Regulation Update: from Christine Rasmussen
NEW PROPOSAL TO EXPEDITE BUILDING HOUSING UNITS IN AN EFFORT TO HELP MEET THE STATE’S GOAL OF 220,000 NEW UNITS BY 2035 BY STREAMLINING HOUSING PERMITS
In September 2025, Massachusetts Governor Maura Healey announced a plan to cut environmental regulations and streamline housing permits, reducing the approval process for qualified housing projects from over a year to 30 days. This article is intended to let SU readers know the details of the proposal so they can contemplate impacts.
Goals: The administration’s goal is to reduce the cost of housing development by streamlining the process for builders and contractors, thereby helping to address the state’s housing shortage.
Public feedback: The draft regulations were announced on September 9, 2025, and were open for public comment until October 31, 2025.
Key details of the proposal
- Focus on environmental review: The draft regulations primarily target the state’s environmental review process, overseen by the Massachusetts Environmental Policy Act (MEPA) Office.
- Faster review process: For eligible projects, the new rules would replace the lengthy and detailed Environmental Impact Report (EIR) with the simpler, 30-day Environmental Notification Form (ENF).
- Eligibility criteria: To qualify for the expedited review, housing projects must meet seven specific criteria, including being at least 67% residential and meeting density thresholds. They must also be located outside flood zones, be energy-efficient, and be accessible by public transit..
- Bypassing MEPA review: The proposed regulations would also eliminate the automatic MEPA review for single-family homes, even if a local wetlands order is appealed.
To qualify for the expedited 30-day environmental review under the proposed regulations, a project must meet seven specific criteria, allowing projects with fewer environmental impacts to bypass the more extended Environmental Impact Report (EIR) and proceed with the simpler Environmental Notification Form (ENF).
The seven criteria are:
- Housing-Centered: At least two-thirds of the gross floor area must be for residential use, with the rest for related commercial use.
- Dense: Specific density requirements must be met, such as at least eight units per acre for single-family homes, 12 units per acre for two- or three-family homes, and 15 units per acre for buildings with four or more families.
- Land-Efficient: The project must avoid sensitive habitats and limit alteration of undeveloped land to no more than five acres (or 10 acres with a tree plan). It cannot be in areas like Priority Habitat or Prime Farmland.
- Flood and Erosion: Projects must be located outside current floodplains and highest-hazard areas, with redevelopment following resilient design.
- Energy Efficiency: The development must meet the state’s “stretch” energy code standards.
- Utility Access: The project needs sufficient water, wastewater, and energy infrastructure and cannot require new gas mains or certain water/wastewater transfers.
- Transit-Oriented: New traffic generation must be limited, with more flexible rules for projects near public transit.
To qualify for the expedited 30-day environmental review, housing projects must meet minimum density thresholds based on the type of housing proposed. These requirements are designed to encourage more efficient use of land for residential development.
The specific density requirements are:
- Single-family homes: 8 units per acr.
- Two- and three-family houses: 12 units per acr.
- Four or more family buildings: 15 units per acre.
At least 67% residential: The project must consist of at least two-thirds residential use, with any remaining commercial uses being supportive.
How to submit comments: include. RE: 301-CMR-11OO MEPA REGULATIONS IN YOUR HEADING/SUBJECT LINE.
Email address: MEPA-regs@mass.gov. Important note: The email address and sender contact information will be considered public records.
Mailing address:
MEPA Office
Attn: MEPA Director
100 Cambridge Street, 10th fl.
Boston, MA 02114
