Brockton, MA Zoning Overlays & Bonuses: Density Bonus Law (2026)
Key Facts
- Trigger
- Each residential building permit issued in DBSGOD
- Filer
- City building inspector
- Recipient agency
- MA Dept. of Housing & Community Development
- Legal basis
- M.G.L.A. c. 40R
- Records
- City clerk keeps copies, public on request
Summary
Every time the building inspector issues a residential building permit inside the Downtown Brockton Smart Growth Overlay District, City Code § 27-104 requires the city to file an application with the state Department of Housing and Community Development for a one-time density bonus payment under M.G.L.A. c. 40R. The payment goes to the city, not the developer, as an incentive for zoning that allows added housing density.
Upon issuance of a residential building permit within the DBSGOD, the Building inspector of the city shall cause to be filed an application to the department of housing and community development (DHCD), in a form to be prescribed by DHCD, for authorization of payment of a one-time density bonus payment for each residential building permit issued pursuant to M.G.L.A. c. 40R. The application shall contain all information required in 760 CMR 59.06(2), as may be amended from time to time, and additional information as may be required pursuant to M.G.L.A. c. 40S and accompanying regulations. The city clerk of the City of Brockton shall maintain a copy of all such applications transmitted to DHCD pursuant to this article, with said copies to be made available upon request for public review.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 28).
Full Breakdown
c. 40R, the state's smart growth zoning law that pays participating cities a density bonus for adopting overlay districts that allow greater housing density than the underlying zoning. Sec. 27-104 ties that payment to actual construction: each time the building inspector issues a residential building permit within the DBSGOD, the city must file an application with DHCD, in DHCD's prescribed form, seeking authorization for the one-time density bonus payment tied to that specific permit. c. 40S. The city clerk keeps a copy of every application transmitted to DHCD and must make those copies available to the public on request, giving residents a way to track how many bonus-triggering permits have been filed.
This payment obligation runs alongside the annual update duty in Sec. 07. Together Secs. 27-103 and 27-104 are how Brockton keeps its Chapter 40R designation, and by extension its eligibility for these state density bonus payments, current with the state housing agency.
Violations & Fines
Sec. 27-104 does not set a penalty for a missed filing; it is a duty imposed on the building inspector and city clerk rather than a prohibition on private conduct, so there is no fine for a developer here. A development project itself can still be denied or conditioned under the separate site plan approval criteria in Sec. 27-100 if it fails to meet DBSGOD standards, independent of the city's density bonus filing.
Frequently Asked Questions
Who gets the density bonus payment for DBSGOD housing permits?
Does the density bonus payment reduce a developer's fees?
Can the public see how many bonus payments Brockton has applied for?
Sources & Official References
Other rules in Brockton
Compare Brockton to another location·View the Massachusetts zoning overlays & bonuses overview
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