Legislative reform is necessary to eliminate antiquated provisions in the zoning code which impede municipal efforts to implement sustainable land use plans.  

The Massachusetts zoning enabling act is nationally regarded as antiquated; it was listed by the American Planning Association as among the weakest and most outdated land use frameworks nationwide.  Certain subdivisions of land require no local review or approval; excessive “grandfathering” provisions frustrate attempts to modify zoning; and municipalities are prohibited from regulating “teardowns” or establishing very low-density zoning districts.

Numerous zoning reform proposals have been recommended in recent years.  Four specific reforms are identified here, but other zoning reform concepts are addressed in other sections of this strategy or elsewhere in the implementation plan.  Either these reforms should be applied statewide, or they should be made available to municipalities that adopt smart growth plans and practices.   

7.a    The Legislature and Governor should eliminate the “Approval not Required” process

7.b    The Legislature and Governor should reform grandfathering provisions to apply to development proposals only, for a period of three years

7.c    The Legislature and Governor should explicitly permit low-density zoning in designated resource protection areas

7.d    The Legislature and Governor should eliminate the current prohibition on regulation of the maximum interior floor area of residential structures

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