APCC Testifies Before State Legislature

The Massachusetts legislature conducted a public hearing on Tuesday, May 26 to consider two bills that would rewrite state zoning and land use laws. The subjects of the hearing, which were held by the Joint Committee on Municipalities and Regional Government, are the Community Planning Act and the Land Use Partnership Act. APCC will testify at the hearing.

The Community Planning Act, drafted by a state-level Zoning Reform Working Group and filed by Sen. Robert O'Leary, would provide a comprehensive overhaul of the state's Zoning Act, Subdivision Control Law and other planning statutes.The revisions would apply to every Massachusetts city and town with the exception of Boston (which has its own statutes). APCC is a member of the Zoning Reform Working Group.

The Land Use Partnership Act, which is the product of a governor-sponsored task force, seeks to create condensed districts in cities and towns that would generate new housing and economic development. Those towns that elect to participate by creating the districts would receive incentives in the form of additional planning tools not currently available to nonparticipating communities.

APCC has expressed concern over various aspects of the Land Use Partnership Act, which will provide little remedy from some of the more onerous aspects of existing state statutes, and may even undermine the authority of local regulations, including wetlands and septic regulations. APCC is currently working with others on the Zoning Reform Working Group to draft amendments to the Land Use Partnership Act that would correct the problematic language in the bill.

Massachusetts has been described as having among the most outdated and dysfunctional land use laws in the nation, with the last major update to the statues occurring over 30 years ago. In many cases, current state law has been a roadblock to effective local planning, and has helped perpetuate poor local growth management practices that generate sprawl and needlessly consume open space and natural resources.

To read the entire legislation of the APCC supported Community Planning Act click HERE

For a summary of the Community Planning Act click HERE