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Massachusetts homebuilders will have a smaller hill to climb when submitting variance requests following new reforms included in the state‘s fiscal 2027 budget.
Instead of having to prove “substantial hardship” in a request for an exception to a local zoning ordinance, petitioners must demonstrate only a “practical difficulty” in adhering to the local ordinance or by-law, according to an analysis by law firm Bowditch.
The measure tasks local zoning authorities with considering the potential benefits to both the applicant and the community, “including the interest in supporting the production of housing against the detriment to the public health, safety and welfare of the neighborhood,” when considering variance requests, according to the amendment approved as part of the state budget signed July 9.
The amendment also doubles the lifespan of an approved use variance, from one year to two.
The reform follows a number of state-level efforts to ease housing production restrictions in Massachusetts, which for decades has “maintained one of the most demanding variance standards,” according to Bowditch.
The budget also includes extensions for zoning freezes for approved projects and provisions for local governments to communicate about public hearings for zoning amendments, special permits and variances via email, the law firm said.
“These changes will help accelerate housing production while preserving local decision-making,” Gov. Maura Healey’s office said in a news release following the budget’s approval.
The state is working toward creating 222,000 homes by 2035. It announced last month that it is 15% of the way there after adding nearly 35,000 new homes last year.
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