Can Your Town Say No to an ADU?

Caroline Brodsky • January 27, 2026

What Massachusetts Homeowners (and Boards) Need to Know in 2026

Accessory Dwelling Units (ADUs) are gaining momentum across Massachusetts — and for good reason. As housing costs rise and towns look for ways to increase supply, ADUs have become one of the most practical and policy-supported solutions available to homeowners.

Yet one question comes up repeatedly:


Can my town actually say no to an ADU?

The answer is more nuanced than a simple yes or no. While Massachusetts law increasingly supports ADU development, municipalities still play a role in approvals — and understanding where that authority begins and ends is critical for homeowners, boards, and decision-makers alike.

This guide explains how ADU rules work in Massachusetts, what towns can and can’t restrict, and how to approach the process strategically to avoid unnecessary delays or denials.

Massachusetts ADU Policy: The Big Picture

Massachusetts has made it clear that ADUs are a key part of addressing housing shortages. State guidance encourages municipalities to allow ADUs as a matter of right in many zoning districts, subject to reasonable health, safety, and building-code requirements.

However, while the state sets the framework, local governments still interpret and enforce zoning, which is where confusion — and friction — often arises.


What Towns Can Regulate (and Why It’s Reasonable)

Towns and cities are still responsible for ensuring public safety and orderly development. As a result, municipalities generally can regulate:

  • Building code compliance
  • Permitting and inspections
  • Life-safety requirements
  • Setbacks, height, and lot coverage (within state limits)
  • Utility connections and fire access
  • Parking requirements (where applicable)

These requirements are not intended to block ADUs — they exist to ensure structures are safe, durable, and appropriate for the site.


What Towns Generally Can’t Do

Where municipalities get into trouble is when restrictions function as a de facto prohibition.

In general, towns should not:

  • Ban ADUs outright where state guidance allows them
  • Impose vague or undefined approval criteria
  • Delay decisions indefinitely
  • Require unnecessary variances without justification
  • Apply standards inconsistently between applicants

When approval processes become arbitrary or unreasonably restrictive, they can conflict with the intent of state policy.


Why ADU Applications Get Denied (or Delayed)

In practice, most ADU denials or delays aren’t about the idea of an ADU — they’re about insufficient documentation or unclear planning.

Common issues include:

  • Incomplete site plans
  • No structural review for existing buildings
  • Unclear utility strategies
  • Lack of fire-access planning
  • Missing permit coordination
  • Underestimating construction scope

Most pushback happens when boards or planners are forced to ask basic questions that could have been answered upfront.


Concerned About Zoning, Approvals, or Town Review?

Landmark can help evaluate your ADU concept and identify the documentation that helps applications move more smoothly through review — before delays or denials occur.

📞 508-482-0104
📧
[email protected]



How Homeowners Can Strengthen Their ADU Application

For homeowners, the most effective approach is to lead with clarity and preparation, not assumption.

Strong ADU submissions typically include:

  • A clear site plan
  • Defined ADU type (attached, detached, or conversion)
  • Preliminary structural review
  • Utilities and access plan
  • Code-aware construction approach
  • Realistic timeline expectations

Approaching the process as a technical construction project, not just a zoning request, significantly improves outcomes.


What Boards and Review Committees Look For

From a board or planning perspective, ADUs raise legitimate concerns:

  • Structural integrity
  • Drainage and waterproofing
  • Fire and life safety
  • Long-term maintenance
  • Neighborhood compatibility

Well-prepared projects address these concerns before they become objections.

Boards are far more receptive when applicants demonstrate:

  • Understanding of code requirements
  • Professional oversight
  • Clear construction responsibility
  • Long-term planning


Why Construction Licensing and Permitting Matter

One of the most overlooked aspects of ADU approvals is who is responsible for construction oversight.

In Massachusetts, ADU projects often involve:

  • Structural modifications
  • Building-envelope changes
  • Roofing or foundation work
  • Electrical and plumbing coordination

Proper licensing, permitting, and supervision protect homeowners, boards, and municipalities — and reduce risk for everyone involved.


The Most Successful ADU Projects Share One Thing

The ADU projects that move smoothly through approvals tend to share one key characteristic:

They are treated as full construction projects — not side additions.

That means:

  • Proper planning
  • Realistic budgets
  • Code-aware execution
  • Clear communication
  • Professional oversight


A Practical Path Forward

If you’re considering an ADU in Massachusetts, the safest approach is:

  1. Start with feasibility
  2. Understand local interpretation
  3. Prepare documentation early
  4. Coordinate permits and licensed construction
  5. Communicate clearly with reviewers

When done right, ADUs can be approved and built without unnecessary friction.


Work With a Team That Understands the Full ADU Process

Ready to move forward with an ADU project?

From feasibility through licensed construction and project management, Landmark Associates helps homeowners build ADUs the right way — with clarity, compliance, and quality craftsmanship.

We support ADU projects by:

  • Evaluating structural and site feasibility
  • Identifying envelope, roof, and utility considerations
  • Coordinating licensed, permitted construction
  • Managing projects with transparency and realistic timelines

📞 508-482-0104
📧 [email protected]
🌐
www.landmarkassoc.com





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