What is Smart Growth?
Smart Growth is a community-led planning approach that helps cities and towns meet local needs, guide development, and create places where people can live, work, and thrive. Under Chapter 40R regulations, Smart Growth focuses on development that:
- Allows a mix of homes, shops, and services in walkable, vibrant neighborhoods
- Expands housing choice, including homes affordable to low‑ and moderate‑income households
- Uses land efficiently through compact, well‑designed development
- Protects open space, natural areas, and key environmental resources
- Provides clear, predictable permitting and encourages community‑focused planning
These Smart Growth principles help cities and towns shape locally led 40R Smart Growth Zoning Districts that reflect local goals and support long-term community vitality.
What is Chapter 40R?
Chapter 40R — the Smart Growth Zoning Overlay District Act — is a state law enacted in 2004 that helps cities and towns voluntarily create zoning districts that support housing choice, mixed-use development, and walkable, vibrant neighborhoods.
What 40R zoning allows and requires
Chapter 40R encourages cities and towns to adopt zoning that:
- Allows higher density housing as-of-right
- Requires at least 20% of new homes to be affordable
- Supports mixed-use development in appropriate/eligible locations
- Streamlines permitting through a clear, predictable local review process
A 40R district must allow housing at minimum densities of:
- 8 units/acre for single-family homes
- 12 units/acre for two-and three-family homes
- 20 units/acre for multifamily buildings
Projects must be developable as-of-right, subject only to limited site plan review and local design standards. Depending upon how the 40R zoning is adopted, developers may apply for approval to build under 40R zoning or under the community’s existing base or “underlying” zone.
Where 40R districts can be located
Smart Growth Zoning Districts must be in highly suitable locations that can support higher density housing and mixed-use development. These locations must be:
- Near transit stations
- In areas of concentrated development with town or city centers, other existing commercial areas, or rural village districts
- Other locally identified Smart Growth locations as approved by EOHLC
State approval and financial incentives
To create a 40R district, a municipality must:
- Submit eligibility application including the proposed zoning to EOHLC for preliminary approval
- Adopt the zoning as preliminarily approved
- Receive conditional or final approval from EOHLC
Once EOHLC approves a District, a city or town becomes eligible for two types of state payments, one when receiving conditional or final approval, and the second when construction begins:
- Zoning Incentive Payment — a one-time payment of $10,000 to $600,000, based on the number of additional as-of-right units allowed by the new zoning.
- Density Bonus Payment — $3,000 per new unit when construction begins and any applicable affordability requirements are recorded on homes that were not previously allowed as-of-right.
These incentives can generally be put towards a wide variety of local investments including support of local planning, infrastructure, and implementation of Smart Growth zones.
Why should cities and towns consider 40R?
Benefits for local housing and community needs
40R helps cities and towns:
- Guide growth in well-suited, locally identified areas and use land efficiently
- Set clear, locally crafted rules that make the permitting process predictable and as-of-right
- Meet housing needs with a range of housing types, including affordable homes
- Support walkable, mixed-use places with more transportation choices
Financial Support for Local Investments
Cities and towns with an approved 40R District are eligible for a Zoning Incentive Payment and Density Bonus Payments. These funds can help communities make one‑time capital investments that support local priorities. Eligible uses include:
- Transportation and public‑realm improvements, including sidewalks, crosswalks, lighting, and multi‑modal access
- Utility or system upgrades needed to support new homes in or near the district, such as water or sewer improvements
- Community infrastructure or equipment with a long‑term useful life, such as public safety, public works, or other municipal capital needs
- Planning, design, or site work that directly supports a capital project
These examples highlight common eligible uses of 40R payments. Communities can find additional guidance in the
These examples highlight common eligible uses of 40R payments. Communities can find additional guidance in the 40R Guidelines, Section E: Capital Expenditures.
What cities and towns have a 40R district?
Cities and towns across Massachusetts have adopted 40R Smart Growth Zoning Districts to support local housing goals, strengthen neighborhoods, and guide development in suitable locations. The interactive map and activity summary table below shows the approved 40R districts, along with key details about location, zoning, and housing activity.
Across Massachusetts, more than 7,600 new units have been built or are under construction in over 65 40R districts across 50+ communities.
A wide range of communities use 40R
40R has been adopted in communities of many different sizes and contexts, including:
- Gateway Cities using 40R to support downtown revitalization and mixed‑use development
- Suburban communities planning for walkable village centers or transit‑oriented housing
- Rural communities and small towns creating modest districts near centers or guiding growth while preserving open space
- Communities with varying transit access, from those focusing on housing near stations to those without transit seeking predictable permitting and expanded housing choice
This diversity shows that 40R is a flexible, locally tailored tool that can support many different planning goals.
40R By the Numbers
| Number of Municipalities with Approved 40R Smart Growth Districts | Total Number of Active 40R Smart Growth Districts | Total Acreage Size Across All Approved Districts | Total Number of 40R Units Built or Under Construction | Remaining 40R Zoned Unit Capacity Across all Approved Districts |
|---|---|---|---|---|
| 53 | 67 | 2,800 | 7,634 | 23,478 |
Approved District Table
This table provides sortable information about each approved district, including, year of approval, district size, and number of units built or approved for construction.
*Gross acres, including non-developable land.
Getting a 40R District Approved
Establishing a 40R Smart Growth Zoning District involves a structured state review process, local adoption, and final approval by EOHLC. Cities and towns design their districts locally within the framework of 40R and submit required materials through the online application system.
Application process
Cities and towns submit a 40R application that includes the proposed zoning, district boundaries, buildout analysis, any design standards, and supporting documentation. EOHLC conducts a preliminary review to confirm compliance with Chapter 40R and 760 CMR 59.00. After preliminary approval, the city or town may proceed to local adoption before seeking final approval.
Required forms
If your community is ready to apply for a:
- Preliminary Determination of Eligibility for a proposed 40R/Smart Growth District
- Conditional/Final Approval of an adopted District
- Density Bonus Payment
please contact 40R program staff, Bill Reyelt, at William.Reyelt@mass.gov to receive all materials needed to complete your submission.
In late Summer 2026, EOHLC will update 40R application materials to be submitted through standardized online forms, replacing previous paper-based submissions. Links to each form will be provided in this section when they are ready
Zoning templates
EOHLC provides model Smart Growth Zoning templates that cities and towns may adapt to local conditions. The templates incorporate statutory density and affordability requirements, as-of-right provisions, and design review standards to ensure consistency with Chapter 40R.
Other 40R Guides
Cities and towns can use several additional resources to support the development of a 40R Smart Growth Zoning District. These guides offer background, examples, and best practices that complement the zoning template and help communities refine their zoning, strengthen district design, and prepare for a smooth review process.
Review timeline
The review process for establishing a 40R District includes:
- A local pre‑application public hearing on the draft district application
- Preliminary eligibility review by EOHLC (90 days from the official application acceptance date)
- Local adoption of the zoning, followed by Attorney General review for towns
- EOHLC approval after submission of the adopted zoning and any required materials
Once final approval is achieved, the city or town generally becomes eligible for the initial zoning incentive payment and, once building permits are issued, one or more density bonus payments.
Reporting Requirements
Cities and towns with an approved 40R District must submit an annual update to EOHLC, as required by Chapter 40R and 760 CMR 59.00. These reports help track district activity, housing production, and long‑term implementation. Communities complete an annual report each year providing updates about ongoing, or future 40R District related activities. These updates support program oversight and help EOHLC understand how 40R districts are being implemented across the Commonwealth. 40R program staff will be in touch with each city and town with a 40R district to request an annual report.
Additional 40R Resources
These resources offer support, data, and background materials for cities and towns exploring or implementing a 40R Smart Growth Zoning District.
State partners, technical assistance, and funding
- EOHLC 40R Program Staff – technical assistance from early concept through adoption and implementation
- Massachusetts Housing Partnership (MHP) – zoning support, financial modeling, and technical assistance
- MassHousing – financing tools for mixed-income and multifamily housing
- MassDevelopment – planning and predevelopment support
- Community One Stop for Growth – grants for planning, zoning, community engagement, and predevelopment work
- Chapter 40S – School Cost Reimbursement Program – reimbursement for net education costs, if any, associated with new students living in 40R districts
Regional Planning Agencies (RPAs)
RPAs can assist cities and towns with mapping, build‑out analysis, public engagement, and zoning review.