Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S962 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1913 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 962
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brendan P. Crighton
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 :Brendan P. CrightonThird EssexManny Cruz7th Essex2/28/2025Mike Connolly26th Middlesex2/28/2025Sal N. DiDomenicoMiddlesex and Suffolk2/28/2025Vanna Howard17th Middlesex3/8/2025 1 of 12
16	16	SENATE DOCKET, NO. 1913 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 962
18	18	By Mr. Crighton, a petition (accompanied by bill, Senate, No. 962) of Brendan P. Crighton,
19	19	Manny Cruz, Mike Connolly, Sal N. DiDomenico and others for legislation to promote Yes in
20	20	My Back Yard. Housing.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 858 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to promote Yes in My Back Yard.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1a of Chapter 40A of the General Laws, as so appearing, is
32	32	2amended by inserting the following definitions:
33	33	3 “Duplex” - two dwelling units on the same parcel or lot in attached, detached, or semi-
34	34	4detached arrangements that are designed for residential occupancy by not more than two
35	35	5households living independently from each other.
36	36	6 “Triplex” - three dwelling units on the same parcel or lot in attached, detached, or semi-
37	37	7detached arrangements that are designed for residential occupancy by not more than three
38	38	8households living independently from each other. 2 of 12
39	39	9 “Quadplex” - four dwelling units on the same parcel or lot in attached, detached, or semi-
40	40	10detached arrangements that are designed for residential occupancy by not more than four
41	41	11households living independently from each other.
42	42	12 “Townhome” - dwelling units that are constructed in a row of two or more attached units
43	43	13in which each dwelling unit shares at least one common wall with an adjacent unit and that are
44	44	14accessed by separate outdoor entrances
45	45	15 Section 1a of Chapter 40A of the General Laws, as so appearing, is amended by striking
46	46	16out the definition “multi-family housing” and inserting in place thereof the following definition:
47	47	17 “Multi-family housing” - a building with 3 or more residential dwelling units or 2 or
48	48	18more buildings on the same lot with more than 1 residential dwelling unit in each building,
49	49	19inclusive of but not limited to triplexes, quadplexes, and townhomes.
50	50	20 Section 3 of Chapter 40A of the General Laws, as so appearing, is amended by inserting
51	51	21the following paragraphs:
52	52	22 No zoning ordinance or by-law in an area connected to a municipal or centrally managed
53	53	23water and sewer system shall prohibit the use of duplexes, as defined in Section 1a or multi-
54	54	24family housing, as defined in Section 1a, containing up to five dwelling units on lots zoned for
55	55	25residential use as of right, provided, that the use of land or structures for duplexes and multi-
56	56	26family housing containing up to five dwelling units may be subject to reasonable regulations,
57	57	27including, but not limited to, 310 CMR 15.000 et seq., if applicable, site plan review, regulations
58	58	28concerning dimensional setbacks and the bulk and height of structures, provided that regulations
59	59	29concerning the height of a duplex or multi-family housing does not limit height to less than 2
60	60	30stories and provided further that those regulations either individually or cumulatively do not 3 of 12
61	61	31render the development of land for duplexes and multi-family housing infeasible, and may be
62	62	32subject to restrictions and prohibitions on short-term rental, as defined in section 1 of chapter
63	63	3364G.
64	64	34 No zoning ordinance or by-law shall prohibit the use of duplexes, as defined in Section
65	65	351a or multi-family housing, as defined in Section 1a, containing up to three dwelling units on lots
66	66	36zoned for residential use as of right, provided, that the use of land or structures for duplexes and
67	67	37multi-family housing containing up to three dwelling units may be subject to reasonable
68	68	38regulations, including, but not limited to, 310 CMR 15.000 et seq., if applicable, site plan review,
69	69	39regulations concerning dimensional setbacks and the bulk and height of structures, provided that
70	70	40regulations concerning the height of a duplex or multi-family housing does not limit height to
71	71	41less than 2 stories and provided further that those regulations either individually or cumulatively
72	72	42do not render the development of land for duplexes and multi-family housing infeasible, and may
73	73	43be subject to restrictions and prohibitions on short-term rental, as defined in section 1 of chapter
74	74	4464G.
75	75	45 The executive office of housing and livable communities may develop a model zoning
76	76	46code to assist municipalities in the implementation of this paragraph and shall issue guidelines or
77	77	47promulgate regulations to administer this paragraph.
78	78	48 The effective date of this paragraph shall be 365 days after the effective date of this act.
79	79	49 SECTION 2. Section 3 of Chapter 40A of the General Laws, as so appearing, is amended
80	80	50by inserting the following paragraphs: 4 of 12
81	81	51 No zoning ordinance or by-law shall impose minimum automobile parking requirements
82	82	52on new residential developments. The Executive Office of Housing and Livable Communities
83	83	53may issue guidelines or promulgate regulations to administer this paragraph.
84	84	54 The effective date of this paragraph shall be 365 days after the effective date of this act.
85	85	55 SECTION 3. Said section 81L of said chapter 41, as so appearing, is hereby amended by
86	86	56inserting the following definition -
87	87	57 “Missing-Middle Housing Subdivision” in accordance with section 81HH, the division of
88	88	58a lot, tract or parcel of land into 2 or more lots, tracts or parcels where, at the time when it is
89	89	59made, every lot within the lot, tract or parcel so divided has frontage on: (i) a public way or a
90	90	60way which the clerk of the city or town certifies is maintained and used as a public way; (ii) a
91	91	61way shown on a plan approved and endorsed in accordance with the subdivision control law; or
92	92	62(iii) a way in existence when the subdivision control law became effective in the city or town in
93	93	63which the land lies having, in the opinion of the planning board, sufficient width, suitable grades
94	94	64and adequate construction to provide for the needs of vehicular traffic in relation to the proposed
95	95	65use of the land abutting thereon or served thereby and for the installation of municipal services to
96	96	66serve the land and the buildings erected or to be erected thereon; provided, however, that the
97	97	67frontage shall be of at least 20 feet, but with a maximum of 50 feet; and, provided further that the
98	98	68maximum lot size for each newly created lot be not greater than 10,000 square feet; and provided
99	99	69further that the use of the lots shall be exclusively for residential purposes.
100	100	70 Based on this paragraph, the executive office of housing and livable communities shall be
101	101	71responsible for developing objective and standardized criteria for what constitutes a Missing-
102	102	72Middle Housing Subdivision. 5 of 12
103	103	73 Said section 81P of said chapter 41, as so appearing, is hereby amended by inserting after
104	104	74the last paragraph the following paragraph -
105	105	75 Any person wishing to cause to be recorded a plan of land situated in a city or town in
106	106	76which the subdivision control law is in effect, who believes that his plan is a Missing-Middle
107	107	77Housing Subdivision, may submit his plan to the planning board of such city or town in the
108	108	78manner prescribed in section eighty-one T, and, if the board finds that the plan is such a Missing-
109	109	79Middle Housing Subdivision, it shall forthwith, without a public hearing, endorse thereon or
110	110	80cause to be endorsed thereon by a person authorized by it the words ''approved as a Missing-
111	111	81Middle Housing Subdivision'' or words of similar import with appropriate name or names signed
112	112	82thereto, and such endorsement shall be conclusive on all persons. Such endorsement shall not be
113	113	83withheld unless such plan shows a subdivision. If the board shall determine that in its opinion the
114	114	84plan requires approval under the subdivision control law, it shall within twenty-one days of such
115	115	85submittal, give written notice of its determination to the clerk of the city or town and the person
116	116	86submitting the plan, and such person may submit his plan for approval as provided by law and
117	117	87the rules and regulations of the board, or he may appeal from the determination of the board in
118	118	88the manner provided in section eighty-one BB. If the board fails to act upon a plan submitted
119	119	89under this section or fails to notify the clerk of the city or town and the person submitting the
120	120	90plan of its action within twenty-one days after its submission, it shall be deemed to have
121	121	91determined that it is a Missing-Middle Housing Subdivision, and it shall forthwith make such
122	122	92endorsement on said plan, and on its failure to do so forthwith the city or town clerk shall issue a
123	123	93certificate to the same effect. The plan bearing such endorsement or the plan and such certificate,
124	124	94as the case may be, shall be delivered by the planning board, or in case of the certificate, by the
125	125	95city or town clerk, to the person submitting such plan. The planning board of a city or town 6 of 12
126	126	96which has authorized any person, other than a majority of the board, to endorse on a plan the
127	127	97approval of the board or to make any other certificate under the subdivision control law, shall
128	128	98transmit a written statement to the register of deeds and the recorder of the land court, signed by
129	129	99a majority of the board, giving the name of the person so authorized.
130	130	100 The endorsement under this section may include a statement of the reason as to why the
131	131	101subdivision constitutes a Missing-Middle Housing Subdivision.
132	132	102 Said section 81T of said chapter 41, as so appearing, is hereby amended by inserting after
133	133	103“approval is not required” in line 2 -Or a Missing-Middle Housing Subdivision
134	134	104 Said chapter 41 is hereby further amended by inserting after section 81GG the following
135	135	105section:-
136	136	106 Section 81HH (a) The purpose of a Missing-Middle Housing Subdivision, as provided for
137	137	107in this section, is to encourage and facilitate the development of missing-middle housing,
138	138	108including but not limited to duplexes, triplexes, quadplexes, and townhomes, as defined in
139	139	109Chapter 40A Section 1a by establishing a standardized and objective process through which a
140	140	110property owner can subdivide their property.
141	141	111 (b) No application for a Missing-Middle Housing Subdivision shall be: (i) subject to a
142	142	112public hearing if every lot within the lot meets the frontage requirements established in
143	143	113Section81L; (ii) subject to the requirements of section 81S; (iii) subject to a requirement that
144	144	114total travelled lanes’ widths shall be greater than 22 feet; (iv) subject to a procedural or
145	145	115substantive requirement more stringent than those specified in this chapter or contained in a city
146	146	116or town’s local rules and regulations otherwise applicable to subdivisions; and (v) approved
147	147	117ministerially based on a determination by a majority of the planning board that an application 7 of 12
148	148	118meets all criteria required by the rules and regulations provided in this chapter and by the
149	149	119executive office of housing and livable communities.
150	150	120 (c) For a Missing-Middle Housing Subdivision on an existing way, the planning board
151	151	121shall take final action and file with the city or town clerk a certificate of such action within 60
152	152	122days. Failure to take final action and file with the city or town clerk a certificate of such action
153	153	123within 60 days shall be deemed an approval of a minor subdivision on an existing way.
154	154	124 (d) For a Missing-Middle Housing Subdivision on a new way, the planning board shall
155	155	125take final action and file with the city or town clerk a certificate of such final action within 90
156	156	126days. Failure to take final action and file such certificate within 90 days shall be deemed an
157	157	127approval of a minor subdivision on a new way.
158	158	128 The effective date of this section shall be 365 days after the effective date of this act.
159	159	129 Section 3 of Chapter 40A of the General Laws, as so appearing, is amended by inserting
160	160	130after the last paragraph:
161	161	131 No zoning ordinance or by-law shall impose minimum lot size requirements on new
162	162	132residential developments. The executive office of housing and livable communities may issue
163	163	133guidelines or promulgate regulations to administer this paragraph.
164	164	134 SECTION 4. Section 1A of Chapter 40A of the General Laws, as so appearing, is
165	165	135amended by inserting the following definition:
166	166	136 “Bus Station” means a building located at the intersection of two or more bus lines,
167	167	137within which services are available to bus passengers; provided that a bus station does not
168	168	138include a shelter or other structure without walls and a foundation. 8 of 12
169	169	139 Chapter 40A, of the General Laws, as so appearing, is hereby amended by adding the
170	170	140following section:
171	171	141 Section 18. (a) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as
172	172	142of right and with no minimum parking requirements for dwelling units, mixed-use development
173	173	143or multifamily housing with a minimum gross density of 15 units per acre, subject to any further
174	174	144limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code
175	175	145established pursuant to section 13 of chapter 21A, and be located not more than 0.5 miles from a
176	176	146commuter rail station, subway station, ferry terminal or bus station, if applicable.
177	177	147 (b) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as of right and
178	178	148with no minimum parking requirements for dwelling units, multifamily housing with a minimum
179	179	149gross density of 15 units per acre, subject to any further limitations imposed by section 40 of
180	180	150chapter 131 and title 5 of the state environmental code established pursuant to section 13 of
181	181	151chapter 21A, and be located not more than 0.25 miles from an eligible location.
182	182	152 (c) Any development permitted pursuant to subsections (a) or (b) which includes ten or
183	183	153more residential units shall set aside a minimum of fifteen percent of the residential units to
184	184	154households earning at or below 80% of the Area Median Income or a minimum of ten percent of
185	185	155the residential units to households earning at or below 50% of the Area Median Income as
186	186	156determined by the U.S. Department of Housing and Urban Development.
187	187	157 (d) If a municipality fails to adopt new regulations or amend existing regulations to
188	188	158comply with the provisions of this section by January 1, 2027, any noncompliant existing
189	189	159regulation shall become null and void and such municipality shall approve or deny applications 9 of 12
190	190	160in accordance with the requirements for regulations set forth in the provisions of this section
191	191	161until such municipality adopts or amends a regulation in compliance with this section.
192	192	162 (e) A municipality shall not use or impose standards to discourage through unreasonable
193	193	163costs or delays the development of housing described in this section.
194	194	164 SECTION 5. The secretary of housing and livable communities, secretary of energy and
195	195	165environmental affairs, the secretary of transportation, and the executive director of the
196	196	166Massachusetts Development Finance Agency shall jointly submit a report to the joint committee
197	197	167on housing identifying greyfields sites across the commonwealth, options for redevelopment or
198	198	168reuse that may include housing, public use or facilities, mixed use development, or natural
199	199	169restoration and open space, and identify programs within the appropriate state and quasi-public
200	200	170agencies that can be used to support communities in repurposing underutilized land.
201	201	171 For the purposes of this act, the term greyfields may include, but is not limited to, land
202	202	172with development that is outdated, underutilized, failing, or vacant, including commercial,
203	203	173residential, and industrial properties. This term may also include land that is owned by the
204	204	174commonwealth, its agencies, or its political subdivisions.
205	205	175 SECTION 6. Section 34 of Chapter 7C of the General Laws, as so appearing, are hereby
206	206	176amended by inserting the following paragraph:
207	207	177 (c) Prior to disposition of publicly owned real property of the commonwealth pursuant to
208	208	178chapter 7C, the commissioner of capital asset management and maintenance in coordination with
209	209	179the secretary of the executive office of housing and economic development shall determine
210	210	180whether such real property shall be made available for low or moderate income housing pursuant 10 of 12
211	211	181to this chapter. In making such determination the commissioner and the secretary shall take into
212	212	182account the following factors:
213	213	183 (i) existing zoning that limits the siting of low or moderate income housing in the city or
214	214	184town in which the publicly owned real property is located;
215	215	185 (ii) financial or other deterrents to the production of low or moderate income housing in
216	216	186the city or town in which the real property is located; and
217	217	187 (iii) ensuring that real property for disposition under this chapter is fairly made available
218	218	188to all regions of the commonwealth, including gateway municipalities, rural areas and suburban
219	219	189areas.
220	220	190 Upon making the determination that publicly owned real property shall be made available
221	221	191for disposition under this chapter, the commissioner and the secretary shall, notwithstanding
222	222	192chapter 7C or any other law to the contrary, declare the property available for development of
223	223	193low or moderate income housing in accordance with this chapter.
224	224	194 SECTION 7. Section 13 of chapter 21A, as so appearing, is hereby amended by striking
225	225	195out the first paragraph and inserting in place thereof the following paragraph:
226	226	196 A board of health may adopt a local on-site sewage disposal systems regulation, only to
227	227	197the extent that it imposes standards or other requirements that are more stringent than or
228	228	198otherwise exceed those set forth in Title 5 of the State Environmental Code, 310 CMR 15.000,
229	229	199and only if, prior to adoption by the board of health, the department of environmental protection
230	230	200shall review and approve any such proposed on-site sewage disposal systems regulation based
231	231	201upon findings that the proposed regulation has a generally recognized scientific basis, is a 11 of 12
232	232	202recommended best practice technique, is necessary to protect unusual local resources that
233	233	203warrant special or enhanced protection, and does not conflict with Title 5 of the State
234	234	204Environmental Code, 310 CMR 15.000.
235	235	205 SECTION 8. Section 17 of chapter 40A is hereby amended by striking in the first
236	236	206paragraph the words “may appeal” and replacing them with “may pursuant to G.L. c.423, § 4
237	237	207petition for certiorari”; and is further amended by striking the seventh sentence in the second
238	238	208paragraph of said section.
239	239	209 Section 3A of chapter 184 is hereby amended by striking the first sentence in the fourth
240	240	210paragraph and replacing it with:
241	241	211 Notwithstanding any other general or special law to the contrary, any action not
242	242	212commenced in the permit session, but within the jurisdiction of the permit session as provided in
243	243	213this section, either (i) shall be transferred to the permit session if the underlying project or
244	244	214development involves 25 or more dwelling units, or (ii) may be transferred to the permit session,
245	245	215in either case upon motion by any party to the chief justice of the trial court.
246	246	216 SECTION 9. Section 31 of chapter 111 is hereby amended by striking the first paragraph
247	247	217and replacing it with:
248	248	218 Boards of health may make reasonable health regulations provided that no regulation or
249	249	219amendment thereto which relates to the minimum requirements for subsurface disposal of
250	250	220sanitary sewage shall exceed the requirements of the state environmental code A summary which
251	251	221shall describe the substance of any regulation made by a board of health under this chapter shall
252	252	222be published once in a newspaper of general circulation in the city or town, and such publication
253	253	223shall be notice to all persons. Whoever, himself or by his servant or agent, or as the servant or 12 of 12
254	254	224agent of any other person or any firm or corporation, violates any reasonable health regulation,
255	255	225made under authority of this section, for which no penalty by way of fine or imprisonment, or
256	256	226both, is provided by law, shall be punished by a fine of not more than one thousand dollars.
257	257	227 SECTION 10. Section 40 of chapter 131 is hereby amended by adding the following at
258	258	228the end of said section:
259	259	229 No city or town may enforce an ordinance or bylaw that exceeds the requirements of this
260	260	230section or of regulations promulgated by the department of environmental protection pursuant to
261	261	231this section.
262	262	232 SECTION 11. Section 3 of Chapter 40A is hereby amended by adding the following
263	263	233sentence to the end of the first sentence beginning “No zoning ordinance or by-law shall prohibit,
264	264	234unreasonably restrict or require a special permit or other discretionary zoning approval for the
265	265	235use of land or structures for a single accessory dwelling unit”:
266	266	236 Provided further that no zoning ordinance or by-law may prohibit the use of Accessory
267	267	237Dwelling Units as of right on lots where the principal dwelling contains more than one dwelling
268	268	238unit
269	269	239 SECTION 12. The General Court may adopt the recommendations of the Housing
270	270	240Advisory Council established by Executive Order Number 621, issued on October 18th, 2023, to
271	271	241establish a Housing Production Plan which identifies existing limitations on the production of
272	272	242affordable and market rate housing in each region of the state and develops a comprehensive
273	273	243statewide housing plan to guide the production, rehabilitation, preservation, operation, and
274	274	244subsidization of housing.