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Massachusetts Gov. Maura Healey pitches expedited environmental review times for housing projects

Chris Van Buskirk, Boston Herald on

Published in News & Features

BOSTON — Gov. Maura Healey released proposed regulations Tuesday that attempt to cut down environmental review times for housing projects from one year to 30 days, a move the first-term Democrat said would be a “game changer for permitting times and costs to build housing.”

Healey pitched the draft regulations as a “nation-leading” effort that would make it faster and easier to build homes in Massachusetts and bring down housing costs for all residents. Home prices have skyrocketed in the state since the pandemic amid a shortage of units.

“It’s our job to make sure government moves at the speed of business, and cutting these regulations will reduce review times from more than a year to 30 days and supercharge the building of homes across Massachusetts,” Healey said in a statement.

Projects would need to meet a set of seven criteria to be able to move quickly through a review by the Massachusetts Environmental Policy Act Office.

If the projects do pass muster, developers can file a shorter environmental notification form rather than a detailed environmental impact report. That change, according to the Healey administration, could bring review processes down from one year or more to just 30 days.

Housing Secretary Ed Augustus said a housing shortage in Massachusetts is driving up costs.

“Today’s proposals would reaffirm vital environmental protections while building more homes faster. This means more options for renters and homebuyers and greater affordability for residents across the state,” he said in a statement provided by Healey’s office.

In order to qualify for the sped up review, housing developments must have at least 67% of their project slated for a residential purpose, with the remainder tagged for commercial uses; meet certain unit per acre thresholds for different types of housing; and comply with specific energy efficiency standards.

New developments must also be constructed outside of floodplains and other highest hazard areas, and redevelopment projects must build outside the highest hazard areas and follow “resilient design principles,” according to the Healey administration.

 

Projects must have enough water supply, wastewater capacity, and energy infrastructure; limit the extent of new traffic, with higher thresholds if located near transit; and could only alter up to five acres of undeveloped land or up to 10 acres with a tree preservation and replanting plan.

Michael Cantalupa, chief development officer at real estate developer The Davis Companies, said the proposed reforms will streamline development projects to “create critical new housing in Massachusetts.”

“Predictable and appropriately constrained review timelines help multi-family developments move efficiently from concept to construction to ribbon-cutting, creating more supply and helping to limit developers’ exposure to the type of cyclical market risk that impedes project starts,” Cantalupa said in a statement provided by Healey’s office.

The draft regulations mirror a move California Gov. Gavin Newsom took earlier this year when he signed into law an overhaul of the state’s landmark environmental protection rules in an effort to boost housing production.

Massachusetts Climate Chief Melissa Hoffer said the draft regulations the Healey administration filed with the Secretary of State’s Office “will deliver more units, faster, and smarter, with long-term energy cost savings for homeowners and renters.”

“We don’t have to choose between building the housing we desperately need and protecting the forests, farmlands, wetlands, and biodiversity that makes Massachusetts one of the best places to live in the country,” Hoffer said in a statement.

Members of the public can provide feedback on the draft regulations until 5 p.m. on Oct. 31. Virtual information sessions and public hearings on the regulations are scheduled for Oct. 14 and Oct. 15.

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