This month, the Unlocking Housing Production Commission issued a lengthy report, entitled Building for Tomorrow, with recommendations to remove barriers to housing production. The report notes that among the impediments to housing production are inconsistent interpretation and application of state laws, such as the state building code, local environmental regulations that exceed those set by the Department of Environmental Protection (DEP), and cumbersome permitting processes. The Commission suggests adoption of wide-ranging changes that it believes will promote more housing.
Some of the recommendations are aimed at prohibiting requirements commonly found in local zoning bylaws or ordinances, such as:
Elimination of parking minimums for residential use;
Standardize site plan review;
Allow two- and four-family homes by right on all residential lots, with four-family dependent on available municipal water and sewer;
Eliminate minimum residential lot sizes except in environmentally sensitive areas or on excluded lands;
Limit wastewater and wetlands standards to those set by DEP.
Recommendations also include tying receipt of most, if not all, state funds with demonstrated efforts in the areas of housing production and smart growth; phasing out market rate rental units from the Subsidized Housing Inventory, and transferring permitting of large (25+ unit) housing projects from local to regional agencies.
Municipalities will want to track closely any legislative proposals to implement these changes. Consider contacting your state legislators to be involved from the outset with any concerns or comments your municipality may have regarding these recommendations.
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