Bill > S702

This bill amends Section 21 of Chapter 40B of the Massachusetts General Laws, which governs the creation of affordable housing projects, by adding a new paragraph. The key provision is that applications for building low and moderate-income housing units under the comprehensive permit process will no longer be exempt from local rules and regulations that protect environmentally sensitive areas. These protected areas include, but are not limited to, wetlands, watersheds, scenic rivers, marshes, wildlife sanctuaries, and vernal pools. The bill clarifies that following these local environmental protections will not be considered an "uneconomic condition," a term that can sometimes be used to override local zoning. Importantly, local boards will retain the authority to grant waivers for these local bylaws and ordinances if they deem it necessary.