Guidance  40A Electronic Notices for Zoning Ordinances and By-Laws

Date:	09/18/2026
Organization:	Executive Office of Housing and Livable Communities
Referenced Sources:	Section 40. Electronic Notifactions 1 Section 41. Electronic Notifications 2

Some zoning amendment notices may be sent electronically instead of by postal mail.

How to send electronic notices to HLC?

Send HLC electronic notices of public hearing(s) for adoption or amendments to zoning ordinances or by-laws to: [e-mail].

What notices should Cities and Towns send to HLC?

• Hearing notices for adoption of zoning ordinances/by-laws.
• Hearing notices for amendments of zoning ordinances/by-laws.

What notices should Cities and Towns NOT send to HLC?

• A public hearing for the issuance of any of the following should NOT be sent to HLC through this e-notice as they are not required to be sent to HLC by M.G.L c.40A:
  • Special permit
  • Variance
  • Comprehensive permit

What changed

• Required hearing notice to HLC; the regional planning agency; and the planning boards of abutting municipalities may be sent electronically or by prepaid mail. RPAs and municipalities are also encouraged to establish a method for electronic notice and to ensure relevant stakeholders are made aware of it. 
• When a local zoning ordinance or by-law provides for notice to nonresident property owners upon annual request, that notice may also be sent electronically or by prepaid mail.
• The waiver and affidavit-of-actual-notice language now covers a person or agency that may not have received notice by either method.

What did not change

• The newspaper publication, city or town hall posting, hearing schedule, and voting requirements in Section 5 are not changed by these amendments.
• Abutter notification in Section 11 did not change.

Practical steps

• Municipalities should update notice templates and contact lists and consider how such notices are sent if applicants are required to send such notice. Electronic notice is an option, not a requirement; postal mail remains available when a reliable electronic address is unavailable.¹ Municipalities should retain a record showing when and where an electronic notice was sent.

1. Note, this notice must be sent either electronically or by postal mail. While this notice may be sent by Certified Mail, it is not required.