Chapter 40B is a state statute that encourages the development of low- and moderate-income housing by providing a streamlined permitting process and relief from local zoning requirements. Also known as the Comprehensive Permit Law, Chapter 40B was enacted in 1969 to help address the shortage of affordable housing in Massachusetts. The law requires that at least 20-25 percent of units in a development have long-term affordability restrictions. Under Chapter 40B, the local Zoning Board of Appeals (ZBA) is the permit granting authority. The ZBA must review and make decisions (approve, approve with conditions, or deny comprehensive permits) in a public hearing setting. The State Housing Appeals Committee hears appeals for projects in communities that have less than 10 percent of their housing affordable to low- and moderate-income households.

For a current list of Comprehensive Permits, please click HERE

Resources

• 40B Fact Sheet
• Fair Housing Policy
• Commonwealth of Massachusetts: Chapter 40B Planning
• Newton Zoning Board of Appeals Webpage

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