Fall River illustrates how local administrative practices can create friction for ADU applicants even when state law is clear. The mayor has publicly opposed the legislation (CommonWealth Beacon, February 2025), and the city’s Zoning Board of Appeals has been attaching “no ADU” conditions to variance and special permit approvals (Fall River Reporter, August 2025) — an unusual practice that attempts to restrict homeowners from exercising their state-law right to build an ADU.

This approach raises legal questions. Since February 2, 2025, the right to build a first ADU is protected by state law and cannot be conditioned away by local boards. A “no ADU” condition attached to an unrelated permit likely has no legal force under G.L. c. 40A §3.

Despite these challenges, Fall River has processed 25 ADU applications with 13 approved (52% rate). The below-average approval rate may reflect administrative hurdles rather than legitimate permitting concerns.

ADU Pulse is monitoring Fall River for further developments. Homeowners who have been denied or discouraged from building an ADU may have legal recourse under G.L. c. 40A §3.