Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
Work is continuing on legislation that would overhaul the state’s three major laws governing local land use: the Zoning Act (Ch. 40A) and master plan and subdivision laws (Ch. 41A).
The omnibus bill would:
• Reorganize and consolidate the Zoning Act in a more user-friendly format
• Modify excessive “grandfathering” provisions so that amendments to local zoning ordinances and bylaws could not be circumvented by landlords
• Give communities the option of adopting zoning bylaws and ordinances by a simple majority, rather than the two-thirds vote that’s currently required
• Provide explicit statutory authority to require the payment of impact fees associated with development projects
• Create the presumption that a local board’s site plan decision was correct, in the event of an appeal
• Provide enhanced guidance to communities in the development of their master plans, including allowing a city or town without a master plan to adopt an existing regional plan (thus saving on the cost of plan-making)
While the MMA supports these provisions, it has raised concerns about other facets of the bill. Chief among these is a requirement that local zoning be consistent with master plans, which would significantly weaken the presumption of validity of local land-use regulations and open communities up to a host of potential legal challenges.
The MMA also does not support a proposed state statute regulating the width of residential travel lanes, a proposed lowering of the threshold for special permits from a “super majority” to a simple majority, and proposed rules regarding zoning variances.
The MMA has been participating in the Zoning Reform Working Group for several years, along with planners, zoning board members, legislative staff, housing advocates, and other key partners. The advisory body is charged with providing guidance to the legislation’s co-sponsors, Sen. James Eldridge and Rep. Stephen Kulik.
The group continued working throughout the spring, with biweekly meetings focusing on each section of the comprehensive bill.
“The Massachusetts Municipal Association has, through its Committee on Municipal and Regional Administration, been an active participant in the shaping and revisions of the Comprehensive Land Use Reform and Partnership Act,” said Lisle Baker, a Newton alderman and the MMA’s representative on the working group. “We’ve offered testimony and specific comments on draft language to honor the MMA Board of Director’s vote a number of years ago to support reform that enhances opportunity for local control without further limiting municipal authority or imposing unfunded mandates that fiscally strapped municipalities would be hard pressed to meet.”
The Joint Committee on Municipalities and Regional Government, chaired by Rep. Michael Kane and Sen. James Welch, intends to continue its work on the bill throughout the fall.