Mass Construction Show

Can You Build Your ADU?

18 snips
Oct 7, 2025
Ashley Duval, a planner and law student specializing in land use, dives into Massachusetts' ADU legislation. She explains what Accessory Dwelling Units (ADUs) are and the legal framework guiding their construction. The discussion touches on the Affordable Homes Act, the chaotic rush of towns to draft bylaws, and the Attorney General's review of municipal regulations. They clarify that owner-occupancy isn’t required and outline challenges homeowners face in permit processes, revealing that while the interest in ADUs is growing, hurdles remain.
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ANECDOTE

AG Reviews Found Wide Rejection

  • Ashley reviewed about 40 Attorney General decisions and found only one town fully approved its bylaw.
  • Many towns copied state regs and most AG reviews partially denied or struck sections as conflicting.
INSIGHT

Broad Meaning Of “Single-Family” District

  • “Single-family zoning district” means any district that allows single-family homes, not only districts exclusively zoned single-family.
  • This broad reading lets ADUs appear in many more zoning districts than towns expected.
INSIGHT

Accessory Structures And Nonconforming Protection

  • Existing accessory structures are treated as allowable locations for ADUs and towns cannot impose stricter dimensions than those already applied.
  • That protects preexisting nonconforming garages or barns from being blocked by new special-permit rules.
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