Local Zoning Laws in Massachusetts

The Zoning Act of 1975 grants municipal governments the authority to enact zoning ordinances and bylaws within their jurisdiction. Under this authority, each city and town in Massachusetts has enacted its own specific rules and procedures for zoning and land use. As a result, zoning issues require guidance and representation from an attorney who has in-depth knowledge of the local procedures and bylaws.

The attorneys at Fitch Law Partners LLP in Boston handle zoning disputes and appeals for property owners, managers and developers throughout Massachusetts. We know the ins and outs of the local zoning bylaws throughout the state, and our lawyers are zealous advocates for clients facing zoning issues and land use litigation.

Examples From Our Zoning Practice

Our lawyers have successfully represented countless clients in zoning appeals, and we also assist clients with re-zoning issues, variances and special permits before boards across Massachusetts. Examples of our successes include:

  • We successfully defended the property rights of a client who owned a valuable, undersized lot. An abutter tried to have the land declared unbuildable. At trial, we were able show that this lot had been grandfathered under a Nantucket zoning bylaw.
  • In a case before the Boston Zoning Board of Appeal, we succeeded in defending our client's right to build a roof deck on their Beacon Hill home.
  • We successfully took action against a developer, whose new construction would have blocked the light, view and air from our client's property. Our work forced the developer to modify the building and eventually led the developer to give up the entire project.
  • After a new neighbor complained about noise levels at our client's private club, we negotiated a favorable resolution of claims of zoning violations.
  • When a developer sought to build a three-story condo 10 feet from our client's home, we succeeded in preventing the construction before the Boston Zoning Board of Appeal.
  • A family with valuable waterfront property engaged us to resolve a dispute with a neighbor regarding complicated zoning and adverse possession issues. We negotiated a favorable settlement of all claims within a short time after our engagement.

Contact: Jonathan W. Fitch | Kurt S. Kusiak | Ryan M. Cunningham

See the success Fitch has had with real estate and zoning litigation cases>

Dedicated to excellence in zoning litigation