Passing Strict Zoning Ordinances and Regulations

Zoning regulations are one of the most powerful tools communities have to promote appropriate growth. Zoning bylaws and ordinances allow communities to reduce conflicts by clearly defining areas appropriate for growth, as well as areas where growth should be discouraged or prohibited. Consider adopting zoning that directly decreases risk to people and property. To maximize its legal power, zoning regulations should clearly explain why your community wishes to discourage or prohibit growth in the coastal floodplain, and should be consistently applied across permitting boards and departments. See the legal issues section of this website.

The following resources provide additional information about zoning:

• The Massachusetts Law About Zoning site has general information on zoning regulations in Massachusetts.
• In 2001, the Massachusetts Attorney General released A Guidebook for Adopting Zoning By-Laws to guide communities through the legal process of creating bylaws, including information on public hearings.
• The StormSmart Coasts Fact Sheet 2, No Adverse Impact and the Legal Framework of Coastal Management (PDF, 868 KB) explains the legal issues surrounding regulating land use in coastal floodplains.
• These Federal Emergency Management Agency (FEMA) publications provide zoning information:
• Section 2.3 of FEMA's Coastal Construction Manual has general information on siting and the appropriateness of specific areas for different types of structures. To obtain a free copy of the Coastal Construction Manual (in print or on a CD), contact the FEMA Publications Distribution Facility at (800) 480-2520.
• Fact Sheet 6 from FEMA's Home Builder's Guide to Coastal Construction series explains how planning, siting, and design decisions affect coastal home costs.
• Fact Sheet 7 from FEMA's Home Builder's Guide to Coastal Construction series provides guidance on lot selection and siting considerations for coastal residential buildings.
• StormSmart Coasts Fact Sheet 3: A Cape Cod Community Prevents New Residences In Floodplains (PDF, 1 MB) discusses how Chatham has set an example with its own zoning bylaw, which prohibits construction of residences in certain areas known to flood (including the entire 100-year floodplain as mapped on their FIRMs). The bylaw was challenged, but upheld by the Massachusetts Supreme Judicial Court.