EOHLC Issues Regulations for Starter Home Zoning Districts

The Legislature enacted in 2022 G.L. c. 40Y, which invites municipalities to adopt a starter home zoning district. The Executive Office of Housing and Livable Communities (EOHLC) was charged with issuing regulations to implement the new law. It did so, by issuing 760 CMR 69.00 after public comment. The regulations are now in effect. 

The zoning district must receive a letter of eligibility from EOHLC before it is adopted by the municipality.  The letter confirms that the proposed district complies with the statutory and regulatory requirements for such a district. To be eligible, the district cannot exceed 15% of the municipality’s total land area, avoid splitting existing parcels, require at least 50% of the units in the district to have three or more bedrooms, and contain minimum density of four units per acre. Projects of 12 or more units must include affordable units. The municipality may adopt design standards, may allow for mixed-uses, and may require site plan review. Adoption of the zoning district is by majority vote and must be voted on within three years of the date of the Letter of Eligibility.  

A letter of approval from EOHLC will qualify the municipality for zoning incentive payments under G.L. c. 40R, § 9. In addition, a municipality may receive a payment of $3,000 as a one-time Production Bonus Payment for each Bonus Unit, defined as units above the number of Existing Zoned Units for the same parcel. However, units produced as part of a G.L. c. 40B comprehensive permit are not eligible for a Production Bonus Payment.  

As a reminder, what is a Starter Home? It is a single-family residence, attached or detached, of no more than 1,850 square feet of Heated Living Area. Starter Homes may have Accessory Dwelling Units, but the ADU is not included in the computation of the Starter Home’s square footage.