Chapter 40B

For more than 20 years, MHP has encouraged suburban communities to take a more active role on affordable housing. Part of this effort has involved working to strengthen the hand of local officials in reviewing applications for Chapter 40B comprehensive permits.

MHP's 40B technical assistance program, which provides consultants to local zoning boards of appeal to help review comprehensive permits, is one example. To read more about this program, click here.

The following are the most recent materials MHP has gathered relating to 40B.

Local 40B Review & Decision Guidelines (November 2005)

These guidelines were developed by MHP to help zoning boards of appeal review applications for comprehensive permits. In 2008, DHCD updated the Chapter 40B regulations and then issued accompanying guidelines. These updates take legal precedence over the MHP guidelines.

The appendix in the MHP guidelines can still be instructive in the 40B process. The guidelines include formulas and benchmarks approved by DHCD, MHP, MassHousing, and MassDevelopment that can be used by ZBA’s and developers to determine whether permit conditions make a 40B project economic.

Chapter 40B Task Force Findings (updated, May 30, 2003)

Findings and recommendations of Governor Mitt Romney's Chapter 40B Task Force. The report is intended to guide the state legislature as it considers 68 bills filed regarding changes to 40B. MHP Executive Director Clark Ziegler served on the task force.

Chapter 40B explainer (updated, April 2003)

Land use lawyer and consultant Edith M. Netter provides a clear and concise explainer on Chapter 40B's purpose and the permitting process, and also offers practical tips for zoning boards of appeals.

Chapter 40B Q&A

For those new to the issue, here are some frequently asked questions and answers about Chapter 40B, the state statute also known as the Comprehensive Permit Law.

More Chapter 40B information

The state Department of Housing and Community Development has more information about Chapter 40B, including rules and regulations. Another source for 40B information is the Citizen's Housing and Planning Association. To see the CHAPA web site, click here