Senate considers land use law changes

Monday, May 16, 2016

SENATE EXPECTED TO TAKE UP LEGISLATION TO OVERHAUL ZONING AND PLANNING STATUTES

DECISIONS ARE BEING MADE NOW ON A BILL THAT WOULD MAKE MAJOR LONG-TERM CHANGES TO HOW LAND USE DECISIONS ARE MADE LOCALLY

ASK YOUR SENATORS TO LET YOU KNOW WHAT’S IN THE SENATE’S BILL BEFORE ANY VOTE!

For more than a decade, the Legislature has been considering ways to modernize planning, zoning and other land use statutes, but until now no significant legislation has made it to the floor for debate. Earlier this year, a legislative committee released a sweeping bill (S. 2144) that was reported to the Senate Committee on Ways and Means Committee, where it is undergoing review and may soon advance to a vote in the Senate.

The provisions of S. 2144 reflect several years of discussions between legislators, advocates for land use law reform (mostly regional planning agencies and “smart growth” organizations), municipal officials (including the MMA’s policy committees), and other interested parties. While this bill is far more balanced than earlier versions, the MMA still has concerns that we have voiced to Senate leaders. The MMA believes these concerns can be addressed.

Please click here to read the MMA’s recent letter to Senate Ways & Means. And click here to read a copy of the bill.

As debate on a bill nears, we are increasingly concerned about the powerful influence of organizations representing the real estate industry who strongly oppose some of the most basic reforms, including modernizing the “approval not required” (ANR) statute, and are fighting to defeat some of the more progressive and effective provisions, such as provisions allowing local-option inclusionary zoning authority for cities and towns. The for-profit development industry is pushing hard to weaken the legislation, and are pressing lawmakers to preempt local decision-making authority, calling for provisions to override local zoning by mandating “as-of-right” authority for developers.

Any comprehensive change to land use law in Massachusetts will have profound and a long-lasting impact on cities and towns. Senators should explain what is in the legislation and how they stand on this issue, before they vote.

• Please call your Senators today to let them know that this issue is important to your community, and ask them to tell you what is in the legislation BEFORE they vote.

• Please ask your Senators to brief you on the details of the bill immediately after it is reported out by the Senate Ways & Means committee so that you and your Senators can discuss the bill, and so they can know how the bill would the impact your community.

• Please ask your Senators to pledge opposition to any provisions that would preempt local decision-making authority and undermine local planning efforts, including opposition to any “as-of-right” or “by right” provisions.

• Please ask your Senators to support new and realistic tools (not mandates) for cities and towns to address the important issues of affordable housing and environmental protection, such as local-option inclusionary zoning authority, and local development impact fees.

If you have any questions about S. 2144 or the MMA position on the bill, please contact MMA Legislative Analyst David Lakeman at 617-426-7272 or dlakeman@mma.org.

Decisions are being made now. Please call your Senators today and ask that they consult with you BEFORE this far-reaching legislation is debated on Beacon Hill.

Thank You!