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July 10, 2026 | Legal Advisory

On July 9, 2026, Governor Maura Healey signed the FY 2027 budget bill into law. The FY 2027 budget included several significant zoning reforms designed to facilitate the production of housing in Massachusetts.

Big Changes to Variances

Most significantly, the budget bill makes several significant changes to all variances, and makes those related to housing production even easier. Variances have long been difficult to obtain in Massachusetts, requiring a showing of significant hardship, which also made them more vulnerable to appeals. Even if a variance was successfully obtained, it expired after one year and could only be extended once, for six months. Now, rather than showing hardship, a variance applicant must show that “strict enforcement of the ordinance or by-law would result in practical difficulty.” The prior required showings have been replaced with a new series of factors for the zoning board to consider, including the need for housing: “the permit granting authority shall weigh the benefits to the appellant or petitioner and to the public interest, including the interest in supporting the production of housing against the detriment to the public health, safety and welfare of the neighborhood, and may also consider: (i) whether the practical difficulty relates to soil conditions, have or topography of such land or structures; (ii) whether strict enforcement would impose a financial hardship on the appellant or petitioner; (iii) whether the benefit sought by the appellant or petitioner can be achieved by some other method feasible for the appellant or petitioner to achieve; and (iv) whether the practical difficulty was self created.”

The bill also extends the period a variance is valid for to two years and excludes both the time necessary to pursue other entitlements to construct the project, and the time to await the determination of an appeal. The exclusion of the time necessary to pursue other permits has the potential to significantly extend the two-year lapse period, though will likely complicate keeping track of when variances lapse. The zoning board is also now empowered to grant a further two-year extension of that two-year lapse period so long as the application is filed prior to the variance’s expiration.

Finally, though a municipality still has to expressly allow use variances for other types of uses, use variances for residential are now authorized by statute and do not require a municipal opt-in.

Notice Requirement Modernization

Sections 5 and 11 of chapter 40A previously required that notice of a hearing be given by (1) posting at town hall, (2) publication in a newspaper, and (3) certified mail. The change to the law now allows notice to be sent alternatively by electronic mail in lieu of certified mail. This has the potential to benefit both permit applicants by reducing costs and abutters entitled to notice as they may receive it sooner and more reliably. The success of this provision will depend on whether a municipality is able to supply e-mail addresses from its assessing list and certify them.

Zoning Freeze Protections

Previously, a project was protected from subsequent zoning changes only if a building permit or special permit issued before the first publication of notice of a zoning change. The budget bill now insulates a permit applicant from subsequent zoning changes if a special permit, building permit, or any other entitlement under chapter 40A has been lawfully applied for. Because of the long lead time in developing permitting plans and submittals, this provision creates greater certainty for permit applicants who no longer have to worry about zoning changes that occur in the middle of an entitlement process.

The bill also extends the zoning freeze granted by the issuance of a building permit to 24 months from 12 months and tolls that 24-month period for the time necessary to pursue other entitlements.

Greater Protections for Nonconformities

The budget bill modifies Section 6 of chapter 40A to allow pre-existing nonconforming structures or residential uses that do not conform to zoning because of lot size or shape, frontage, lot coverage or floor area ratio requirements to be extended or altered as of right without the need for a finding by the special permit granting authority if the extension or alteration complies with current dimensional regulations regarding height, stories and setback.

Previously, nonconforming uses and structures that were abandoned or not used for a period of two years or more could become subject to current zoning requirements if a municipality so chose. The new law extends the period of protection from abandonment to four years.

This advisory was prepared by Valerie Moore, Matt Snell, and Jim Ward in Nutter’s Real Estate Department. For more information, please contact the authors or your Nutter attorney at 617.439.2000.

This advisory is for information purposes only and should not be construed as legal advice on any specific facts or circumstances. Under the rules of the Supreme Judicial Court of Massachusetts, this material may be considered as advertising.