Mass Wins Act Seeks to Accelerate Housing and Development Through Site Plan Reform
On April 16, 2026, Massachusetts Governor Maura Healey unveiled her proposed economic development bill dubbed the “Mass Wins Act.” Filed as Bill H.5386, the Mass Wins Act proposes a number of changes to Massachusetts law to attract economic development to the Commonwealth.
The Act also proposes several measures to spur investment and reduce business costs, including:
- Direct the Pension Reserves Investment Management Board to provide seed investment to attract “global institutional capital”
- Reduce initial filing fee costs for small business LLCs from $500 to $100
- Expand eligibility for the small business energy tax exemption
- Implement a tax credit for companies providing internships
- Close a noncompete loophole
- Allow utilities to offer discounted electricity rates to businesses
Our Land Use team was encouraged to learn that Gov. Healey is also proposing to boost housing development by:
- Easing commercial-to-residential conversions
- Allowing deviations from the Commonwealth’s strict energy codes
- Permitting the mayors of cities and towns to propose zoning amendments
However, the most positive aspect of the bill is the section codifying the Site Plan Review process.
Section 36 of H.5386 would add the following definition of “site plan review” to M.G.L. c. 40A:
the review and approval process under a municipality’s zoning ordinance or by-law that establishes criteria for the layout, safety and impacts of a proposed use or development, and whether a proposed use of land or structures is in compliance with reasonable performance standards as defined in section 7A; provided, however, that site plan review, and the performance standards applicable thereto, in connection with any protected use pursuant to section 3 or any other section of this chapter shall be limited to the extent required by the provisions of such section.
To increase predictability, the Mass Wins Act would add a new Section 7A to Chapter 40A, requiring that all substantive elements of site plan review—including application requirements and performance standards—be set forth in the zoning ordinance or bylaw, rather than in separate regulations. It would also prohibit the use of performance standards to regulate building aesthetics.
Decisions would be required within 90 days of a complete application or would be deemed constructively approved (unless reviewed concurrently with a special permit by the same authority). Site plan approval would require only a simple majority vote. The Act would also allow municipalities to offer an administrative site plan review process, conducted by a designated authority and municipal staff without a public hearing. Importantly, the Mass Wins Act would impose the following guardrails on conditions of site plan approval:
- Only conditions “that are necessary to ensure substantial compliance” with the zoning ordinance/bylaw may be imposed
- No condition may impose restrictions greater than those expressly regulated within the zoning ordinance/bylaw
- No condition may be imposed which impinges on the jurisdiction of another body
- Off-site conditions “shall” only address “direct adverse impacts” related to performance standards codified in the zoning ordinance/bylaw
- Off-site conditions must be “proportionate” to the off-site impacts of the project
Site plan applications could only be denied for failing to meet the specifications in the ordinance/bylaw, or for failure to submit the fees or information that the ordinance/bylaw requires.
This is not the first attempt to codify Site Plan Review. Indeed, it appears the Mass Wins Act Site Plan Review proposal mirrors that of Bill H.2298, proposed by Representative Kristin Kassner last year, which has been stuck in Ways and Means since November.
With the Healey Administration’s backing, however, we have renewed hope that this much-needed codification will become law. We have seen as-of-right projects languish for months, even years, in site plan approval, only to then be hamstrung by onerous conditions that can be overturned only after expensive litigation.
Pierce Atwood will continue to monitor the progress of the Mass Wins Act as it proceeds through the legislative process and will provide further updates. If you have questions about any of the information presented here, please contact firm Land Use attorneys Dan Bailey, Gareth Orsmond, Don Pinto, or Kathleen Heyer.