Accessory dwelling unit moratorium takes effect

Feb 4, 2025

At the Jan. 13 Special Town Meeting, Wareham voters passed a moratorium on a state housing law, preventing it from going into effect until Jan. 13, 2026. The moratorium is active law as of Feb. 3, despite requiring approval from the attorney general.

Planning Board Chair Carl Schulz said it takes between 90 and 270 days for the attorney general’s office to review a municipality's decision, which means Wareham’s ban could be active for the better part of a year.

The housing law, called the Affordable Homes Act, allowed properties zoned single family to have a smaller secondary residence, commonly known as an accessory dwelling unit or an in-law apartment.

At the recent Special Town Meeting, the Planning Board drafted a proposition to impose various local guidelines and design requirements for accessory dwelling units.

Voters decided that the proposal needed more study and delayed action on passing Wareham specific regulations on the small homes.

However, voters did pass the aforementioned moratorium, preventing the permitting and construction of accessory dwelling units.

In the lead-up to the vote, town officials expressed concerns that large developers might exploit accessory dwelling units by purchasing properties, building the units, and renting both on a short-term basis, which could drive up housing costs.

One of the requirements in the proposal that voters delayed action on would have banned renting accessory dwelling units on a short-term basis. Town officials are likely to make a similar proposal again, especially if the attorney general rejects the moratorium.

Residents have the opportunity to weigh in on a new version of that proposal at a Feb. 24 public hearing.