Field Guide / Zoning basics
By Right, Special Permit, or Variance? How Massachusetts Zoning Approvals Work
Almost every project in Massachusetts falls into one of three zoning paths. Knowing which one applies to yours shapes your timeline, your risk, and your design.
Last updated March 21, 2023
When you ask “can I build this here?”, the real question is usually which path the project takes under the local zoning bylaw. In Massachusetts, there are three main answers.
1. Allowed by right
A use or structure that’s allowed by right (sometimes called “as of right”) meets the bylaw’s requirements without any discretionary approval. You still need a building permit, and many communities require site plan review for larger by-right projects. But the board can’t simply say no because it doesn’t like the project.
What it means for you: the most predictable path. Design to the bylaw and the approval largely follows.
2. Special permit
Some uses are allowed only by special permit under Section 9 of the Zoning Act (M.G.L. c. 40A). The bylaw names which board grants it, called the special permit granting authority, and the criteria it applies, such as neighborhood character, traffic, and adequacy of utilities.
Special permits are discretionary. The board holds a public hearing and can approve, deny, or attach conditions. Many special permits require a supermajority vote, though some housing-related special permits need only a simple majority under changes made in 2021.
What it means for you: a real chance of approval, but the outcome depends on how well the project meets the criteria and how the hearing goes.
3. Variance
A variance under Section 10 lets a project depart from a specific requirement, such as a setback or frontage, when strict enforcement would cause hardship. The legal test is demanding, and variances are hard to obtain and easy to challenge.
What it means for you: often a last resort. If a design depends on a variance, it’s worth asking whether a different design or path could avoid it.
Why the path matters early
The path determines how long approval takes, how much risk you carry, and how much design flexibility you have. Two versions of the same project can land on different paths, and that’s often where the biggest savings in time and cost are found.
General information, not legal advice.