Dover Amendment
Encyclopedia
The Dover Amendment is the common name for Massachusetts General Law
(MGL) Chapter 40A, Section 3. This law exempts agricultural, religious, and educational corporations from certain zoning restrictions
. It allows a structure that provides certain services to ignore local zoning laws and build the facility it needs to provide those services. The Dover Amendment allows many developers to build facilities that are substantially larger than zoning laws would ordinarily allow or which would be considered inappropriate, by some, for the neighborhood.
Considered by many to be overly broad, the exemption granted by the Dover Amendment has been narrowed somewhat by recent court decisions. While a corporation must merely be nonprofit and legally able to engage in educational activities to be considered a "nonprofit educational corporation," the actual use of a particular facility must have education as the “primary or dominant purpose" to qualify for Dover protection. See Whitinsville Retirement Society, Inc. v. Northbridge, 394 Mass. 757, 760 (1985).
passed an exemption in 1981 removing Harvard University
from Dover protection, because Harvard was Cambridge's largest land owner.
General Laws of Massachusetts
Massachusetts General Laws, also known as the General Laws of Massachusetts, is a codification of many of the statutes of the Commonwealth of Massachusetts. The Commonwealth's laws are promulgated by an elected bicameral legislative body, the Massachusetts General Court...
(MGL) Chapter 40A, Section 3. This law exempts agricultural, religious, and educational corporations from certain zoning restrictions
Zoning in the United States
Zoning in the United States comprise land use state laws falling under the police power rights that State governments and local governments have the authority to exercise over privately owned real property.-Origins and history:...
. It allows a structure that provides certain services to ignore local zoning laws and build the facility it needs to provide those services. The Dover Amendment allows many developers to build facilities that are substantially larger than zoning laws would ordinarily allow or which would be considered inappropriate, by some, for the neighborhood.
Considered by many to be overly broad, the exemption granted by the Dover Amendment has been narrowed somewhat by recent court decisions. While a corporation must merely be nonprofit and legally able to engage in educational activities to be considered a "nonprofit educational corporation," the actual use of a particular facility must have education as the “primary or dominant purpose" to qualify for Dover protection. See Whitinsville Retirement Society, Inc. v. Northbridge, 394 Mass. 757, 760 (1985).
Exemptions
It is unclear if the city of Boston is exempt from the Dover Amemdment. The Boston Globe has referred to an exemption for the city on occasion. The city of CambridgeCambridge, Massachusetts
Cambridge is a city in Middlesex County, Massachusetts, United States, in the Greater Boston area. It was named in honor of the University of Cambridge in England, an important center of the Puritan theology embraced by the town's founders. Cambridge is home to two of the world's most prominent...
passed an exemption in 1981 removing Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
from Dover protection, because Harvard was Cambridge's largest land owner.