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40B and Special Permits

These kinds of initiatives typically result in units added to the SHI if approved through the Local Initiative Program (LIP) as “Local Action Units” (LAUs). In addition, some communities have adopted overlay districts under Chapter 40R that encourage creation of low- or moderate-income units within the overlay district by requiring the inclusion of affordable units in most private projects and by allowing development of multifamily housing as-of-right or through a limited plan review process. In other communities, particularly where multi-family housing is permitted as of right, low- or moderate-income units may be developed without the need for a comprehensive permit. While DHCD asks all communities to review and verify their SHI biennially, local officials can submit requests to add units at any time. As a result, the SHI summary posted on DHCD’s website may not always be current, but a list that identifies all of the units of which DHCD has been made aware and that are currently included on the SHI can be obtained upon request from DHCD.