Falmouth ADU Bylaw Analysis

The Attorney General partially approved Falmouth's November 2024 ADU bylaw on June 2, 2025, disapproving and deleting four categories of provisions: references limiting ADUs to single-family dwellings, a minimum lot size requirement, a six-month rental minimum, and bedroom limitations including a two-bedroom cap and overlay district bedroom density rules. The AG determined these provisions conflict with G.L. c. 40A, § 3 and 760 CMR 71.00. Several approved provisions received detailed advisory warnings — most notably, the site plan review process must operate as ministerial review and cannot function as discretionary approval, and the town must allow ADUs in Business Districts where single-family homes are permitted. Falmouth's parking requirements, short-term rental prohibition, and footprint restriction are consistent with state law.