Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1572 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3248 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1572
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Andres X. Vargas and Kevin G. Honan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to promote Yes in My Back Yard.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/16/2025Kevin G. Honan17th Suffolk1/16/2025John Francis Moran9th Suffolk2/12/2025Manny Cruz7th Essex2/12/2025Marjorie C. Decker25th Middlesex2/20/2025Samantha Montaño15th Suffolk2/20/2025Christine P. Barber34th Middlesex2/20/2025Mike Connolly26th Middlesex2/20/2025Lindsay N. Sabadosa1st Hampshire3/3/2025Mary S. Keefe15th Worcester3/11/2025Vanna Howard17th Middlesex3/11/2025 1 of 12
16	16	HOUSE DOCKET, NO. 3248 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1572
18	18	By Representatives Vargas of Haverhill and Honan of Boston, a petition (accompanied by bill,
19	19	House, No. 1572) of Andres X. Vargas, Kevin G. Honan and others for legislation to increase
20	20	housing development. Housing.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to promote Yes in My Back Yard.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1a of Chapter 40A of the General Laws, as so appearing, is
30	30	2amended by inserting the following definitions:
31	31	3 “Duplex” - two dwelling units on the same parcel or lot in attached, detached, or semi-
32	32	4detached arrangements that are designed for residential occupancy by not more than two
33	33	5households living independently from each other.
34	34	6 “Triplex” - three dwelling units on the same parcel or lot in attached, detached, or semi-
35	35	7detached arrangements that are designed for residential occupancy by not more than three
36	36	8households living independently from each other.
37	37	9 “Quadplex” - four dwelling units on the same parcel or lot in attached, detached, or semi-
38	38	10detached arrangements that are designed for residential occupancy by not more than four
39	39	11households living independently from each other. 2 of 12
40	40	12 “Townhome” - dwelling units that are constructed in a row of two or more attached units
41	41	13in which each dwelling unit shares at least one common wall with an adjacent unit and that are
42	42	14accessed by separate outdoor entrances
43	43	15 Section 1a of Chapter 40A of the General Laws, as so appearing, is amended by striking
44	44	16out the definition “multi-family housing” and inserting in place thereof the following definition:
45	45	17 “Multi-family housing” - a building with 3 or more residential dwelling units or 2 or
46	46	18more buildings on the same lot with more than 1 residential dwelling unit in each building,
47	47	19inclusive of but not limited to triplexes, quadplexes, and townhomes.
48	48	20 Section 3 of Chapter 40A of the General Laws, as so appearing, is amended by inserting
49	49	21the following paragraphs:
50	50	22 No zoning ordinance or by-law in an area connected to a municipal or centrally managed
51	51	23water and sewer system shall prohibit the use of duplexes, as defined in Section 1a or multi-
52	52	24family housing, as defined in Section 1a, containing up to five dwelling units on lots zoned for
53	53	25residential use as of right, provided, that the use of land or structures for duplexes and multi-
54	54	26family housing containing up to five dwelling units may be subject to reasonable regulations,
55	55	27including, but not limited to, 310 CMR 15.000 et seq., if applicable, site plan review, regulations
56	56	28concerning dimensional setbacks and the bulk and height of structures, provided that regulations
57	57	29concerning the height of a duplex or multi-family housing does not limit height to less than 2
58	58	30stories and provided further that those regulations either individually or cumulatively do not
59	59	31render the development of land for duplexes and multi-family housing infeasible, and may be
60	60	32subject to restrictions and prohibitions on short-term rental, as defined in section 1 of chapter
61	61	3364G. 3 of 12
62	62	34 No zoning ordinance or by-law shall prohibit the use of duplexes, as defined in Section
63	63	351a or multi-family housing, as defined in Section 1a, containing up to three dwelling units on lots
64	64	36zoned for residential use as of right, provided, that the use of land or structures for duplexes and
65	65	37multi-family housing containing up to three dwelling units may be subject to reasonable
66	66	38regulations, including, but not limited to, 310 CMR 15.000 et seq., if applicable, site plan review,
67	67	39regulations concerning dimensional setbacks and the bulk and height of structures, provided that
68	68	40regulations concerning the height of a duplex or multi-family housing does not limit height to
69	69	41less than 2 stories and provided further that those regulations either individually or cumulatively
70	70	42do not render the development of land for duplexes and multi-family housing infeasible, and may
71	71	43be subject to restrictions and prohibitions on short-term rental, as defined in section 1 of chapter
72	72	4464G.
73	73	45 The Executive Office of Housing and Livable Communities may develop a model zoning
74	74	46code to assist municipalities in the implementation of this paragraph and shall issue guidelines or
75	75	47promulgate regulations to administer this paragraph.
76	76	48 The effective date of this paragraph shall be 365 days after the effective date of this act.
77	77	49 SECTION 2. Section 3 of Chapter 40A of the General Laws, as so appearing, is amended
78	78	50by inserting the following paragraphs:
79	79	51 No zoning ordinance or by-law shall impose minimum automobile parking requirements
80	80	52on new residential developments. The Executive Office of Housing and Livable Communities
81	81	53may issue guidelines or promulgate regulations to administer this paragraph.
82	82	54 The effective date of this paragraph shall be 365 days after the effective date of this act. 4 of 12
83	83	55 SECTION 3. Said section 81L of said chapter 41, as so appearing, is hereby amended by
84	84	56inserting the following definition -
85	85	57 “Missing-Middle Housing Subdivision” in accordance with section 81HH, the division of
86	86	58a lot, tract or parcel of land into 2 or more lots, tracts or parcels where, at the time when it is
87	87	59made, every lot within the lot, tract or parcel so divided has frontage on: (i) a public way or a
88	88	60way which the clerk of the city or town certifies is maintained and used as a public way; (ii) a
89	89	61way shown on a plan approved and endorsed in accordance with the subdivision control law; or
90	90	62(iii) a way in existence when the subdivision control law became effective in the city or town in
91	91	63which the land lies having, in the opinion of the planning board, sufficient width, suitable grades
92	92	64and adequate construction to provide for the needs of vehicular traffic in relation to the proposed
93	93	65use of the land abutting thereon or served thereby and for the installation of municipal services to
94	94	66serve the land and the buildings erected or to be erected thereon; provided, however, that the
95	95	67frontage shall be of at least 20 feet, but with a maximum of 50 feet; and, provided further that the
96	96	68maximum lot size for each newly created lot be not greater than 10,000 square feet; and provided
97	97	69further that the use of the lots shall be exclusively for residential purposes.
98	98	70 Based on this paragraph, the Executive Office of Housing and Livable Communities shall
99	99	71be responsible for developing objective and standardized criteria for what constitutes a Missing-
100	100	72Middle Housing Subdivision.
101	101	73 Said section 81P of said chapter 41, as so appearing, is hereby amended by inserting after
102	102	74the last paragraph the following paragraph -
103	103	75 Any person wishing to cause to be recorded a plan of land situated in a city or town in
104	104	76which the subdivision control law is in effect, who believes that his plan is a Missing-Middle 5 of 12
105	105	77Housing Subdivision, may submit his plan to the planning board of such city or town in the
106	106	78manner prescribed in section eighty-one T, and, if the board finds that the plan is such a Missing-
107	107	79Middle Housing Subdivision, it shall forthwith, without a public hearing, endorse thereon or
108	108	80cause to be endorsed thereon by a person authorized by it the words ''approved as a Missing-
109	109	81Middle Housing Subdivision'' or words of similar import with appropriate name or names signed
110	110	82thereto, and such endorsement shall be conclusive on all persons. Such endorsement shall not be
111	111	83withheld unless such plan shows a subdivision. If the board shall determine that in its opinion the
112	112	84plan requires approval under the subdivision control law, it shall within twenty-one days of such
113	113	85submittal, give written notice of its determination to the clerk of the city or town and the person
114	114	86submitting the plan, and such person may submit his plan for approval as provided by law and
115	115	87the rules and regulations of the board, or he may appeal from the determination of the board in
116	116	88the manner provided in section eighty-one BB. If the board fails to act upon a plan submitted
117	117	89under this section or fails to notify the clerk of the city or town and the person submitting the
118	118	90plan of its action within twenty-one days after its submission, it shall be deemed to have
119	119	91determined that it is a Missing-Middle Housing Subdivision, and it shall forthwith make such
120	120	92endorsement on said plan, and on its failure to do so forthwith the city or town clerk shall issue a
121	121	93certificate to the same effect. The plan bearing such endorsement or the plan and such certificate,
122	122	94as the case may be, shall be delivered by the planning board, or in case of the certificate, by the
123	123	95city or town clerk, to the person submitting such plan. The planning board of a city or town
124	124	96which has authorized any person, other than a majority of the board, to endorse on a plan the
125	125	97approval of the board or to make any other certificate under the subdivision control law, shall
126	126	98transmit a written statement to the register of deeds and the recorder of the land court, signed by
127	127	99a majority of the board, giving the name of the person so authorized. 6 of 12
128	128	100 The endorsement under this section may include a statement of the reason as to why the
129	129	101subdivision constitutes a Missing-Middle Housing Subdivision.
130	130	102 Said section 81T of said chapter 41, as so appearing, is hereby amended by inserting after
131	131	103“approval is not required” in line 2 -
132	132	104 Or a Missing-Middle Housing Subdivision
133	133	105 Said chapter 41 is hereby further amended by inserting after section 81GG the following
134	134	106section:-
135	135	107 Section 81HH (a) The purpose of a Missing-Middle Housing Subdivision, as provided for
136	136	108in this section, is to encourage and facilitate the development of missing-middle housing,
137	137	109including but not limited to duplexes, triplexes, quadplexes, and townhomes, as defined in
138	138	110Chapter 40A Section 1a by establishing a standardized and objective process through which a
139	139	111property owner can subdivide their property.
140	140	112 (b) No application for a Missing-Middle Housing Subdivision shall be: (i) subject to a
141	141	113public hearing if every lot within the lot meets the frontage requirements established in
142	142	114Section81L; (ii) subject to the requirements of section 81S; (iii) subject to a requirement that
143	143	115total travelled lanes’ widths shall be greater than 22 feet; (iv) subject to a procedural or
144	144	116substantive requirement more stringent than those specified in this chapter or contained in a city
145	145	117or town’s local rules and regulations otherwise applicable to subdivisions; and (v) approved
146	146	118ministerially based on a determination by a majority of the planning board that an application
147	147	119meets all criteria required by the rules and regulations provided in this chapter and by the
148	148	120Executive Office of Housing and Livable Communities. 7 of 12
149	149	121 (c) For a Missing-Middle Housing Subdivision on an existing way, the planning board
150	150	122shall take final action and file with the city or town clerk a certificate of such action within 60
151	151	123days. Failure to take final action and file with the city or town clerk a certificate of such action
152	152	124within 60 days shall be deemed an approval of a minor subdivision on an existing way.
153	153	125 (d) For a Missing-Middle Housing Subdivision on a new way, the planning board shall
154	154	126take final action and file with the city or town clerk a certificate of such final action within 90
155	155	127days. Failure to take final action and file such certificate within 90 days shall be deemed an
156	156	128approval of a minor subdivision on a new way.
157	157	129 The effective date of this section shall be 365 days after the effective date of this act.
158	158	130 Section 3 of Chapter 40A of the General Laws, as so appearing, is amended by inserting
159	159	131after the last paragraph:
160	160	132 No zoning ordinance or by-law shall impose minimum lot size requirements on new
161	161	133residential developments. The Executive Office of Housing and Livable Communities may issue
162	162	134guidelines or promulgate regulations to administer this paragraph.
163	163	135 SECTION 4. Section 1A of Chapter 40A of the General Laws, as so appearing, is
164	164	136amended by inserting the following definition:
165	165	137 “Bus Station” means a building located at the intersection of two or more bus lines,
166	166	138within which services are available to bus passengers; provided that a bus station does not
167	167	139include a shelter or other structure without walls and a foundation.
168	168	140 Chapter 40A, of the General Laws, as so appearing, is hereby amended by adding the
169	169	141following section: 8 of 12
170	170	142 Section 18. (a) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as
171	171	143of right and with no minimum parking requirements for dwelling units, mixed-use development
172	172	144or multifamily housing with a minimum gross density of 15 units per acre, subject to any further
173	173	145limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code
174	174	146established pursuant to section 13 of chapter 21A, and be located not more than 0.5 miles from a
175	175	147commuter rail station, subway station, ferry terminal or bus station, if applicable.
176	176	148 (b) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as of right and
177	177	149with no minimum parking requirements for dwelling units, multifamily housing with a minimum
178	178	150gross density of 15 units per acre, subject to any further limitations imposed by section 40 of
179	179	151chapter 131 and title 5 of the state environmental code established pursuant to section 13 of
180	180	152chapter 21A, and be located not more than 0.25 miles from an eligible location.
181	181	153 (c) Any development permitted pursuant to subsections (a) or (b) which includes ten or
182	182	154more residential units shall set aside a minimum of fifteen percent of the residential units to
183	183	155households earning at or below 80% of the Area Median Income or a minimum of ten percent of
184	184	156the residential units to households earning at or below 50% of the Area Median Income as
185	185	157determined by the U.S. Department of Housing and Urban Development.
186	186	158 (d) If a municipality fails to adopt new regulations or amend existing regulations to
187	187	159comply with the provisions of this section by January 1, 2027, any noncompliant existing
188	188	160regulation shall become null and void and such municipality shall approve or deny applications
189	189	161in accordance with the requirements for regulations set forth in the provisions of this section
190	190	162until such municipality adopts or amends a regulation in compliance with this section. 9 of 12
191	191	163 (e) A municipality shall not use or impose standards to discourage through unreasonable
192	192	164costs or delays the development of housing described in this section.
193	193	165 SECTION 5. The secretary of housing and livable communities, secretary of energy and
194	194	166environmental affairs, the secretary of transportation, and the executive director of the
195	195	167Massachusetts Development Finance Agency shall jointly submit a report to the joint committee
196	196	168on housing identifying greyfields sites across the commonwealth, options for redevelopment or
197	197	169reuse that may include housing, public use or facilities, mixed use development, or natural
198	198	170restoration and open space, and identify programs within the appropriate state and quasi-public
199	199	171agencies that can be used to support communities in repurposing underutilized land.
200	200	172 For the purposes of this act, the term greyfields may include, but is not limited to, land
201	201	173with development that is outdated, underutilized, failing, or vacant, including commercial,
202	202	174residential, and industrial properties. This term may also include land that is owned by the
203	203	175commonwealth, its agencies, or its political subdivisions.
204	204	176 SECTION 6. Section 34 of Chapter 7C of the General Laws, as so appearing, are hereby
205	205	177amended by inserting the following paragraph:
206	206	178 (c) Prior to disposition of publicly owned real property of the commonwealth pursuant to
207	207	179chapter 7C, the commissioner of capital asset management and maintenance in coordination with
208	208	180the secretary of the executive office of housing and economic development shall determine
209	209	181whether such real property shall be made available for low or moderate income housing pursuant
210	210	182to this chapter. In making such determination the commissioner and the secretary shall take into
211	211	183account the following factors: 10 of 12
212	212	184 (i) existing zoning that limits the siting of low or moderate income housing in the city or
213	213	185town in which the publicly owned real property is located;
214	214	186 (ii) financial or other deterrents to the production of low or moderate income housing in
215	215	187the city or town in which the real property is located; and
216	216	188 (iii) ensuring that real property for disposition under this chapter is fairly made available
217	217	189to all regions of the commonwealth, including gateway municipalities, rural areas and suburban
218	218	190areas.
219	219	191 Upon making the determination that publicly owned real property shall be made available
220	220	192for disposition under this chapter, the commissioner and the secretary shall, notwithstanding
221	221	193chapter 7C or any other law to the contrary, declare the property available for development of
222	222	194low or moderate income housing in accordance with this chapter.
223	223	195 SECTION 7. Section 13 of chapter 21A, as so appearing, is hereby amended by striking
224	224	196out the first paragraph and inserting in place thereof the following paragraph:
225	225	197 A board of health may adopt a local on-site sewage disposal systems regulation, only to
226	226	198the extent that it imposes standards or other requirements that are more stringent than or
227	227	199otherwise exceed those set forth in Title 5 of the State Environmental Code, 310 CMR 15.000,
228	228	200and only if, prior to adoption by the board of health, the Department of Environmental Protection
229	229	201shall review and approve any such proposed on-site sewage disposal systems regulation based
230	230	202upon findings that the proposed regulation has a generally recognized scientific basis, is a
231	231	203recommended best practice technique, is necessary to protect unusual local resources that
232	232	204warrant special or enhanced protection, and does not conflict with Title 5 of the State
233	233	205Environmental Code, 310 CMR 15.000. 11 of 12
234	234	206 SECTION 8. Section 17 of chapter 40A is hereby amended by striking in the first
235	235	207paragraph the words “may appeal” and replacing them with “may pursuant to G.L. c.423, § 4
236	236	208petition for certiorari”; and is further amended by striking the seventh sentence in the second
237	237	209paragraph of said section.
238	238	210 Section 3A of chapter 184 is hereby amended by striking the first sentence in the fourth
239	239	211paragraph and replacing it with:
240	240	212 Notwithstanding any other general or special law to the contrary, any action not
241	241	213commenced in the permit session, but within the jurisdiction of the permit session as provided in
242	242	214this section, either (i) shall be transferred to the permit session if the underlying project or
243	243	215development involves 25 or more dwelling units, or (ii) may be transferred to the permit session,
244	244	216in either case upon motion by any party to the chief justice of the trial court.
245	245	217 SECTION 9. Section 31 of chapter 111 is hereby amended by striking the first paragraph
246	246	218and replacing it with:
247	247	219 Boards of health may make reasonable health regulations provided that no regulation or
248	248	220amendment thereto which relates to the minimum requirements for subsurface disposal of
249	249	221sanitary sewage shall exceed the requirements of the state environmental code A summary which
250	250	222shall describe the substance of any regulation made by a board of health under this chapter shall
251	251	223be published once in a newspaper of general circulation in the city or town, and such publication
252	252	224shall be notice to all persons. Whoever, himself or by his servant or agent, or as the servant or
253	253	225agent of any other person or any firm or corporation, violates any reasonable health regulation,
254	254	226made under authority of this section, for which no penalty by way of fine or imprisonment, or
255	255	227both, is provided by law, shall be punished by a fine of not more than one thousand dollars. 12 of 12
256	256	228 SECTION 10. Section 40 of chapter 131 is hereby amended by adding the following at
257	257	229the end of said section:
258	258	230 No city or town may enforce an ordinance or bylaw that exceeds the requirements of this
259	259	231section or of regulations promulgated by the department of environmental protection pursuant to
260	260	232this section.
261	261	233 SECTION 11. Section 3 of Chapter 40A is hereby amended by adding the following
262	262	234sentence to the end of the first sentence beginning “No zoning ordinance or by-law shall prohibit,
263	263	235unreasonably restrict or require a special permit or other discretionary zoning approval for the
264	264	236use of land or structures for a single accessory dwelling unit”:
265	265	237 Provided further that no zoning ordinance or by-law may prohibit the use of Accessory
266	266	238Dwelling Units as of right on lots where the principal dwelling contains more than one dwelling
267	267	239unit
268	268	240 SECTION 12. The General Court may adopt the recommendations of the Housing
269	269	241Advisory Council established by Executive Order Number 621, issued on October 18th, 2023, to
270	270	242establish a Housing Production Plan which identifies existing limitations on the production of
271	271	243affordable and market rate housing in each region of the state and develops a comprehensive
272	272	244statewide housing plan to guide the production, rehabilitation, preservation, operation, and
273	273	245subsidization of housing.