CPA Restrictions
Restrictions are legal documents that place limitations on the use of a property. These restrictions apply to all future owners of the property, and can’t easily be changed or removed by subsequent owners.
Section 12a of the Community Preservation Act requires that a permanent restriction be placed on any "real property interest" acquired using CPA funds to ensure that the property continues to be used for the applicable CPA purpose. Given this statutory requirement, a CPA project involving acquisition of any real property interest is technically not complete until the restriction is approved by the appropriate state agency and filed at the Registry of Deeds.
These are the four types of restrictions that are commonly used in CPA projects:
For Open Space Conservation and Outdoor Recreation Projects:
- Conservation Restrictions
- Approved by the MA Executive Office of Energy and Environmental Affairs (EEA)
For Community Housing Projects:
- Affordable Housing Restrictions
- Approved by the MA Executive Office of Housing and Livable Communities (EOHLC)
For Open Space Agricultural Projects:
- Agricultural Preservation Restrictions
- Approved by the MA Dept. of Agricultural Resources (DAR)
For Historic Projects:
- Historic Preservation Restrictions
- Approved by the Massachusetts Historical Commission (MHC)
Sample CPA Restrictions
Please note: These restrictions are provided as examples. They should not be used without consulting your Town Counsel or City Solicitor.
Affordable Housing Restrictions
- Barnstable (2019) - Seashore Homes
- Bedford (2004) - Bedford Housing Trust
- Newton (2002) - 241 Watertown Street
Conservation Restrictions - Conservation Land
- Model Conservation Restriction from EEA (April 2023)
- Grafton (2009) - Pell Farm
- Sharon (2015) - Billings Street Property
- Georgetown (2004) - Hampshire Woods
- Fall River (2017) - Yellow Hill Road (using Massachusetts Fish and Game CR Format)
Conservation Restrictions - Recreation Land (Parks, Playgrounds, Athletic Fields, Trails)
- Rowley (2019) - Dodge Reservation (CR for conservation with a designated area for a summer camp with buildings)
- Westport (2018) - St. Vincent DePaul (CR for combination active recreation and conservation)
- Westport (2018) - Santos Property (CR for combination active recreation and conservation)
- Marshfield (2012) - South River Park (CR permitting trails and related infrastructure)
- Carlisle (2007) - Benfield Recreational Land (CR permitting trails and athletic fields)
- Northampton (2015)- Northampton Community Farm (CR permitting parks, playgrounds, and athletic fields)
Agricultural Preservation Restrictions
Historic Preservation Restrictions
- Leverett (2015) - Leverett Town Hall
- Bourne (2011) - Swift Memorial United Church (this one takes a few moments to load)
- New Bedford (2020) - Susan Tripp House Term Restriction (local restriction of less than 30 years, not signed by MA Historic)
- Wenham (2021) - Community House Term Restriction (local restriction of less than 30 years, not signed by MA Historic)
- Westfield (2021)- YMCA Term Restriction (local restriction of 30 years, not signed by MA Historic)
- Acton (2009) - Exterior Only Preservation Restriction
- Sandwich (2023) - First Church Preservation Restriction
Further Resources
Oct. 2023