Executive Office of Housing and Livable Communities Extends Public Comment Period for 40B Regulations to January 31, 2025

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On December 24, 2024, the Executive Office of Housing and Livable Communities (“EOHLC”) extended the public comment period for amendments to 760 CMR 56 (“40B Regulations”) from December 13, 2024 to January 31, 2025 at 5:00 p.m.

The 40B Regulations are promulgated to implement the Massachusetts Comprehensive Permit Law, M.G.L. c. 40B. The proposed amendments are intended to eliminate the interlocutory appeal procedure regarding statutory and regulatory safe harbors.

Among the proposed amendments are: the addition of a new definition, “General Land Area Minimum (GLAM) Inventory;” changes to Methods to Measure Progress Toward Local Affordable Housing Goals; changes to the Computation of Statutory Minima; a requirement that, subject to appropriation, the Department [defined in the draft Regulations as the Department of Housing and Community Development] shall develop a GLAM Inventory; proposed EOHLC Assistance to Communities; and revisions to the Criteria for Housing Appeals Committee Decisions.

Written comments on the proposed regulation may be submitted at any time before 5 pm on January 31, 2025, by sending the same electronically to EOHLCRegulationComments@mass.gov, including “Comments on 760 CMR 56” in the subject line. A copy of the regulation with the proposed amendments is posted on EOHLC’s website.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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