HomeMy WebLinkAboutDover Amendment Change Family Daycare Allowable Use July 29 2024 The Commonwealth of Massachusetts Amy Kershaw, Commissioner
NOTICE OF CHANGE TO THE DOVER AMENDMENT, M.G.L. c. 40A, § 3
As part of the FY25 enacted budget signed by Governor Healey on July 29, 2024, changes were
made to the so-called Dover Amendment, M.G.L. c. 40A, § 3.
The amended Section 3 reads:
Section 3 of chapter 40A of the General Laws, as so appearing, is hereby
amended by striking out the fifth paragraph 1 and inserting in place thereof the
following paragraph:-
Family child care home and large family child care home as defined in section
1A of chapter 15D shall be an allowable use and no city or town shall prohibit
or regulate such use in its zoning ordinances or by-laws.
M.G.L. c. 40A, § 3 (emphasis added).2 As detailed above, the Legislature has amended G.L. c.
40A, § 3 to explicitly provide that family child care homes and large family child care homes are
an allowable use, which shall not be prohibited or regulated by a city or town’s zoning
ordinances or by-laws.
1 The now stricken paragraph 5 of M.G.L. c. 40A, § 5 previously read: “Family child care home
and large family child care home, as defined in section 1A of chapter 15D, shall be an allowable
use unless a city or town prohibits or specifically regulates such use in its zoning ordinances or
by-laws.”
2 FY2025 enacted budget Outside Section 76, available at
https://budget.digital.mass.gov/summary/fy25/outside-section/section-76-family-childcare-
zoning/.