| Date: | 09/18/2026 |
|---|---|
| Organization: | Executive Office of Housing and Livable Communities |
| Referenced Sources: | Section 47. Housing Production - Variance Standard Reform |
Section 10 is fully replaced with a “practical difficulty” standard, a required balancing test; revised use-variance language; and longer lapse and extension periods.
The amendments extensively modify Section 10. Municipal variance forms, findings and decision templates should be reviewed before further use.
| Issue | Prior Law | New Law |
|---|---|---|
| Decision standard | A substantial hardship tied to site-specific soil, shape or topography, plus findings concerning public detriment and the purpose of zoning. | Strict enforcement would result in a practical difficulty. The authority “shall” grant a variance when it makes the required finding. |
| Required analysis | Focused on the former hardship findings. | The authority must weigh benefits to the applicant and public interest, including housing production, against detriment to neighborhood health, safety, and welfare. |
| Use variances | A use not otherwise allowed was generally barred unless local zoning expressly permitted use variances. | Now, this requirement for express authorization in zoning for use variances only applies to uses other than residential. |
| Time to exercise and extension | One year to exercise, with a possible extension of up to six months. | Two years to exercise, with a possible extension of up to two additional years. Time spent pursuing other necessary entitlements or an appeal is excluded. |
The permit granting authority—typically the zoning board of appeals—may also consider whether the practical difficulty:
An extension request for a Variance must be filed before the original two-year period expires. If the authority does not grant the extension within 30 days and the original period expires, the Variance rights may be reestablished only after notice and a new hearing.
The amendments remove a paragraph that expressly authorized conditions, safeguards, and time or use limitations. Municipalities should consult counsel before relying on prior forms or practices concerning conditions imposed in Variance decisions.
Municipalities should revise variance applications, staff reports, findings, and decision templates; train board members and staff on the new standard and balancing test; review local use Variance provisions; and track the new two-year period, excluded time, and extension deadline.
