WHAT DO WE SEEK?

MA Bill H.1765 clarifies Massachusetts General Law (M.G.L. Ch. 40A, Sec. 3), the so-called Dover Amendment -- the law that too broadly grants zoning and building exemptions to religious and educational in the Commonwealth of Massachusetts. 

 

WHY DO WE NEED TO PASS THIS AMENDMENT?

H.1765 will make it clear that religious and educational institutions are not exempt from local wetlands bylaws and/or natural resource zoning protections.

 

WHY IS THIS NECESSARY?

Originally enacted in 1950, the Dover Amendment was intended to protect religious and educational institutions from discriminatory zoning restrictions. Now, some 70 years later, we believe that institutions proposing building programs under the shelter of the Dover Amendment should be subject to local wetlands bylaws and natural resource zoning protections. Section 1 of H.1765 reads: “... the use of the so-called Dover amendment by nonprofit institutions to avoid wetland or natural resource area protections may be harmful to the public health and environment.” Circumventing environmental protections was never the intention of the Dover Amendment. 

 

WHY IS H.1765 IMPORTANT TO ALL COMMUNITIES IN THE COMMONWEALTH?

In recent years municipal governments have been taking steps to protect wetlands, open spaces, and natural resource areas. These essential areas are now treasured as nature’s way to protect communities from flooding and natural disasters. Natural resource areas are also essential as wildlife habitats. Open Space is essential for the health and security of all. After admirably serving its purpose to enable religious and educational institutions to expand without prejudicial bias, it is now time – in this critical stage of preparing for climate change - to amend the language of“Dover.” H.1765 proposes clarifying language that will protect areas determined to be environmentally critical.

 

HOW DOES THIS AFFECT ME? This amendment ensures that environmental protections will not be set aside in favor of building projects acting under the protection of an archaic general law. In the past ten years, many municipalities have been passing local bylaws to protect wetland and open space/natural resource areas. They understand that adding regulations are more cost effective than mitigation and restoration efforts. Passing H1765 may also shield municipalities from costly litigation when attempting to enforce local environmental bylaws. 

 

WHAT CAN YOU DO? 

 

1. Email, write, or call the bill sponsors: Rep. Peter Capano, 11th Essex (617) 722- 2460  Peter.Capano@mahouse.gov (Lynn, Nahant) and Senator Brendan P. Crighton, 3rd Essex (617) 722-1350 Brendan.Crighton@masenate.gov (Lynn, Nahant). Tell them you are for protecting wetlands and natural resource areas.

2. Contact the members of the Joint Committee on Municipalities and Regional Governments- tell them you want their support for  H. 1765

3. Sign our petition on MoveOn.org: 

4. Contact your own representatives on Beacon Hill.

5. Visit our website and blog: www.amenddover.org

6. Email us:  amenddover@gmail.com.

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