Title 16, ConservationRelease 119-110

§459b–4 Zoning Regulations

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXIII — NATIONAL SEASHORE RECREATIONAL AREAS › § 459b–4

Last updated Sep 22, 2026|Official source

Summary

The Secretary must create rules, as soon after August 7, 1961 as he can, that say what local zoning bylaws need to include to get his approval under the law. He can change those rules later if conditions change. Any proposed new or changed rules must be sent to Congress and the named towns at least 90 calendar days before they take effect (not counting days when either the House or Senate is not in session because of an adjournment of more than three calendar days to a day certain). The Secretary must consider suggestions during that 90-day period and must publish both proposed and final rules in the Federal Register. The Secretary must approve a town’s zoning bylaw or amendment if it meets the rules in effect when the town adopted it, unless he has already sent out proposed rule changes that would make the bylaw not meet the rules; in that case he can wait and approve only if the final rules match the bylaw. Once he approves a bylaw or amendment, that approval cannot be taken away by later rule changes while the bylaw stays in force. The rules must work to stop commercial and industrial uses inside the seashore unless the Secretary allows them, and must help preserve and guide development there by using things like acreage, frontage, setback, and other requirements that fit Massachusetts law. The Secretary must not approve any bylaw that he thinks would harm the seashore’s preservation or development goals, or any bylaw that fails to require notice to him when a variance or exception is granted. If a property that had been protected by an approved bylaw later gets a variance or starts a use that does not meet the applicable rules, the Secretary may restore his authority to acquire that property by condemnation. He may also make agreements with owners to delay or limit that authority on terms he thinks serve the seashore.

Full Legal Text

Title 16, §459b–4

Conservation, Source: USLM XML via OLRC

(a)Standards for approval; submission to Congress and municipalities; publication in Federal Register; approval of local bylaws; revocation of approval
As soon after August 7, 1961, as may be practicable, the Secretary shall issue regulations specifying standards for approval by him of zoning bylaws for purposes of section 459b–3 of this title. The Secretary may issue amended regulations specifying standards for approval by him of zoning bylaws whenever he shall consider such amended regulations to be desirable due to changed or unforeseen conditions. All regulations and amended regulations proposed to be issued under authority of the two preceding sentences of this subsection shall be submitted to the Congress and to the towns named in section 459b of this title at least ninety calendar days (which ninety days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) before they become effective and the Secretary shall, before promulgating any such proposed regulations or amended regulations in final form, take due account of any suggestions for their modification which he may receive during said ninety-day period. All such regulations and amended regulations shall, both in their proposed form and in their final form, be published in the Federal Register. The Secretary shall approve any zoning bylaw and any amendment to any approved zoning bylaws submitted to him which conforms to the standards contained in the regulations in effect at the time of the adoption by the town of such bylaw or such amendment unless before the time of adoption he has submitted to the Congress and the towns and published in the Federal Register as aforesaid proposed amended regulations with which the bylaw or amendment would not be in conformity, in which case he may withhold his approval pending completion of the review and final publication provided for in this subsection and shall thereafter approve the bylaw or amendment only if it is in conformity with the amended regulations in their final form. Such approval shall not be withdrawn or revoked, nor shall its effect be altered for purposes of section 459b–3 of this title by issuance of any such amended regulations after the date of such approval, so long as such bylaw or such amendment remains in effect as approved.
(b)Commercial and industrial use prohibition; acreage, frontage, setback and miscellaneous requirements
The standards specified in such regulations and amended regulations for approval of any zoning bylaw or zoning bylaw amendment shall contribute to the effect of (1) prohibiting the commercial and industrial use, other than any commercial or industrial use which is permitted by the Secretary, of all property within the boundaries of the seashore which is situated within the town adopting such bylaw; and (2) promoting the preservation and development, in accordance with the purposes of sections 459b to 459b–8 of this title, of the area comprising the seashore, by means of acreage, frontage, and setback requirements and other provisions which may be required by such regulations to be included in a zoning bylaw consistent with the laws of Massachusetts.
(c)Adverse provisions and absence of notice for variance as requiring disapproval of local bylaws
No zoning bylaw or amendment of a zoning bylaw shall be approved by the Secretary which (1) contains any provision which he may consider adverse to the preservation and development, in accordance with the purposes of sections 459b to 459b–8 of this title, of the area comprising the seashore, or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under and any exception made to the application of such bylaw or amendment.
(d)Termination of suspension of authority for acquisition by condemnation because of nonconforming variances and uses; agreements concerning exercise of authority
If any improved property with respect to which the Secretary’s authority to acquire by condemnation has been suspended by reason of the adoption and approval, in accordance with the foregoing provisions of this section, of a zoning bylaw applicable to such property (hereinafter referred to as “such bylaw”)—
(1)is made the subject of a variance under or an exception to such bylaw, which variance or exception fails to conform or is in any manner opposed to or inconsistent with any applicable standard contained in the regulations issued pursuant to this section and in effect at the time of the passage of such bylaw, or
(2)is property upon or with respect to which there occurs any use, commencing after the date of the publication by the Secretary of such regulations, which fails to conform or is in any manner opposed to or inconsistent with any applicable standard contained in such regulations (but no use which is in conformity with the provisions of such bylaw shall be held to fail to conform or be opposed to or inconsistent with any such standard),
the Secretary may, at any time and in his discretion, terminate the suspension of his authority to acquire such improved property by condemnation: Provided, however, That the Secretary may agree with the owner or owners of such property to refrain from the exercise of the said authority during such time and upon such terms and conditions as the Secretary may deem to be in the best interests of the development and preservation of the seashore.

Reference

Citations & Metadata

Citation

16 U.S.C. § 459b–4

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110