Zoning is not the only area where evolved and more efficient processes and standards could create a more housing-friendly environment. Various state and local regulations, code requirements, and permitting processes have an impact on the time and cost of producing housing.
Developers and builders have offered feedback that complex, varied and at times conflicting state and local regulations and codes can add years on to the time before a project is in the ground. This slows housing production at a time when Massachusetts needs it most and creates an environment where only the most experienced and often larger firms are able to participate in development. Smaller and often more diverse firms are unable to compete with large teams. It is critical that municipalities are supported in creating an accessible environment for all development teams. EOHLC believes that all regulations, permits and codes required to build housing should be aligned with the latest scientific and technical evidence and only be used to meet energy, environmental, health and safety goals. Moreover, these regulations should be streamlined to avoid unnecessary barriers to housing development.
Remaining barriers to Accessory Dwelling Units (ADU’s)
The Affordable Homes Act legalized ADUs by-right in every zoning district subject to the Zoning Enabling Act (this excludes the City of Boston.) As authorized, EOHLC promulgated regulations to implement the law. After a public comment period, the regulations went into effect on February 2, 2025. Protected Use ADUs of less than 900 square feet or half the size of the primary dwelling, whichever is greater, are permitted in every single-family zone and may not be subject to owner-occupancy restrictions. If a property owner seeks to create a unit that qualifies as a “Protected Use ADU”, they may take their plans directly to the local building inspector for a building permit. Municipalities may adopt reasonable regulations governing ADUs, with administrative approval. This law will open up opportunities for thousands of homeowners across the state to create separate small units.
Other barriers to adoption of ADUs will remain. Access to capital for homeowners is a known challenge, especially for low-income homeowners and those on a fixed income. Local interpretation of fire codes may require additional protective measures (possibly including sprinklers) for detached ADUs that cannot be reached by a fire lane. Managing the design and construction process is a complicated endeavor. Some property owners may have trouble finding qualified contractors and would benefit from a ‘turnkey’ solution, especially detached ADUs.