By Christine Rasmussen
Governor Maura Healey signed The Affordable Homes Act into law last August, authorizing over 5 billion dollars in borrowing to spur housing constriction. It reduces barriers for individuals seeking affordable home options, increases housing production and inventory, and creates more tools in the toolbox to help cities and towns offer more affordable housing options that include new regulations that allow construction of Accessory Dwelling Units, or “granny flats,” under 900 square feet by right on single-family lots.
This week, to continue the Governor’s campaign to build 220,000 new units by 2035, the state’s Commission on Unlocking Housing Production released a 108-page report with more than 50 policy recommendations to increase the housing supply. https://www.mass.gov/doc/building-for-tomorrow-a-report-from-the-unlocking-housing-production-commission/download
“In Building for Tomorrow”
The commission recommended that two-family homes, such as duplexes, be allowed by right on all residential lots in Massachusetts. It also called for buildings with up to four units to be permitted on any lot hooked into a municipal water and sewer system. The commission wrote. “Importantly, this recommendation does not mandate multi-family construction but removes unnecessary zoning barriers, ensuring that two-, three- and four-unit dwellings can be built without requiring variances or discretionary review.”
The commission also called for removing “parking minimums,” or the number of parking spaces town zoning bylaws require to accommodate anticipated cars without using on-street public parking. Instead, the Commission recommends allowing developers to determine the parking spaces they need to meet the demand.
According to the Commission’s report, minimum lot sizes “significantly hinder housing affordability” and should be eliminated. The commission also called for eliminating local rules against lot mergers and splits. The only exception would be on “environmentally sensitive and excluded lands.” At this time, these recommendations are just a report, not legislation. Governor Healey and state lawmakers have not expressed opinions on the recommendations, so this is an ideal time to influence what happens to the recommendation by letting decision-makers know your thoughts. https://www.mass.gov/info-details/email-the-governors-office#email-the-governor-&-lt.-governor-using-this-form-
Senator Paul Mark- Paul.Mark@masenate.gov
Rep Leigh Davis Leigh.Davis@mahouse.gov
Secretary Ed Augustus, Executive Office of Housing and Livable Communities
Recommendation for Local Regulation of Ground-Mounted Solar Photovoltaic Installations in Massachusetts
by Jeff Lacy and Michael DeChiara
An Excerpt
Introduction
The local regulation of ground-mounted solar photovoltaic installations (herein, Solar Installations or Installations) is an important policy area that is actively evolving – both due to new scientific capabilities and policy understandings, and on a parallel track, legal and legislative decisions. Under the newly passed energy bill, S 2967, “An Act Promoting a Clean Energy Grid, Advancing Equity and Protecting Ratepayers,” installations of up to 25MW will remain under the purview of municipalities, but permitting standards and procedures will be set by the Massachusetts’ Department of Energy Resources (DOER). This paper seeks to begin the process of informing these guidelines in advance of the effective date of the law on March 1, 2026.
The Solar Exemption in Zoning
In 1985 when the state’s solar exemption – M.G.L. Chapter 40A, Section 3 (40A:3) – was enacted it was geared primarily to solar hot water systems on the rooftops of buildings. That exemption has now evolved (along with the technology) into a provision applicable to stand-alone ground-mounted Solar Installations of unlimited acreage and number, and even possibly standalone energy storage systems not physically associated with a solar system. The so-called solar exemption reads:
“No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare.”
Under the new energy law, it is understood that the Zoning Act’s solar exemption cited above will be presumed to be met by municipalities that have adopted the soon-to-be-developed DOER permitting standards. This would apply to Installations of up to 25MW – the size range of most if not all built in Massachusetts so far – and energy storage systems up to 100MW.
“Local governments acting in accordance with the standards established by the department for small clean energy generation facilities and small clean energy storage facilities pursuant to this subsection shall be considered to have acted consistent with the limitations on solar facility and small clean energy storage facility zoning under section 3 of chapter 40A.”
