
Chapter 40Y includes the following core requirements:
• Allow starter homes as-of-right
• Permit a minimum density of four units per acre of developable land
• Limit homes to 1,850 square feet of heated living area
• Require at least 50% of homes to contain three or more bedrooms
• Require income restrictions for larger developments, with at least 10% of units in developments of more than 12 starter homes restricted to households earning up to 110% of area median income
• Permit starter home accessory dwelling units
Municipalities must obtain a preliminary determination of eligibility from the Executive Office of Housing and Livable Communities before local adoption, and must receive final approval following adoption.
The statute also establishes zoning incentive payments and production bonus payments.
The Executive Office of Housing and Livable Communities held a public comment period on the draft regulations last summer. After reviewing public feedback, the agency made clarifications and refinements before filing the final regulations with the secretary of state for publication.
Chapter 40Y, the Starter Home Zoning Districts Act, was enacted as part of an economic development bond bill in late 2022.