Guidance  FY27 Budget 40A Changes: What should Cities and Towns consider doing?

Date:	09/18/2026
Organization:	Executive Office of Housing and Livable Communities

Effective July 1, 2026, Sections 40 through 49 of Chapter 137 of the Acts of 2026 (the FY27 Budget) amended four sections of the Massachusetts Zoning Act: G.L. c. 40A, Sections 5, 6, 10, and 11. The changes affect notice procedures, protection from later zoning changes, certain nonconforming properties and lots, and the standards and time periods for variances.

This toolkit briefly explains the changes for municipal officials and staff. It should be read together with the statute and the accompanying redline, which compares the amended text with the 2024 Official Edition of Chapter 40A. This is general guidance, not a legal opinion.

This guidance is intended to help municipalities identify the principal statutory changes. It is not exhaustive and should not be relied upon in the application of the amendments to a particular property, permit, or proceeding.

Recommended Municipal Implementation

1. Update notice materials. Revise Section 5 and Section 11 templates to include electronic delivery as an option while preserving publication, posting and any proceeding-specific requirements.
2. Create an electronic-delivery protocol. Use reliable addresses, identify the sender, preserve the transmitted notice and attachments, and retain a date-and-time record of delivery attempts.
3. Update Section 6 tracking. Record application dates, the last permit necessary for construction, periods spent actively pursuing other permits, and the revised four-year abandonment period.
4. Replace variance forms and findings. Do not continue using forms that require only the former hardship test or the former one-year and six-month time periods.
5. Review pending matters with counsel. The act states an effective date of July 1, 2026, including these Chapter 40A amendments. Review matters pending as of that date, including notices, applications, hearings and decisions.
6. Review local zoning regulations. Identify provisions concerning nonconforming properties, abandonment, grandfathered lots, use variances, and variance conditions that may need clarification or amendment.