Beacon Hill Faces New Housing Choice

Legislators are in the closing stages of a multi-billion-dollar housing finance and policy bill. But the state’s housing situation calls for more action. iStock illustration

A YIMBY tide is rolling across the nation.

And the only question for Massachusetts is whether it will ride it willingly or get dragged along kicking and screaming in its wake.

Right now, it’s looking more like the latter rather than the former.

a small but growing number of communities has rejected the MBTA Communities law outright, while a larger, but unknown number are looking to comply on paper but in ways that could make it difficult for developers to build new apartments, homes and condominiums.

One positive exception is the pending approval of statewide rules that are expected to enable hundreds if not thousands of local homeowners to add granny flats, also called accessory dwelling units.

Both the state House of Representatives and Senate included measures legalizing ADUs on many single-family lots statewide in their versions of Gov. Maura Healey’s housing bill over protests from local officials. They also preempted some of the most common kinds of back-door bans municipalities like, such as unreasonable parking requirements.

It’s not over until the conference committee reports back and the governor signs the law, however this one looks like an increasingly sure bet.

And  make no mistake: Zoning reform is here to say, both locally and nationally.

Elected leaders, economists and developers have all identified one of the biggest factors behind America’s ever-crazier prices and rents.

That, of course, is the role played by obstructionist local zoning regulations, from one-acre lot minimums for new homes to height restrictions and demands for large amounts of parking for new apartment buildings.

States across the country are trying out a range of new ideas and elected leaders in Massachusetts, from the governor on down to local planning board members, would profit from paying a little attention to what’s happening beyond our borders.

From banning parking minimums to legalizing six-plexes on many lots, many other states are charting a more ambitious housing path than Massachusetts. iStock illustration

Look West, Governor

Western states and cities have been some of the most active when it comes to zoning reform.

State lawmakers in Washington last year passed a bill aimed at reviving the construction of homes and apartments in the missing middle of the market, according to the National Conference of State Legislatures.

The new law eases up local regulations and paving the way for everything from more duplexes right up to six-plexes.

Oregon now bars local cities and towns from requiring parking and minimum street frontage, among other things, in applications for new development projects.

Montana, which has seen a flood of people fleeing California for the state of wide expanses and lower prices, now offers up a whole menu of options for communities to pick from when it comes to boosting housing production and bringing down prices and rents, NCLS reports.

These include both enabling more density in new developments and giving a green light to accessory dwelling units.

Shot Clocks and Single-Point Access

In Texas, local officials have 15 days to respond to permit applications by developers for new projects. If they blow past the deadline, the builders can team up with a licensed third party to obtain the required permits and inspections.

Virginia has directed state officials to study whether only one staircase is needed in 4- to 6-story buildings, which could allow the construction of more units on smaller lots.

Closer to home, Maine has created a single permitting process/application for affordable housing projects, while Rhode Island is cracking down on delays in court cases involving zoning and development disputes, according to the NCLS.

Scott Van Voorhis

All of which demonstrates that there is much more that Massachusetts could be doing when it comes to leveling the barriers holding back new home construction.

And despite the pushback by some communities against the MBTA Communities Act, the Healey administration and legislative leaders need to consider going more, not less, when it comes to zoning reform.

In late January, Healey swore in members of two newly created groups formed to explore zoning and other housing market reforms: the Housing Advisory Council and the Commission on Unlocking Housing Production.

The two panels are made up of a mix of developers, nonprofit housing execs, and state and local officials.

So, it will be key to see what they propose and how vigorously the Healey administration pursues their recommendations.

Stay tuned.

Scott Van Voorhis is Banker & Tradesman’s columnist and publisher of the Contrarian Boston newsletter; opinions expressed are his own. He may be reached at [email protected].