Draft MEPA regulations aim to streamline environmental review for housing in Massachusetts

Yesterday Governor Maura Healey announced draft regulations that would shorten the state’s environmental review timeline for many housing projects from over a year to just 30 days. The proposal, released on September 9, would allow qualifying developments to bypass the lengthy Environmental Impact Report process and instead complete review with only the shorter Environmental Notification Form. Healey described the change as a game changer, arguing that it will cut red tape, lower costs, and help accelerate housing production across Massachusetts.

To qualify for the thirty-day review, a project must meet a detailed set of conditions. At least 67% of the project must be dedicated to residential use, with supportive commercial functions such as retail or childcare permitted. The project must also meet minimum density thresholds, which vary depending on the type of housing: 8 units per acre for single-family, 12 for two- or three-family, and 15 or more for multifamily developments. Limits are also placed on the alteration of undeveloped land, with a maximum of 5 acres or up to 10 acres if a tree preservation and replanting plan is included. Projects cannot be sited in the state’s highest flood or erosion hazard zones unless they involve redevelopment that complies with strict flood-resistant design standards.

In addition to location and density rules, the proposed regulations tie faster review to environmental performance. Projects must comply with the Massachusetts Stretch Energy Code for energy efficiency, avoid the need for new gas mains or major water transfers, and keep traffic generation below 3,000 daily trips, or up to 6,000 if the site is located near public transit and offers safe access.

The proposal also introduces several other streamlining measures. Single-family homes that only require a wetlands permit from the Department of Environmental Protection would no longer trigger a full MEPA review. Urban renewal plans and similar planning initiatives that do not propose specific development would only undergo the shorter 30-day review. Certain ecological restoration efforts, such as dam removals and cranberry bog restoration, would also be placed on an expedited track, reflecting their overall environmental benefits.

Protections for environmental justice communities remain an important part of the proposal. Projects within these areas will still be subject to stricter notice and outreach requirements, including 45 days’ advance notice and translation services, and the Secretary of Energy and Environmental Affairs will retain authority to require a full review when warranted.

The draft regulations are open for public comment until October 31, with three virtual hearings scheduled in mid-October. If adopted, the changes would represent one of the most significant updates to the MEPA process in years, aiming to balance faster housing approvals with continued safeguards for environmental protection.