Seasonal Communities Act

With the final regulations for SCA being released soon, I am concerned that no public forums have been scheduled to begin an education program around its provisions.

Stockbridge Updates previously reported on SCA adopted in 2024, which allows tourism-heavy communities, including Stockbridge—where many homes are seasonal, and housing costs are high—to use new policy tools to support the creation of year-round housing. With final regulations expected from the state by December 31, 2025, Stockbridge is positioned to start a review of the formal framework ahead of the spring town meeting, when Stockbridge residents may vote to accept or reject the designation.

The Commonwealth allocated $4 million to the Seasonal Communities Grant Program. Communities that vote to join are expected to receive a minimum base grant of approximately $50,000, with additional grants ranging from $50,000 to $175,000 for housing. SCA gives communities the authority to:

• increase the residential property tax exemption for primary residences to 50% of the average assessed value of residential property instead of the general statutory level of 35%. 
• acquire year-round housing occupancy restrictions for rental or other housing; 
• acquire and develop housing units with preference for housing seasonal public employees; 
• acquire and develop affordable and “attainable” housing for the benefit of year-round residents (which may be targeted to artists) — the term “attainable” is a construct to be defined by HLC to reflect conditions in seasonal communities.
  
  The designation as seasonal also imposes two obligations on the community: 
  
• to adopt zoning provisions allowing the use of undersized lots in single-family residential zones for development of “attainable” year-round housing — this does not require an exemption from floor area by-laws or wastewater/septic laws.
• to adopt by-laws permitting the construction of “tiny” houses, houses under 400 square feet in floor area (excluding lofts); tiny houses could include movable tiny houses.
  
  Seasonal municipalities may apply for a waiver of these provisions, with the criteria expected in the final regulation.

Closing 2025 on a happy note:

Thank you, Rep. Leigh Davis and Sen. Paul Mark, for a holiday gift of federal funds for housing rehabilitation in Berkshire County. Last week, because of their advocacy, Lt. Gov. Kim Driscoll announced that $5.45 million in federal Community Development Block Grant funds is coming to Berkshire County, with Great Barrington, in conjunction with Egremont and Stockbridge, receiving $1.25 million to rehabilitate approximately 14 housing units, including roof replacements and accessibility modifications.

Also, due to lobbying efforts, Egremont, Great Barrington, Lee, Lenox, New Marlborough, Richmond, Sandisfield, Sheffield, West Stockbridge, and Williamstown were determined eligible to engage in the SCA designation process. Stockbridge, as a community designated by legislation, is automatically eligible for this designation due to its high percentage of seasonal housing. While the designation is ‘automatic’ in the state’s view, it must still be formally approved by a local legislative vote (Town Meeting) to unlock the program’s tools and funding.

If acceptance of this tool is to be on the May Town Meeting warrant, several issues will need to be discussed to ensure voters understand its provisions before they vote. These include, among other things:

9. Attainable Housing on Undersized Lots
   How will the town adjust zoning bylaws to permit year-round, attainable housing on smaller lots. 
10. Year-Round Occupancy Restrictions
    What are the pros and cons of legal restrictions to prevent homes from being used seasonally or as short-term rentals, ensuring they are available for primary residents for at least 10 months of the year? 
11. Permission for “Tiny Homes.”
    By right, construction of tiny homes of 400 feet or less that are restricted to year-round residency defined as ten months a year. What do these homes look like? I was pleasantly surprised to see photos of several small homes. 
12. Year-Round Housing Trust Funds
    The law allows municipalities to create local or regional trust funds dedicated to developing and preserving affordable and attainable housing. These trusts can accept various forms of funding and property for flexible use in housing initiatives. What could this money be used for? 
13. Essential Worker and Artist Preferences
    The Act permits towns to give preference to certain professions, such as teachers, first responders, and local artists, in housing they develop or acquire. This could involve policies like prioritizing these groups in affordable housing lotteries or providing down payment assistance. 
14. Enhanced Property Tax Exemptions
    Participating communities can increase the local residential property tax exemption for primary homes by up to 50% of the average assessed value. As specified in the act, a seasonal community can increase this exemption for primary residences to no more than 50% of the average assessed value of all residential parcels. Will Stockbridge take advantage of this provision?

A Word About Housing in Berkshire County

Michael McNally, in the “Building Homes, Building Futures” report (October 2025), writes that Berkshire County needs to add roughly 1,900 to 2,500 units over the next decade to meet the needs of the workforce. Closing the housing gap would add nearly 4,400 new employees to the county, generate $444 million in new economic activity, and generate $12.8 million in local taxes. His report continues, “We need to invest in solutions to help families afford housing now and prevent evictions, such as vouchers and targeted homeownership interventions.”

The National Taxpayers Union Foundation website reports: Massachusetts is losing taxpayers due to its high cost of living, dissatisfaction with state policies and governance, including issues with crime and business regulations, and a desire for a better quality of life. Many of those leaving are young, working-age adults (25–44). The majority relocated to either New Hampshire or Florida, with other popular destinations being California, North Carolina, Texas, and Washington. Despite domestic outmigration, Massachusetts’s total population has been growing due to international immigration, a trend that local leaders are closely monitoring, given the potential impact of federal action on the labor force in tourism-dependent regions like the Berkshires.