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SD 36

An Act simplifying inclusionary zoning

194th Legislature (2025-2026) Introduced by Lydia Edwards

Mandates inclusionary zoning with an affordability cap of 13% and requires a density bonus, guiding municipalities with state-issued guidelines.

House concurred
0
WeVote Research Nonpartisan
Bill Summary · SD 36

Summary: SD 36 — An Act simplifying inclusionary zoning

Overview

This proposed Massachusetts bill, introduced February 27, 2025 as Senate Docket No. 36 and titled “An Act simplifying inclusionary zoning,” amends the Zoning Act (Chapter 40A). The core goal is to codify a streamlined framework for inclusionary zoning by establishing a clear affordability ceiling and requiring a density bonus, with guidance to be issued by the state’s housing agency.

Key Provisions

  • Adds a new paragraph (5) to Section 5 of Chapter 40A (as appearing in the 2022 Official Edition).
  • Allows inclusionary zoning ordinances or bylaws that require not more than 13 percent of housing units to be affordable.
  • Mandates that such ordinances/bylaws must:
    • Not unduly constrain the production of housing in the impacted area.
    • Require a density bonus for development within the inclusionary zoning framework.
  • Directs the Executive Office of Housing and Livable Communities (EOHLC) to issue guidelines or promulgate regulations consistent with the new paragraph.

Scope and Impact

  • Applies to municipalities and regional planning jurisdictions that use or adopt inclusionary zoning.
  • Affects developers and property owners in areas covered by inclusionary zoning, by linking affordability requirements with a density bonus.
  • Establishes a state-regulated standard while allowing local adoption within the 13% cap.

Regulatory Framework

  • The EOHLC is empowered to issue guidelines or regulations to implement and operationalize the new paragraph, helping ensure consistent application across communities.

Procedural Timeline

  • Introduced: February 27, 2025.
  • Senate Docket: No. 36; filed January 6, 2025.
  • Status: House concurred on February 27, 2025.
  • Next steps: Referred to the Committee on Municipalities and Regional Government for consideration and potential amendments.

Potential Implications

  • Provides a uniform, lower bound for affordable housing requirements within inclusionary zoning (capped at 13%).
  • Ties affordability to a density bonus, potentially increasing development yield in exchange for affordable units.
  • Seeks to balance housing production with affordability by prohibiting undue constraints on development.
  • Creates a state-guided pathway, reducing local ambiguity while preserving municipal discretion within the 13% cap.

Note on Status

As of the latest action, the bill has House concurrence and has been referred to the Committee on Municipalities and Regional Government for further consideration.

Compiled from official sources — confirm details with the bill’s official record.

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