Massachusetts Ordinances (2026)

The 2024 Affordable Homes Act amended MGL Chapter 40A to require all Massachusetts municipalities to allow accessory dwelling units by-right in single-family zoning districts, preempting restrictive local rules.

The Massachusetts State Building Code, adopted under MGL Chapter 143, establishes uniform statewide minimum construction standards for dwellings including tiny homes, with municipalities prohibited from adopting weaker requirements.

Animal cruelty including hoarding is criminalized statewide under M.G.L. Chapter 272 Section 77. Hoarding triggers welfare investigations and felony charges in severe cases.

Massachusetts state law expressly preempts municipalities from regulating dogs based on breed. Local breed-specific bans are void under state statute.

State law requires dogs be effectively controlled or restrained, with municipalities authorized to enact local leash ordinances. Owners are strictly liable for dog-caused injuries.

Massachusetts prohibits private possession of most exotic and wild animals statewide. MassWildlife regulates permits, and the list of prohibited species is uniform across the Commonwealth.

Massachusetts regulates structure heights near public-use airports statewide through the Aeronautics Division, requiring permits for tall structures that may obstruct navigable airspace under MGL Chapter 90 Appendix.

Massachusetts preempts local bans on personal cannabis cultivation under MGL c.94G §7, allowing adults 21+ to grow up to six plants per person and twelve per household statewide.

Massachusetts sets a statewide minimum wage of $15.00 per hour under MGL Chapter 151, and generally preempts cities from adopting higher local minimum wages.

Massachusetts provides paid family and medical leave through the PFML program under MGL Chapter 175M, plus paid sick time under the Earned Sick Time Law for most employees.

Massachusetts has no statewide predictive scheduling law, leaving most scheduling rules to standard wage and hour law under MGL Chapter 151 with limited reporting-pay protections.

Massachusetts regulates all tidelands and coastal development statewide under Chapter 91 (MGL c.91) and 310 CMR 9.00, requiring state licenses for structures and fill in tidelands regardless of municipality.

Massachusetts erosion and sedimentation controls are mandated statewide through the Wetlands Protection Act (MGL c.131 §40) and the State Stormwater Standards, requiring uniform best management practices on regulated projects.

Massachusetts adopts uniform flood-resistant construction standards through the State Building Code (780 CMR) under MGL c.143 §94, requiring all municipalities to enforce minimum NFIP-aligned flood requirements.

Massachusetts grading and site drainage are governed statewide by the State Building Code (780 CMR) and Wetlands Protection Act, setting uniform lot-grading and drainage standards across municipalities.

Massachusetts regulates stormwater discharges under the Wetlands Protection Act (MGL c.131 §40) and 310 CMR 10.00, applying uniform Stormwater Management Standards to projects affecting wetlands and waterways.

Massachusetts General Laws Chapter 49 establishes a statewide spite fence statute treating fences over six feet erected maliciously to annoy a neighbor as a private nuisance subject to civil action.

Massachusetts requires all residential swimming pools to comply with statewide barrier requirements under the State Building Code 780 CMR, mandating fences at least four feet high with self-closing self-latching gates.

Massachusetts regulates retaining walls statewide through the State Building Code 780 CMR, requiring permits and engineering for walls retaining more than four feet of unbalanced fill or surcharged loads.

Massachusetts prohibits the sale, possession, and use of all consumer fireworks by private individuals, including sparklers, with no municipal opt-out permitted.

Massachusetts restricts open burning to January 15 through May 1 annually with a permit issued by the local fire chief under uniform state regulations.

Massachusetts requires a state fire marshal license and local fire chief permit to store flammable gases including propane above specified threshold quantities.

Massachusetts requires a License to Carry under MGL Chapter 140 Section 131 to carry concealed handguns, with applications processed by local police chiefs subject to suitability review.

Massachusetts grants local police chiefs significant licensing authority over firearms while state law sets uniform standards through MGL Chapter 140 for licensing, sales, and possession statewide.

Massachusetts technically permits open carry with a valid License to Carry, but the practice is rare and discouraged, with municipalities and businesses commonly prohibiting visible firearms.

Massachusetts requires a valid License to Carry under MGL Chapter 140 Section 131 to transport loaded handguns in a vehicle, with strict storage rules applying to long guns and unlicensed possession.

Mobile food establishments must comply with the MA Food Code (105 CMR 590) statewide. Local boards of health issue permits, while state law sets minimum sanitary standards.

Massachusetts regulates home-based food production under 105 CMR 590.000 and MGL c.94 §305C, requiring residential kitchen permits issued by local boards of health following statewide minimum standards set by DPH.

Massachusetts preempts local zoning of family child care for up to six children under MGL c.28A and c.40A §3, requiring state EEC licensing and treating licensed homes as residential use by right.

MGL Chapter 87 mandates a public hearing and tree warden approval before removing any public shade tree, with specific procedures protecting larger trees and creating statewide minimum standards.

Massachusetts General Laws Chapter 87 establishes statewide rules governing the trimming, pruning, and care of public shade trees, requiring a tree warden's authorization for cutting in public ways.

The Massachusetts Water Management Act and related MassDEP drought regulations authorize statewide outdoor watering limits during declared drought conditions, applying uniformly across communities served by permitted public water suppliers.

Massachusetts applies federal and state occupational noise exposure rules to all construction sites statewide, requiring hearing protection and noise monitoring when worker exposure exceeds 85 dBA over an eight-hour shift.

Massachusetts regulates industrial and commercial noise statewide through the Department of Environmental Protection under the Air Pollution Control regulations, prohibiting noise that creates a condition of air pollution.

Massachusetts General Laws Chapter 90 Section 22D governs removal and disposal of abandoned motor vehicles statewide, setting uniform procedures that apply on public ways and private property regardless of municipality.

Massachusetts adopts statewide EV-readiness requirements under the State Building Code (780 CMR) and Stretch Energy Code, mandating that new construction include EV-ready parking spaces in specified percentages.

Following Papadopoulos v. Target (2010), Massachusetts property owners owe a duty of reasonable care to remove snow and ice. Municipalities may set sidewalk clearing rules.

MGL Chapter 239 sets uniform statewide summary process eviction procedures for residential tenancies, establishing notice requirements, court process, and tenant defenses applicable in all Massachusetts cities.

Massachusetts General Laws Chapter 40P, the Massachusetts Rent Control Prohibition Act, prohibits any city or town from enacting, maintaining, or enforcing rent control regulations on residential property statewide.

Massachusetts protects agricultural land use through MGL Chapter 40A Section 3, exempting agriculture, horticulture, and floriculture from most local zoning restrictions on parcels of five acres or more.

Massachusetts protects commercial agriculture from nuisance lawsuits under MGL Chapter 111 Section 125A, recognizing farms operating consistent with generally accepted practices as not constituting a nuisance.

Massachusetts law requires short-term rental operators to maintain at least $1,000,000 in liability insurance covering each rental, unless intermediary provides equal coverage.

Massachusetts imposes a statewide 5.7% room occupancy excise on short-term rentals, plus optional local and community impact fees collected uniformly through DOR.

Massachusetts protects political signs on private residential property under the state constitution and case law, limiting how municipalities can restrict noncommercial political speech regardless of local sign ordinances.

Massachusetts has no statewide plastic bag ban or preemption, allowing over 160 cities and towns to enact their own single-use plastic bag prohibitions under home-rule authority.

Massachusetts has not enacted a statewide polystyrene ban, but dozens of cities and towns prohibit foam food containers, and state procurement rules limit foam in agency purchases.

Massachusetts does not regulate plastic straws statewide, but several cities and towns require restaurants to provide straws only on request or use compostable alternatives.

Massachusetts law restricts homeowner associations and condo trusts from unreasonably prohibiting solar installations. M.G.L. Chapter 40A Section 3 protections inform HOA disputes.

M.G.L. Chapter 40A Section 3 protects solar installations from unreasonable local zoning restrictions. State law mandates expedited permitting in many municipalities.

Massachusetts requires hawkers and peddlers selling goods door-to-door to obtain a state license from the Division of Standards in addition to local permits.

The Massachusetts State Building Code mandates barrier requirements for residential pools statewide. Fencing must be at least 4 feet high with self-closing, self-latching gates.

Massachusetts Department of Public Health regulates public and semi-public pool safety statewide under 105 CMR 435. Standards include lifeguards, water quality, and equipment.

Massachusetts requires purchasers of tobacco and vape products to be at least 21 years of age under MGL Chapter 270 Section 6, predating the 2019 federal Tobacco 21 law.

Massachusetts became the first state to ban all flavored tobacco products including menthol cigarettes and flavored vapes under MGL Chapter 270 Section 6, effective June 2020.

Massachusetts heavily restricts vape retail under MGL Chapter 270 Section 6, banning flavored vape products statewide and limiting nicotine vape sales to licensed adult-only smoking bars.

Massachusetts prohibits disposal of mattresses, box springs, and textiles in trash statewide, requiring residents and haulers to use recycling channels.

Massachusetts bans disposal of recyclable materials including glass, metal, paper, cardboard, and certain organics from landfills and incinerators statewide.

Massachusetts Scenic Roads Act protects trees and stone walls along designated scenic roads, requiring public hearing before any removal or alteration.

Massachusetts protects all trees within public ways as public shade trees, requiring tree warden hearing and posted notice before removal statewide.