In August 2024, Governor Healey signed the Affordable Homes Act (“the Act”) into law. The Act is a historic piece of legislation, authorizing $5.16 billion in spending over five years alongside nearly 50 policy initiatives to encourage housing production. This article touches on one.
The Supreme Judicial Court on July 14, 2026, upheld an Appeals Court decision narrowing the power of cities and towns to disapprove solar energy projects under G.L. c. 40A, § 3, ¶ 9. This is the section of the Zoning Act’s so-called Dover Amendment protecting commercial solar facilities, so much in the legal news in recent years. The SJC held that a municipality may deny a special permit for a protected type of facility only for a reason “necessary” to protect public health, safety or welfare.
Chapter 137 of the Acts of 2026 made significant changes to the Massachusetts Zoning Act (M.G.L. c. 40A). This Appropriations Act is for the fiscal year 2027. As usual, it has several so-called outside sections. The Zoning Act changes are effective now.
In 2024, Governor Maura Healey signed the Affordable Homes Act. It authorized $5.16 billion in spending over the next five years to counter rising housing costs caused by high demand and limited supply.
In January 2021, the Zoning Act, G.L. c. 40A, was amended to give the trial court judge discretion to require a plaintiff appealing a special permit, variance, or site plan decision to post a bond of up to $50,000 “to secure the payment of costs if the court finds that the harm to the defendant or to the public interest resulting from delays caused by the appeal outweighs the financial burden of the surety or cash bond on the plaintiffs.”
Governor Baker signed the Housing Choice Act of 2020, Chapter 358 of the Acts of 2020 (the “Housing Choice Act”) on January 14, 2021, as an emergency law, which made it effective immediately. It made significant procedural and substantive changes to the Massachusetts Zoning Act (Chapter 40A) and Smart Growth Districts (Chapter 40R), largely to facilitate multi-family housing near transportation facilities.
Tiny House fever is sweeping the nation. The public seems to be head over (w)heels for the concept—small yet artistically crafted homes offering the key elements of a house in the space of a traditional garden shed.
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