Massachusetts Smart Growth Zoning Reform Bill On Fast Track to Passage?

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58 Legislators Pushing Comprehensive Zoning Reform Bill

“Inclusionary Zoning” Provision May Expand Controversial 40B Law

With “Smart Growth” advocates strongly behind them, a cadre of Beacon Hill lawmakers are pushing a controversial bill that for the first time in 37 years would comprehensively overhaul state law governing municipal zoning, subdivision control, and planning. Proponents of the bill argue that stalled smart growth projects such as the new Assembly Square in Somerville (shown at right) would be beneficiaries of the new bill.

The bill, H.B. 1859 — unprecedented in its scope and reach — would change Massachusetts zoning and land use law as we know it. Approval not required (ANR) plans and current variance review standards would be gone, while “inclusionary zoning” (another potential iteration of the state’s conversional affordable housing 40B law) would be expanded along with the legality of “impact fees” — mandatory payments from developers to towns to mitigate development impacts.

The principal sponsor, Rep. Stephen Kulik, a Worthington Democrat unveiled the bill during an event this week at the Statehouse. Versions of this bill have been introduced before, but I have not seen so many legislators in support of the bill as before. Rep. Kulik said the goal is to pass the bill by the end of this year’s formal legislative session on July 31, 2013.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Richard Vetstein | Attorney Advertising

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