Zoning and Land Use Resources

Zoning and Land Use Resources

These publications are intended only for informational and reference purposes. When a question of legal interpretation arises, local officials should always seek the advice of their municipal counsel.

Overview of the Subdivision Control Law

• Revised December 2009 - Our Department has received numerous questions over the years concerning the operation of the Subdivision Control Law. This publication highlights many of the substantive and procedural requirements that apply to subdivision and non-subdivision plans which require an endorsement or an approval by a planning board. We have also noted interesting court cases that have looked at a variety of issues dealing with subdivision control.

 The Zoning Act

• Revised December 30, 2016 - This edition of the Zoning Act will aid planning boards, other municipal officials, and interested residents. The Zoning Enabling Act, Chapter 40A, was enacted by Chapters 368 and 551 of the Acts of 1954 and became effective on August 1, 1954, replacing the previous zoning enabling legislation, Section 25 to 30B, inclusive, of the Chapter 40, General Laws. On December 22, 1975, the Governor signed Chapter 808 of the Acts of 1975, the Zoning Act, which created a new Chapter 40A of the Massachusetts General Laws. The left-hand column of each section of the booklet includes bold-faced annotations which are not part of the law but which have been inserted to facilitate research.

Adopting Amending Zoning Bylaws

• Revised November 2009 - This outline covers the procedure that a municipality must follow when adopting or amending its zoning ordinance or bylaw. For detailed information regarding this procedure, please refer to Chapter 40A, Section 5.

Decision Making Requirements of the Zoning Act

Revised November 2009 - This outline covers:

• Process for reviewing a special permit
• Variance
• Appeal
• Constructive grants
• Reapplication
• Enforcement action

The public hearing and decision and voting requirements for Special Permit Granting Authority and Zoning Boards of Appeal are also outlined.

Grandfathered Lots and Plan Protection

Revised November 2009 - This outline covers:

• Separate and common lot protection
• Merger theory
• Subdivision plan protection
• ANR
• Perimeter plan
• Site plan

Nonconforming Structures and Uses

Revised November 2009 - This outline covers:

• Nonconforming structures and uses
• Alteration to nonconforming structures and uses
• The six (6) and ten (10) year protection
• Section 6 review and finding
• Exemption of single and two-family residential structures
• Change of nonconforming use
• Non-use and abandonment of nonconforming uses and structures

Procedural Requirements of the Subdivision Control Law

Revised November 2009 - This outline covers:

• The process for reviewing ANR plans
• Preliminary and definitive plans 
• The modification, amendment, and rescission of plans.

The ANR Handbook (Approval Not Required Plans)

• Revised January, 2009 - Due to the numerous questions that have arisen over the years concerning the "Approval Not Required" (ANR) process of the Subdivision Control Law, DHCD felt it would be beneficial to produce and distribute a publication concerning this issue.

Municipal Planning and Subdivision Legislation

• Revised November, 2008 - This edition of the Municipal Planning and Subdivision Control Legislation will aid planning boards, other municipal officials, and interested residents. The Subdivision Control Law was enacted in 1953 and this publication includes any amendments since its enactment. The left-hand column of each section of the booklet includes bold-faced annotations which are not part of the law but have been inserted to facilitate research.

For additional information, please call Elaine Wijnja at 617-573-1360.