Salem ADU Ordinance Analysis
CONSISTENTProvision-by-provision analysis of Salem's ADU ordinance against Massachusetts Chapter 150 and 760 CMR 71.00.
Salem Ordinance Consistency
Salem Zoning Ordinance, ADU provisions (2022, amendment pending May 2025) · Last updated 2022 (amendment pending May 2025)
Last reviewed: February 15, 2026
Important: Unlike town bylaws, city ordinances are not reviewed by the Massachusetts Attorney General. These potential inconsistencies were identified through ADU Pulse's independent analysis of Salem's ADU ordinance against G.L. c. 40A §3 and 760 CMR 71.00.
What This Means
Salem has no provisions identified as inconsistent. The 70% FMR rent cap is a voluntary opt-in for property owners seeking a tax exemption — not a mandatory condition of ADU approval. Two additional provisions are under review. Salem has a 100% approval rate on the 9 permits submitted.
Permit Activity
9 of 9 approved (100%)Share of 2025 applications approved in 2025
Data Provenance
Reviewed: February 15, 2026
AG action: None
Ordinance source: Zoning Ordinance · retrieved February 19, 2026
Version date not published; analysis based on publicly available text retrieved February 19, 2026
Use & Occupancy
Bottom Line
1 additional provision is 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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