Massachusetts Land Use Laws: Outdated? General clurpa show(new format)

1. • The American Planning Association lists Massachusetts as one of
the states with the most outdated land-use laws.
• Massachusetts alone allows unlimited creation of building lots
along substandard roads without meaningful review (ANR).
• Massachusetts provides the earliest, broadest, and most persistent
“grandfathering” protections in the nation.
• Unlike the majority of the states, Massachusetts does not require
consistency between master plans and land use regulations.
• Many innovative planning tools available in other states are not
used in Massachusetts (e.g., impact fees, agricultural zoning).
• Old, outdated zoning is tough to change because of the unique
statutory requirement for a two-thirds vote.
Did you know?

2. Development Impact Fees
• Approximately 60% of all
development in the United States is
subject to an impact fee to offset
the municipal capital costs of
growth.
• Massachusetts communities are
generally unable to levy impact
fees.

3. Grandfathering (aka, vested rights)
(or, how to avoid any local zoning change):
1. Submit a simple preliminary subdivision plan
before the zoning vote (zoning freeze begins).
2. Follow it with a definitive plan within 7 months.
3. Obtain approval of the definitive plan.
4. Discard the subdivision plan.
5. Seek permits to build anything you want under the old
zoning for 8 years thereafter.

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5. Consistency
The majority of the states, and the five other New England states,
require consistency between local planning and land use regulations.
Massachusetts does not. This causes master plans to be ignored.
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8. The Zoning Variance
• Zoning variance is a universally useful planning tool in U.S.
• Variance provides relief valve for overly-restrictive or
context-inappropriate zoning.
• In Massachusetts a legal variance may only be granted if
the hardship is due to the shape, topography , or soil
conditions of the land or structure.
• This is a barrier to the use of variances.
• Depending on city or town, either few variances are
granted or, ignoring the statute, many indefensible variances
are granted.

9. The Zoning Vote
Massachusetts is the only state to require a two-thirds super
majority vote to adopt or amend local zoning.
This is a barrier to new zoning initiatives, most of which are
proposed by local governments.

10. Hopkinton’s 47 subdivisions (in red) 1990-2000

13. The Alternate Universe of ANR

14. Who Benefits, Who Pays for ANR?

15. How to avoid any change in allowed land use:
1. Submit a simple ANR or lot perimeter plan
before the zoning vote.
2. Obtain an ANR endorsement from the
planning board (they must act in 21 days).
3. Propose any use allowed under the old
zoning for 3 years thereafter.

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17. Comprehensive Land Use Reform
and Partnership Act
“CLURPA”

18. Comprehensive Land Use Reform
and Partnership Act
“C PA”

19. Comprehensive Land Use Reform
and Partnership Act
“ LU PA”

20. c. 40A & 41
New
Material
CPA2 LUPA
CLURPA

22. Zoning Act, c. 40A
(bill section 1)
• Entire Zoning Act re-written in outline format w/ headings
• Reorganized/consolidated from 17 down to 11 sections
•
• Enabling language removed
• Much of old 40A substance left intact:
Exemptions
Boards of appeal
Procedures
Enforcement
Judicial review

23. • Substantive changes:
Authority under Home Rule Act
Purposes
Definitions
Consistency with plan
Additional local powers
Exclusionary zoning bar
Vested rights (grandfathering)
Adoption of zoning
Special permits
Site plan review
Variances
Inclusionary zoning
Development impact fees
Natural Resource Protection Zoning
Land use dispute avoidance
Mediation of land use appeals

24. Master Plans, c. 41, § 81D
(bill section 2)
• Master plan section re-written in outline format w/ headings
• Requirement to plan reiterated – $11,000,000 for planning
• MA Smart Growth Principles integrated into all elements
• Required elements (5)
Goals and Policies
Housing
Natural Resources and Energy
Land Use
Implementation

25. • Optional elements (6)
Economic Development
Cultural resources
Open Space, Recreation (OSRP qualifies)
Services, Capital Facilities (required for impact fees)
Transportation
Partnership Planning (required for 40U opt-in)
• Each element assessed against regional plan (if any)
• Adoption by legislative body after public hearing
• Optional referral to RPA for certification of plan
• Option to adapt/adopt regional plan as town plan

26. Subdivision Control Law, c. 41
(bill sections 3-18)
• Selected amendments to the Subdivision Control Law
• Provides option to eliminate ANR
• Creates “Minor Subdivision”
Six or less new lots (on new or existing ways)
95-day time limit
22 foot wide travelled way
• Establishes new method for making minor lot line changes
• Allows parks and playgrounds

27. • Connects Subdivision Control Law to master plan
• Requires consistency between subdivision regulations and
master plan
• Establishes new submittal requirements for subdivision plans
• Establishes presumption that requirements for traveled way
widths of greater than 24 feet are excessive
• Establishes presumption of validity regarding a planning board’s
decision on subdivision plan in event of appeal

28. Land Use Partnership Act (LUPA)
(bill section 19)

29. Land Use Partnership Act
New Chapter – 40U
• New chapter of the General Laws with
performance standards for communities and
incentives to “opt-in” to the program
• RPA certification process
• Partnership Communities

30. Performance Standards
• Prompt and predictable permitting of commercial /
industrial within defined district
• Prompt and predictable permitting of residential
within district, housing target number (5%)
• Consistency with Commonwealth objectives
• Consistency with regional plan

31. Minimum Standards of Consistency
• Economic development
– Prompt and predictable permitting in one or more economic districts
• Housing
– Prompt and predictable permitting for residential development
district(s) equal to housing target number (5% of year-round housing )
• Open space
– Open Space Residential Design required for lot s greater than 1 acre
• Water management
– Low Impact Development (LID) required for land disturbances over
one acre
• Energy management
– Prompt and predictable permitting for energy generating, research, or
manufacturing

32. Incentives to Opt-In
• Shorter vesting periods
– 8 → 3 years for subdivision plans
• Natural resource protection zoning (NRPZ) at low
densities
– 10 acres or more per unit in areas of high natural resource value
• Broader use of impact fees
– Schools, libraries, municipal offices, public safety facilities, affordable
housing
• Development agreements
– Power to enter into development agreements between an applicant and
a city or town

33. • Regulate rate of development
- Limits on annual building permits or approvals of new building lots
• Priority for infrastructure funding
• Technical assistance from state

35. CLURPA
is
Senate Bill #1019
Sen. Jamie Eldridge
Rep. Stephen Kulik
Learn more at (massmunilaw.org)