Minimum Lot Size Requirement
AG DisapprovedFalmouth, Barnstable County
Dimensional & ParkingWhat This Means for Your Project
The Attorney General has disapproved this provision as inconsistent with G.L. c. 40A §3. It is preempted by state law, though it may still appear in Falmouth's local code. Builders should cite the AG decision if this comes up during permitting.
State Law
760 CMR 71.03(3)(b)(2) expressly prohibits municipalities from imposing a minimum lot size requirement for Protected Use ADUs.
Local Bylaw
Section 240-9.1C(3) required a minimum lot size of 7,500 square feet (7,000 square feet in sewer service areas) for ADU construction.
Impact on Your Project
The Attorney General disapproved this provision because the regulations expressly prohibit minimum lot size requirements for ADUs.
AG Decision
AG disapproved June 2, 2025 — minimum lot size requirement deleted from § 240-9.1C(3).
How Other Towns Handle Dimensional & Parking
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