New 40B regulations

A public hearing has been set on proposed amendments to the 40B housing regulations.  The draft formal notice appears below.  Click here for a draft of the regulations.

Please let me know if you have concerns that you wish me to consider and transmit to DHCD or feel free to communicate directly under the terms of the notice.




Under the provisions of MGL c.30A §2 notice is hereby given of the following proposed action. The promulgation of amendments to DHCD regulation 760 CMR 56.00 – Comprehensive Permit; Low or Moderate Income Housing. These amendments are being proposed under the regulatory authority provided to DHCD under MGL c.23B and MGL c.40B. A public hearing will be held at the following time and location.

Monday, December  21, 2009

10:00 am – 12:00 pm

100 Cambridge Street, 2nd Floor

Boston, MA  02114

At such time and place interested persons will be afforded an opportunity to present data, views, or oral testimony relative to the proposed action.  Written presentations may be made at the hearing or at any time prior to the hearing by directing the same to DHCD, Office of the Chief Counsel, 100 Cambridge Street, Suite 300, Boston, MA  02114 – ATT: 760 CMR 56.00.

Copies of these proposed regulations will be available for inspection on DHCD’s website at under “News & Updates” or at DHCD, 100 Cambridge Street, 3rd Floor, Boston, MA during regular business hours – 8:45 a.m. – 5:00 p.m.

Published by Will Brownsberger

Will Brownsberger is State Senator from the Second Suffolk and Middlesex District.

5 replies on “New 40B regulations”

  1. It was not clear to me the impact of all the changes. Only one change stood out. If I interpreted the document correctly, all proposed changes are in colors other than black and the only change relevant to those with environmental concerns regarding 40B developments is the following:

    A condition imposed by the Board to decrease the number of units in a Project by 5% or more shall create a rebuttable presumption that the Developer will not be able to achieve a reasonable return, and shall shift both the burden of producing evidence and the burden of persuasion from the Developer to the Board on the Uneconomic issue in 760 CMR 56.07(2)(3).

    The Board is the “local zoning board of appeals.” I think this would make it harder for Belmont’s Zoning Board of Appeals to question the development of the Belmont Uplands. I think proof the Belmont Uplands development or any other development for that matter is not an undue burden on the environment should be up to the developer, not anyone else.

    1. Yes, I think most of the changes pertain to the profit issue.

      The point you make though is well taken. In my view the burden of persuasion on economic issues should remain on the developer because the developer has much more access to information about cost.

      1. There are pending 40B reg changes, but they are currently being reworked based on the comments from the hearing in December. DHCD could not say when the finalized changes would be announced.

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