The Executive Office of Housing and Livable Communities (“EOHLC”) recently sought public comment on proposed changes to its rules governing accessory dwelling units (“ADUs”) in Massachusetts.
These rules, which HLC first adopted in 2025, seek to ensure that homeowners across the Commonwealth can exercise their legal right to build ADUs on residentially zoned land. Achieving that goal is key because increasing ADU supply is a straightforward way to expand lower-cost housing options.
With that in mind, CHAPA submitted a public comment on HLC’s proposal last week. We broadly support the proposed changes because many of them: (1) give homeowners greater flexibility to design ADU projects that meet their individual needs; and (2) set clearer limits on municipal ADU restrictions. Some of the most important changes for protected use ADUs include:
- Adjusting gross floor area rules to boost size allowance and dwelling space;
- Preventing localities from exceeding state/federal regulations in some areas;
- Prohibiting mandates for unneeded + expensive utility/septic configurations;
- Requiring site plan review requirements for ADUs to be written;
- Listing “accessory structures” that set a lenient dimensional floor for ADUs;
- Specifying the kinds of local fees that are off limits in the ADU context.
Additionally, CHAPA supports a new provision allowing municipalities to impose affordable housing restrictions on ADUs where they provide financial assistance or donate land for a project. This launches a new tool to create affordable housing that we badly need. And limiting the tool to these narrow situations strikes a good balance between promoting affordability and preserving the ADU use protection.
The public comment period closed on 10/9. HLC must now review and consider recommendations from the public comments before it can implement any final changes.