Associate
On July 9, 2026, Governor Maura Healey signed into law the Fiscal Year 2027 State Budget, which included several notable amendments to the Zoning Act. Effective immediately, the following amendments work to reduce barriers to housing construction and facilitate other types of development:
Easing of Variance Standards
Permit Granting Authorities Now Have Greater Discretion To Grant Variances
Previously, variances were described as a “disfavored form of relief” that should be granted “sparingly” and required meeting the high burden of demonstrating unique conditions owing solely to soil conditions, shape or topography, and substantial hardship.
The new law replaces this substantial hardship standard with a broader and more flexible “practical difficulty” standard. Variances may now be granted if enforcement of an ordinance or bylaw would result in a practical difficulty to the applicant. To make this determination, local municipal boards must weigh the benefits to the applicant and the public interest, including the interest in supporting housing production, against the detriment to public health, safety, and welfare of the neighborhood. Local boards also may (but are no longer required to) consider whether:
- The practical difficulty relates to soil conditions, shape, or topography of the land or structure;
- Strict enforcement would impose a financial hardship on the applicant;
- The benefit sought can be achieved by some other feasible method for the applicant; and
- The practical difficulty was self-created.
While the grant of a variance remains discretionary, property owners can benefit from the statutory revisions to the new law and the increased flexibility municipal boards now have when deciding to grant a variance.
Residential Use Variances Are Allowed
Further amendments now provide that residential use variances may be granted. Historically, unless a municipality’s ordinances or bylaws expressly allowed for use variances, they could not be granted. Now, regardless of local ordinances or bylaws, residential use variances may be granted in all zoning districts across the commonwealth. To seek a residential use variance, the applicant must apply the considerations above and demonstrate a practical difficulty.
Additional Time Provided To Exercise Granted Variances
Previously, variance decisions needed to be acted upon within one year of being granted. Now, the duration to act has been extended to two years, adding an extra year and allowing more flexibility to builders, developers, and property owners while they work to finalize financing or other details for their project.
Notably, the two-year clock does not tick during the time:
a. Necessary to pursue other permits to construct the project authorized by the variance; or
b. Awaiting the determination of an appeal.
In addition, variances may now be extended up to two years, provided the applicant makes a written request to the permit granting authority before the original two-year period expires. The prior extension period was limited to six months. Despite these changes, local boards maintain the discretionary authority to grant extensions. If the permit granting authority does not grant an extension within 30 days of written application, then, upon the expiration of the original two-year period, such rights may only be reestablished after notice and a new hearing. Any request for extensions should therefore be made well in advance of expiration.
Preexisting Nonconforming Residential Structures and Uses
The new law provides dramatic benefits to preexisting nonconforming structures and residential uses. Previously, in many instances, a proposed alteration or extension of a nonconforming structure or residential use required discretionary relief in the form of a special permit (or so-called Section 6 finding). Now, such structures or residential uses that do not conform to zoning due to (i) lot size, (ii) lot shape, (iii) lot coverage, (iv) lot frontage, or (v) floor area ratio (FAR) requirements may be extended or altered as of right so long as such extension or alteration also complies with current dimensional regulations regarding height, stories, and setback. This change will fast-track many projects that otherwise would have required permit review.
Zoning Freeze Period Is Extended for Approved Projects
Zoning freezes are temporary exemptions from, or deferrals of, the applicability of zoning amendments.
The zoning freeze provided by the issuance of a building permit has been enhanced in two important ways. First, the zoning freeze is based upon the ordinances or bylaws in place at the time of application for a building permit, not upon the date of building permit issuance. Second, the freeze period has been extended from one year to two years and is based upon the date of entitlement of the last permit required. When other necessary permits are in process, the two-year freeze period is tolled.
As a result, owners, builders, and developers have at least an extra full year of breathing room to begin construction of their approved projects. These recent amendments to the Zoning Act have removed many of the previous obstacles to the construction of residential properties and development projects. If you are considering residential development, commercial development, or any other land use project, our permitting team at Fletcher Tilton PC would be happy to discuss how these recent changes may benefit you.