Definitions

Additional Municipal Standards. A Municipal environmental or health ordinance, agreement, bylaw, or regulation that exceeds the minimum requirements of applicable state law, regulation, or guidelines. Approved District. A District for which Starter Home Zoning has been adopted by a Municipality and for which a Letter of Approval has been issued by EOHLC, in accordance with M.G.L. c. 40Y and 760 CMR 69.00, subject to any conditions established by EOHLC. As-of-right. Housing development allowed under the Underlying Zoning (including any overlay zoning) or Starter Home Zoning without recourse to a special permit, variance, zoning amendment, discretionary waiver, or other form of zoning relief. Units that require Site Plan Review pursuant to the Starter Home Zoning shall be considered As-of-right, subject to review and approval by EOHLC of any Municipal 40Y regulations, guidelines, forms or application materials, or other requirements, including any Additional Municipal Standards, applicable to review of Projects by the Plan Approval Authority under 760 CMR 69.00. Bonus Unit. A Starter Home developed as part of a Project within a District in excess of the number of Existing Zoned Units for the same parcel. Units proposed or developed under a comprehensive permit pursuant to M.G.L. c. 40B shall not qualify as Incentive or Bonus Units. Capital Funds. Monies required by law to be used for capital expenditures including, without limitation, for acquisition, rehabilitation, and construction of real and personal property, including items such as environmental remediation, park improvements, drainage and irrigation projects, and deferred maintenance projects. A determination of what constitutes capital expenditures is subject to any regulations and guidance issued by the Department of Revenue. EOHLC may issue additional guidance to assist Municipalities, but in the event of any conflict between EOHLC's guidance and Department of Revenue's regulations or guidance, Department of Revenue's regulations or guidance, as applicable, will govern. Certificate of Revocation. A certificate issued by EOHLC to a Municipality pursuant to 760 CMR 69.06(2) if, after an adjudicatory hearing or the waiving of such hearing by the municipality, EOHLC determines that the Municipality is in substantial noncompliance with M.G.L. c. 40Y and 760 CMR 69.00. (Mass. Register #1569, 03/13/2026) Dedicated Open Space. Dedicated Open Space shall include, but not be limited to, land to protect existing and future well fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest land, fresh and saltwater marshes and other wetlands, ocean, river, stream, lake and pond frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature preserve and land for recreational use. Design Standards. Reasonable provisions of, or regulations adopted pursuant to, Starter Home Zoning, which are made applicable to Projects within the District, and which may address the scale and proportions of buildings, the alignment, the width and grade of streets and sidewalks, the type and location of infrastructure, the location of building and garage entrances, off-street parking, the protection of significant natural site features, the location and design of on-site open spaces, exterior signs and buffering in relation to adjacent properties, provided such Design Standards have been approved by EOHLC. Developable Land. All land within a District that can be feasibly developed for one or more Projects, which may include Underutilized Land. Developable Land shall not include: (a) Substantially Developed Land, including Dedicated Open Space within such Substantially Developed Land; (b) The rights-of-way of existing public streets, ways, and transit lines, and, subject to EOHLC approval, new public and private roadways that would be necessary to meet minimum applicable requirements under Municipal law including the proposed Starter Home Zoning and, to the extent applicable within the proposed District, Municipal subdivision control requirements; (c) Land currently in use for governmental functions (except to the extent that such land qualifies as Underutilized Land); or (d) Areas exceeding ½ acre of contiguous land that are: 1. protected wetland resources (including buffer zones) under federal or state laws plus any additional areas that are protected wetlands resources (including buffer zones) under applicable Additional Municipal Standards, if any, but not federal or state laws; 2. rare species habitat designated under federal or state law, unless granted an exception consistent with requirements established by the Massachusetts Executive Office of Energy and Environmental Affairs and the Department of Fish and Game that all or part of such areas can accommodate development consistent with the proposed 40Y District; 3. characterized by steep slopes with an average gradient of 15% or more; or 4. subject to any other Municipal ordinance, by-law, or regulation that would prevent the development of Projects at the As-of-right residential densities set forth in the 40Y District. District. A zoning district within a Municipality, of reasonable size, that is subject to Starter Home Zoning. A District may be base zoning that replaces the previous base zoning, or overlay zoning superimposed over one or more zoning districts (as defined by the Underlying Zoning). Within a District, the Starter Home Zoning shall allow residential Projects As-of-right, and, subject to EOHLC review, it may also permit Mixed-use Development Projects As-of-right. Within the boundaries of a District, a developer may elect to develop a Project in accordance with the requirements of the Starter Home Zoning, or undertake development in accordance with requirements of any Underlying Zoning that remains available. EOHLC. The Massachusetts Executive Office of Housing and Livable Communities. Existing Zoned Units. For a given parcel or area of Developable Land within a District, the maximum number of housing units that could feasibly be developed As-of-right under the Underlying Zoning, including any overlay zoning, in effect prior to the adoption of Starter Home Zoning. The calculation of Existing Zoned Units shall take into consideration any existing, or recently demolished housing units within a District regardless of whether they could be developed As-of-right under currently applicable Underlying Zoning if such housing could nonetheless be rebuilt by-right as, for example, lawfully nonconforming existing housing units. Accessory dwelling units shall not be counted as Existing Zoned Units unless they are actually constructed. Future Zoned Units. For a given parcel or area of Developable Land within a District, the maximum number of housing units that could be developed As-of-right under the Starter Home Zoning. Heated Living Area. Shall include all conditioned area, which is that area within a building provided with heating and/or cooling systems or appliances capable of maintaining, through design or heat loss/gain, 68°F (20°C) during the heating season and/or 80°F (27°C) during the cooling season, or has a fixed opening directly adjacent to a conditioned area. See 780 CMR 5202. Historic District. A district in a Municipality characterized by the historic and or architectural significance of buildings, structures, and sites, and in which exterior changes to and the construction of buildings and structures are subject to regulations adopted by the Municipality pursuant to M.G.L. c. 40C. Incentive Units. For a given parcel or area of Developable Land within a District, the number of Future Zoned Units, less the number of Existing Zoned Units for the same parcel or area of land, provided that the number of Incentive Units may be increased by the amount, if any, by which the number of housing units actually developed under the Starter Home Zoning exceeds the difference between the number of Future Zoned Units and the number of Existing Zoned Units for the same parcel or area of land, provided that M.G.L. c. 40Y may not be used in a manner that attempts to circumvent the eligibility requirements of M.G.L. c. 40R, and at its discretion, EOHLC may further limit the number of Future Zoned Units that qualify as Incentive Units where the As-of-right density is consistent with the requirements of M.G.L. c. 40R but the Starter Home Zoning District would not otherwise satisfy the requirements of M.G.L. c. 40R. Infrastructure. The basic facilities, services, and installations needed for the functioning of the area of the Municipality within which the District is to be located, including but not limited to transportation facilities, public and private facilities for storm water transport, treatment and disposal, and power supply and distribution and telecommunications. Infrastructure shall not be required to include public sewer and/or public water supply. Income-restricted and Income-restriction. A housing unit will be considered Income-restricted for the purposes of 760 CMR 69.00 if: (a) It is subject to an EOHLC-approved affordable housing restriction, as defined in M.G.L. c. 184, § 31, with a term of no less than 30 years; and (b) For a rental unit, it is affordable to and occupied by individuals and households whose annual income is less than 110 percent of the area median income as determined by the United States Department of Housing and Urban Development, and the monthly rent plus a reasonable allowance for applicable utilities is less than or equal to 30% of 1/12 of the area median income. (c) For a homeownership unit, the purchaser is required to be an individual or household whose annual income is less than or equal to 110% of the Area Median Income and the maximum sale price at initial sale and resale is required to be less than or equal to the maximum purchase price limit which meets the standards set out in guidance issued by EOHLC. Letter of Approval. A letter issued by EOHLC to a Municipality upon the proof of adoption of its Starter Home Zoning for a District, confirming final approval, subject to any applicable conditions, of a District under and in accordance with M.G.L. c. 40Y and 760 CMR 69.00. Letter of Denial. A letter issued by EOHLC to a Municipality, finding that a proposed District would not meet the approval requirements set forth in 760 CMR 69.03(3), and informing the Municipality of the deficiencies in its Starter Home Zoning Application. Letter of Eligibility. A letter issued by EOHLC to a Municipality, finding that a proposed District would meet the approval requirements set forth in 760 CMR 69.03(3). Letter of Noncompliance. A letter from EOHLC finding that a Municipality has failed to demonstrate compliance with M.G.L. c. 40Y and 760 CMR 69.00, and that EOHLC intends to issue a Certificate of Revocation to the Municipality. A Letter of Noncompliance may establish conditions and deadline for a Municipality to correct the identified reasons for noncompliance. Mixed-use Development. Solely for purposes of M.G.L. c. 40Y and 760 CMR 69.00, a Project containing a mix of Starter Homes with accessory commercial, or other non-residential uses as may be approved by EOHLC. Municipality. Any Massachusetts city or town. Permitted Use Restriction. A restriction on any person who owns or leases a Starter Home related to its use, which shall include restrictions on short-term rentals as defined in M.G.L. c. 64G and similar use restrictions as may be allowed in Seasonal Communities pursuant to St. 2024, c. 150, § 32. Plan Approval Authority. A unit of Municipal government designated by the Municipality to review Projects and issue approvals under M.G.L. c. 40Y, § 4. Production Bonus Payment. A one-time payment to a Municipality for each Bonus Unit within a District for which a starter home has been created and for which EOHLC has determined that the applicable Income-restriction requirements have been met. Prohibited Occupancy Restriction. A restriction on ownership, leasing, or occupancy of a Starter Home based on a protected class under state or federal law such as race, national origin, religion, disability, age, sexual orientation, or gender identity, and on other criteria, as may be determined by EOHLC, such as familial relationship and ownership status. Prohibited Occupancy Restrictions shall not include restrictions based on an Income-restriction. Project. A Starter Home development or Mixed-use Development undertaken within a District pursuant to the approval of a Plan Approval Authority in accordance with the requirements of the Starter Home Zoning. Render Development Infeasible. To prevent or make physically or economically impracticable the development of residential or Mixed-use Development Projects at the As-of-right residential density set forth in- the Starter Home Zoning. Site Plan Review. The standards and procedures by which a proposed Project within a District is made subject to review under the provisions of the Starter Home Zoning, in accordance with M.G.L. c. 40Y, § 4 and 760 CMR 69.00. Start of Construction. With respect to an Approved District, the commencement of construction activity, such as the pouring of foundations or footings, utility relocation, or the remediation of hazardous materials within an Approved District on a Project or on a Planned Infrastructure upgrade identified in the Municipality's Starter Home Zoning Application, provided that such construction is continued through to completion of a Project. Starter Home. A single-family home, either attached or detached, not exceeding 1,850 square feet in Heated Living Area, not including any associated Starter Home Accessory Dwelling Unit. Starter Home Accessory Dwelling Unit. For the purposes of a District, a dwelling unit, not exceeding 600 square feet of Heated Living Area, on the same lot as a Starter Home. Starter Home Zoning. The Municipal underlying or overlay zoning requirements adopted or changed by amendment by the Municipality pursuant to M.G.L. c. 40Y § 2, in accordance with the procedures for zoning adoption and amendment set forth in M.G.L. c. 40A, § 5, and other applicable laws, for communities other than the City of Boston, including but not limited to M.G.L. c. 39, § 10, M.G.L. c. 40, §§ 32 & 32A, and the local municipal charter, or by other applicable law in the case of the City of Boston, and approved by EOHLC, which provide for the development of Starter Homes pursuant to M.G.L. c. 40Y and 760 CMR 69.00 and in accordance with EOHLC guidance. Starter Home Zoning may include residential uses and structures customarily incidental and accessory to Starter Homes and/or may include a Mixed Use Development, including by illustration but not limited to, a management/leasing office, a mail/package room, amenity space for uses such as bicycle repair and storage, fitness center, multipurpose community space, resident workspace; outdoor common area spaces, such as a clubhouse, pool, dog park, courtyard, trails and associated structures utilities, an on-Site generator, utility transformer as may be located as required by utility companies, recreational open space, parking, signs, school bus stop area, and other accessory appurtenant uses and improvements customary incidental to such residential uses. Starter Home Zoning Application. An application for a preliminary determination of eligibility of a proposed Starter Home Zoning District submitted by a Municipality to EOHLC pursuant to 760 CMR 69.04(1). Substantially Developed Land. As determined by EOHLC, land within a District that is currently used for commercial, industrial, institutional, or governmental use, or for residential use consistent with or exceeding the densities allowable under the Underlying Zoning, and which does not qualify as Underutilized Land. Any land located within a Historic District shall be presumed to be Substantially Developed, unless the Municipality can show that all or a portion of such land qualifies as Developable Land. Sustainable Development Standards. Provisions approved by EOHLC and applicable under the Starter Home Zoning, including, but not limited to, requirements that new development projects: (a) minimize site disturbance to the greatest extent practical, (b) permanently preserve undeveloped open space to the greatest extent practicable, and (c) collect and manage storm water runoff in accordance with low impact development practices. Underlying Zoning. The Municipal zoning requirements adopted pursuant to M.G.L. c. 40A, or in the case of the City of Boston, other applicable law, that are otherwise applicable to the geographic area where a District is located or proposed. The Underlying Zoning shall include all zoning including existing overlays applicable to such geographic area and shall not be limited to the base zoning layer. EOHLC may consider the Underlying Zoning in existence up to one year before the Starter Home Zoning Application when calculating Existing Zoned Units. Underutilized Land. As determined by EOHLC, Developable Land within a District that would otherwise qualify as Substantially Developed Land, consistent with guidance issued by EOHLC, but which: (a) is characterized by improvements that have a marginal or significantly declining use, as measured by such factors as vacancy rates, extent of operation, current and projected employment levels, market demand for the current uses or the uses to which the existing improvements could readily be converted, low value of improvements in relation to land value, and low floor area ratio in relation to the floor area ratio that would be permitted under the applicable Underlying Zoning; and (b) as demonstrated by existing or anticipated market conditions, may have reasonable potential to be developed, recycled, or converted into residential or Mixed-use Development. Unreasonably Impair. To add unreasonable costs or unreasonably diminish the economic feasibility of proposed Projects in a District by means of a provision of Starter Home Zoning or a Design Standard, as may be determined by EOHLC. Zoning Incentive Payment. A one-time payment to a Municipality for Incentive Units that, subject to any conditions imposed by EOHLC, is made after issuance of a Letter of Approval authorizing such payment.