AGO issues Dover Amendment guidance
For over 50 years, Massachusetts law has exempted educational and religious uses of land from certain local zoning regulations through the so-called “Dover Amendment,”Massachusetts General Laws chapter 40A, § 3. The statutory exemption is just one sentence long, but it has been given shape by dozens of court decisions applying it to a variety of real-life situations across the state. This guidance summarizes the law of the Dover Amendment as expressed through that case law. It is intended to help municipalities, developers, and residents to understand the types of land use that are exempted from local zoning requirements under the religious and educational use provision of the Dover Amendment and the practical implications of these exemptions.
The Attorney General’s Office will be making related materials, such as FAQs and one-page flyers, available soon on its website.