Statewide ADU Update

[Feb 4, 2025] The final ADU regulations have been officially published by The Executive Office of Housing and Livable Communities. They will go into effect on January 31st and are enforceable as of February 2nd.

You can find our full comments on the draft regulations here.

A huge thank you to everyone who submitted public comment after the draft regulations were published. Because of your advocacy, we were able to make meaningful improvements to the regulations, including

• Establishing that ADUs must be allowed by-right on non-conforming lots and primary dwellings;
• Removing minimum lot size requirements; and
• Preventing requirements for separate utility hookups.

We also maintained some key elements, such as allowing attached and detached ADUs by-right in any zoning district where a single-family home can be built and that the principal dwelling can be any type of home.

However, we did not get everything we wanted. The definition of a bus station was changed to limit the number of stations it applies to and most importantly, clearer dimensional standards were not set for smaller lots of less than 10,000 square feet. The dimensional standards remain of particular concern because excessive local rules like setbacks and lot coverage are the easiest ways for municipalities to prevent new homes from being built.

We have summarized the end result of our advocacy in the graphics below

Take Action

As we head into the new year, we will with your help continue to monitor how this new law is being implemented and will work to ensure that ADUs are available to all. Our advocacy on Beacon Hill continues with our ADU Trust Fund bill. One of our top policy priorities this year, it establishes an ADU trust fund to address the financial barriers to construction for low- and moderate-income property owners.

Ask your legislators to cosponsor the ADU trust fund bill today

Past Information

On December 6th, The Executive Office of Housing and Livable Communities (EOHLC) issued draft regulations to assist municipalities implement the statewide legalization of Accessory Dwelling Units.

Click here to read the draft regulations.

From December 20th to January 10th there was a public comment period, during which anyone was able to submit comments on the draft regulations. You can find our comments on the draft regulations below. 

Click here to read AHMA’s comments on the draft regulations

Now that the public comment period has closed, EOHLC will take the next few weeks to review the submitted comments and potentially incorporate them into the final regulations. While a date not been set, EOHLC plans to release final regulations before the effective date of the ADU law, February 2nd, 2025.