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MEPA Updated Regulations: Comments Accepted Until Nov. 10th
Last month, the Governor announced proposed reforms to the Massachusetts Environmental Policy Act (MEPA) review process, including new draft regulations that will speed up environmental review times from 1 year or more down to 30 days. The shortened review period is intended to reduce the cost of housing development.
The proposed changes come in response to the recommendations laid out in the Unlocking Housing Production Commission’s final report, Building for Tomorrow, which was released earlier this year. Specifically, the report recommended that the state identify opportunities to expedite housing developments under MEPA, while still maintaining environmental safeguards and community engagement.
Housing developments that meet the qualifying criteria will be able to move quickly through review by the Massachusetts Environmental Policy Act (MEPA) Office. Rather than requiring developments to undergo a detailed Environmental Impact Report (EIR), the proposed regulations will allow qualifying housing developments to complete MEPA review with only the simpler Environmental Notification Form (ENF), reducing the review process down to 30 days. Requirements for advance notice and community outreach will still be maintained.
To qualify for the streamlined process, housing developments must meet the following criteria:
- At least 67 percent of a project must be for a residential purpose, with the remainder being used for related commercial uses.
- Must meet certain unit per acre thresholds for different types of housing.
- Projects may alter up to 5 acres of undeveloped land, or up to 10 acres with a tree preservation and replanting plan while avoiding priority habitat, prime farmland, and carbon rich forest.
- All new developments must be constructed outside the current floodplain and other highest hazard areas, and redevelopment projects must build outside highest hazard areas and follow resilient design principles.
- Projects must comply with energy efficiency standards set out in the stretch code.
- There must be enough water supply, wastewater capacity, and energy infrastructure to support the project.
- Developments must limit the extent of new traffic, with higher thresholds if located near transit.
Comments and public feedback on the draft regulations are being accepted until 5 PM on November 10th, 2025. Click here for more information.
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