12/12/2024

Update on ADUs from MassDEP

MHOA is sharing this information from MassDEP that may be of interest to members. Please contact MassDEP with questions.

Dear MHOA Leadership and Members,

MassDEP recognizes the significance of the recently passed Affordable Homes Act (AHA), Chapter 150 of the Acts of 2024, on the responsibilities of Boards of Health.  The AHA incentivizes Accessory Dwelling Units (ADUs) as one mechanism to address the housing shortage in the Commonwealth.  MassDEP is developing guidance on Title 5 approval of ADUs authorized by the AHA for use by Boards of Health and the public.  We intend to have this guidance available prior to the effective date of Section 8 the AHA which is February 2, 2025.  In addition to the guidance, MassDEP intends to address questions submitted to us by Boards of Health through a Frequently Asked Questions (FAQ) document.  The FAQ will be a living document that may be amended from time to time to address additional questions as they arise.

MassDEP invites MHOA members to submit questions for MassDEP’s consideration and response. Questions should be directed to Andrea Briggs at andrea.briggs@mass.gov 

When submitting questions, please provide contact information of the person submitting the question in the event clarification of the submitted question is needed.  Please be aware that MassDEP cannot provide legal opinions on municipal ordinances or by-laws.  Municipal Counsel should be consulted for questions involving the effect of the AHA on municipal ordinances or by-laws.

Thank you, Lealdon Langley, Director, Division of Watershed Management, MassDEP