Healey Administration Proposes MEPA Amendments to Streamline Housing Production

Massachusetts Governor Maura Healey and Secretary of the Executive Office of Energy and Environmental Affairs (EEA) Rebecca Tepper recently announced proposed changes to Massachusetts Environmental Policy Act (MEPA) regulations to streamline certain housing projects.

Under MEPA, any project that meets certain review thresholds and requires a state-level agency to take an action (such as by approving a permit) must be reviewed by the EEA to evaluate the potential environmental impacts and consider alternatives.

MEPA regulations establish review thresholds that determine what level of review must take place. In general, projects with lower anticipated environmental impacts require only a 30-day “Environmental Notification Form” (ENF) process, while projects with more extensive impacts require an “Environmental Impact Report” (EIR) process that can take nine to 12 months (and cost $350,000 to $1 million, according to the Governor’s Unlocking Housing Production Commission). Projects that would require only an ENF but lie within one mile of an Environmental Justice Population (or within five miles for air-related impacts) must undergo EIR review.

The EEA’s proposed amendments would designate certain projects to “not be presumed likely or reasonably likely to cause Damage to the Environment” by adding a new section 11.01(2)(c). Those projects include ecological restoration projects, urban renewal projects (not otherwise triggering thresholds outside of Section 11.03(12)), and, most importantly, residential projects.

However, not all residential projects can skip the EIR process. The proposed regulations describe seven criteria (11.01(2)(c)1. a.-g.) that a residential project must meet to be considered “not…reasonably likely to cause Damage to the Environment.”

1. 67% or more of gross floor area is devoted to residential uses, with the remainder devoted to “supportive commercial uses.”

2. The project achieves a density of eight units per acre for single-family homes, 12 units per acre for 2-3 family houses, or 15 units per acre for four+ family buildings.

3. The project alters up to five acres of undeveloped land or up to 10 acres with a tree retention and replanting plan (but excluding certain protected areas such as rare species habitat and prime farmland).

4. The site is outside the highest hazard areas and outside the Special Flood Hazard Area under the Massachusetts Wetlands Protection Act.

5. The project complies with the Massachusetts Stretch Energy Code.

6. The development does not require new or expanded gas mains or approval of a new interbasin transfer of water or wastewater (unless determined insignificant by the Water Resources Commission).

7. The project generates fewer than 3,000 new additional daily trips (ADT) of traffic on roadways providing access to a single location, or up to 6,000 ADTs if the project is located in a transit-oriented development district or mixed-use district, or is less than ½ mile of a public transit stop.

Projects may also skip the EIR process if they meet criteria 1, 4, and 5, and either 2 or 3.

If this all sounds familiar, that’s because our client alert from June 2025 reported that the Healey administration was seeking to streamline the MEPA process for housing projects and ecological restoration projects through her proposed MassReadyAct.

It is unclear why the Healey administration changed course—perhaps they obtained a legal opinion that the MEPA amendments they sought didn’t require a legislative change after all. Either way, the proposed regulations, if enacted, should significantly cut down on costs and development time for residential projects by shortening the MEPA review period.

Pierce Atwood will continue to monitor the progress of the proposed MEPA regulations as they proceed through the administrative process and will provide further updates. For questions about the information provided here, or for questions and concerns about any project development, please contact firm attorneys Daniel Bailey, Gareth Orsmond, Douglas Troyer, or Tess Edwards.