40Y Final Regulation Summary

Brief summary of key highlights of 760 CMR 69.00: Starter Home Zoning Districts regulation.

Summary of Final 40Y Regulation

Key highlights of the regulations for M.G.L. Chapter 40Y, the Starter Homes Zoning District Act, 760 CMR 69.00: Starter Home Zoning Districts is briefly summarized below. 

• Establishes Program Requirements
  • As-of-right zoning requirement
  • Minimum density standard
  • Starter home size limit (1,850 sq. ft. heated living area)
  • Income Restriction requirements
  • Bedroom mix requirement
  • ADU alignment and clarification
  • Sustainable development standards

• Establishes Approval Process
  • Preliminary Determination of Eligibility by HLC
  • Local adoption
  • Final Approval by HLC
  • Ongoing compliance and annual reporting

• Clarifies Municipal Authority
  • Design Standards must be reasonable and objective
  • Site Plan Review permitted but limited in scope
  • Mixed-use permitted subject to HLC approval
  • Attached or detached homes allowed
  • Relationship to 40R clarified

• Establishes Incentive Payment Procedures
  • Zoning Incentive Payment eligibility
  • Production Bonus Payment structure
  • Documentation and reporting requirements