Duxbury ADU Bylaw Analysis
NOT UPDATEDProvision-by-provision analysis of Duxbury's ADU bylaw against Massachusetts Chapter 150 and 760 CMR 71.00. 2 inconsistent provisions identified.
Duxbury Bylaw Consistency
Duxbury Zoning Bylaw · Last updated June 2025 (STM amendments pending AG approval)
Last reviewed: February 15, 2026
What This Means
Duxbury has 2 provisions that appear inconsistent with Chapter 150 — owner-occupancy and a special permit requirement. The 10-year home age requirement in Section 410.3(3) cross-references the ADU section but may only apply to the special permit pathway, not Protected Use ADUs. None have been reviewed by the AG. The site plan review process and pending STR regulation add ambiguity. The bylaw predates the state ADU law and has not been reconciled with it.
Permit Activity
2 of 3 approved (67%)Share of 2025 applications approved in 2025
Data Provenance
Reviewed: February 15, 2026
AG action: None
Bylaw source: Zoning Bylaw · retrieved February 19, 2026
Version date not published; analysis based on publicly available text retrieved February 19, 2026
Use & Occupancy
Dimensional & Parking
Process & Administration
Bottom Line
Duxbury has 2 provisions that appear inconsistent with G.L. c. 40A §3 and are subject to statutory override under Chapter 150. 3 additional provisions are in a legal grey area that may face future challenges.
Methodology
This analysis compares each town's published ADU zoning bylaw or ordinance against Massachusetts Chapter 150 (2024), MGL c.40A §3, and 760 CMR 71.00. Per EOHLC guidance, towns are not “inconsistent” simply because their local zoning has not been updated — however, any local provisions inconsistent with the ADU statute are preempted by state law as of February 2, 2025. Local permitting decisions should not take into account zoning rules that conflict with state law. Attorney General disapproval data sourced from published AG Municipal Law Unit decisions. This is not legal advice — consult a zoning attorney for project-specific guidance.
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