The Act focuses on increased housing supply for low to moderate-income residents. Sections 121 and 122 address “Surplus Real Property for Residential Development,” addressing the development of state-owned land for housing.

Alongside the Act, the Healey-Driscoll administration has created a state Land for Homes Initiative. It focuses on increasing the Commonwealth’s housing supply by making surplus state land available for residential development under relaxed conditions.

As part of this initiative, the state provides a database of upcoming, planned, and available land parcels suitable for development. Currently, the initiative has made available 725.5 acres of land for development, representing an anticipated 5,435 housing units. The database can be accessed here ...

In March 2026, the Executive Office of Housing and Livable Communities (EOHLC) promulgated draft regulations for 760 CMR 77.00, specifying the conditions for development of this surplus land. These regulations were finalized and became effective on July 17, 2026.

In essence, 760 CMR 77.00 provides authority to the state Division of Capital Asset Management & Maintenance (DCAMM) and host municipalities to impose conditions on new developments while limiting excessive requirements that slow the pace of development.

Most significantly, municipalities are not allowed to impose conditions which will result in an Effective Density of fewer than four (4) dwelling units per acre. The regulations are summarized below.

Surplus Real Property

760 CMR 77.00 allows for as-of-right Residential Development of “Surplus Real Property” conveyed by the DCAMM Commissioner (Commissioner).

As defined in Section 121(a) of the AHA, Surplus Real Property includes property that is either (i) real property of the Commonwealth determined by the Commissioner to be surplus or (ii) real property of a public agency determined by the agency itself to be surplus.

Also as defined there, a public agency is “department, agency, board, commission, authority, or other instrumentality of the Commonwealth,” excluding “cities, town or counties or any boards, committees, commissions or other instrumentalities thereof.”

Effective Density

Residential Developments on Surplus Property must achieve a minimum of four (4) housing units per acre. In calculating the effective density, all parties must include the entire Lot Area without exclusion. This includes open bodies of water and any public or private rights in the Lot Area.

Protected use accessory dwelling units (i.e., developed pursuant to M.G.L. c. 40A, §6 and 760 CMR 71.00) cannot count toward the number of units in a Lot Area. Additionally, effective density calculations cannot be rounded up to achieve the minimum.

Commissioner-Imposed Conditions

The DCAMM Commissioner may impose additional conditions on the development of Surplus Real Property for Housing Purposes at the time of Conveyance. These include:

Reuse Restrictions: Any use, restriction, or encumbrance as defined by the Commissioner (e.g. affordability requirements for housing developments, mandated clustering to preserve portions of parcel for recreation or conservation area, etc.).

Land Disposition Agreement: Agreement between the Commissioner and the Developer, through which parties may agree to additional conditions.

Municipality-Imposed “Reasonable Regulations”

Municipalities may, but are not required, to impose “reasonable regulations” on Residential Developments of Surplus Real Property.

“Reasonable regulations” are those which (i) pertain to the bulk and height of structures, lot area, setbacks, open space coverage, building coverage, and site plan review and (ii) meet the following conditions:

1. Do not “directly or indirectly” prevent development within the Effective Density requirement or otherwise make such development “physically or financially infeasible;”
2. Do not explicitly or effectively prohibit, or require, any particular Residential Development Type or bedroom count;
3. Do not conflict with or supersede any applicable federal law;
4. Do not impose more than the minimum requirements established by state or federal law; and
5. Do not impose any additional local or regional Municipality law, unless required by the Conveyance.

As part of these reasonable regulations, municipalities may:

1. Enforce the terms of a Development Agreement, so long as it does not conflict with the terms of the Conveyance;
2. Impose regulations “necessary to ensure the Developer’s compliance with the terms of the Conveyance;”
3. Allow additional non-residential uses on Surplus Real Property, such as mixed-use development, and provide incentives to encourage such use;
4. Impose the minimum requirements established by any state or federal law; and
5. Conduct Site Plan Review, limited to (i) aspects of a Residential Development that “relate directly to the public’s safety, health, and welfare” and (ii) additional aspects that are otherwise provided for a Reuse Restriction, an Agreement, or voluntarily agreed to by the Developer. Site Plan Review shall neither “unreasonably delay” nor impose “infeasible or impractical conditions” on Residential Developments.

Municipalities may not:

1. Enforce general Municipal Regulations on Surplus Real Property where they are “inconsistent or in conflict with or exceed the scope of land-use controls described” in the AHA or 760 CMR 77.00;
2. Require additional non-residential uses on Surplus Real Property; or
3. Enforce a maximum density or dwelling unit cap, unless provided by the Conveyance.

Abigail George is a law clerk at McGregor Law Group and a recent graduate of the Boston University School of Law.