EOHLC Releases Final (Unofficial) ADU Regulations

Following the end of a public comment period that ended earlier this month, the Executive Office of Housing and Livable Communities (EOHLC) has released final regulations related to definitions and details about the administration of the Accessory Dwelling Unit (ADU) provisions of the Zoning Act.  The regulations will become final when they are published in the Massachusetts Register, which is expected to happen at the end of this week.  

The final ADU regulations are largely the same as the draft proposal that was released in December.  Among the changes are:

• Clarification that municipalities cannot restrict occupancy of ADUs to familial relations of the primary residence owner.
• An allowance for municipalities to more stringently restrict the use of ADUs as short-term rentals.
• Prohibition on requirements by municipalities for separate utility or sewer hookups for ADUs unless required by a utility provider.
• Prohibition on the requirement of environmental standards for ADUs that are more stringent than those required of traditional single-family homes.
• Allowance for ADUs in non-conforming structures.
• No minimum lot sizes.
• Dimensional standards and setbacks cannot be more stringent than for primary residences on non-conforming lots.
• Clarification for parking requirements for ADUs located in proximity to bus routes with flag stops. 

In the coming weeks, EOHLC is expecting to release model ADU zoning that can be used as a resource for municipalities.