Zoning, building permits and septic rules in Town of Conway, Massachusetts

Town of Conway’s own rules

• Building permitRequired

  Solar photovoltaic installations in Conway town (the solar section only; not a general rule for all construction)

  • Roof-mounted installations on existing structures and ground-mounted installations up to 25 kW DC are allowed as of right with a valid building permit.
  • Installations above 250 kW DC require a special permit; site plan review applies to larger systems.

  “are allowed as of right with issuance of a valid building permit from the building inspector in all zoning districts: any roof-mounted installation on an existing structure or any ground-mounted installation less than or equal to 25 kw dc in capacity.”

• Local zoningPresent (with conditions)

  Land inside Conway town limits (Franklin County, MA), administered by the town under its own Protective Zoning Bylaws

  • Uses are permitted only if they meet all requirements of the bylaw; the rural/residential and agricultural district lists restricted uses in section 22.1 and multi-family dwellings in section 22.2.
  • Bylaw revision stamp is rev. 01 June 2024; amendments adopted after that date (e.g., 2025-2026 dwelling-unit and ADU changes noted in town planning board materials) were not checked against the consolidated text.

  “any otherwise lawful activity meeting all requirements of this bylaw shall be permitted except the following”

• Zoning districtsPartial

  Land inside Conway town limits

  • The bylaw names a rural/residential and agricultural district (section 22), a light industrial district (section 23), a floodplain overlay (article 7) and a solar overlay district. The zoning map itself was not opened, so boundaries are not confirmed here.

  “the town of conway is hereby divided into the following types of districts: a) rural residential/ agricultural district b) light industrial district c) floodplain district d) solar overlay district”

• Minimum lot sizeSpecified

  Building lots in Conway's rural/residential and agricultural district (main residential district; the bylaw names no separate agricultural minimum)

  • Lot must also comply with state and local sanitary codes.
  • Back-lot alternative (section 41.1(d)): an individual lot may have less frontage if it has a minimum of four acres and meets the other back-lot requirements in the bylaw.
  • Section 41.1 also says no building or mobile home may be placed on a lot unless it has at least 200 feet of frontage on a public way that suitably accesses fire, police and emergency vehicles.

  minimum lot area: >= 1 acre (or back lot under section 41.1(d) (four acres)) · minimum back-lot area: >= 4 acre (back lot only) · minimum frontage: >= 200 feet (back lots exempt from frontage if conditions met)

  “has a minimum area of one acre or complies with the requirements for back lots in 41.1 (c) or as may be exempted under section 6 of mgl chapter 40a.”

• SetbacksSpecified

  Primary buildings and structures on lots in Conway town (section 41.2 applies across the town)

  • Accessory buildings and structures: clearances are one-half the primary distances.
  • The zoning board of appeals may reduce accessory clearances by special permit (section 41.2.1).

  clearance from lot boundary (primary building): >= 25 feet (existing adjacent-lot building rule not applied) · clearance from public way (primary building): >= 50 feet (may match existing primary building on adjacent lot on same street)

  “no primary building or structure shall be located within 25 feet of any boundary or within 50 feet of a public way.”

• Manufactured homesLimited

  Placement of a mobile home on a lot in Conway town (the bylaw uses 'mobile home', not 'manufactured home')

  • Lot must comply with state and local sanitary codes.
  • Lot must have at least 200 feet of frontage on a public way with suitable emergency access and at least one acre, or meet the back-lot rule.

  “no building shall be erected or mobile home placed on a lot unless the lot: (a) complies with state and local sanitary codes; (b) has a minimum of 200 feet of frontage on a public way”

• Accessory dwellingsLimited

  Protected use accessory dwelling units (PUADU) on a lot in Conway town's residential district, one per lot

  • Planning board requires site plan review.
  • Only one ADU per lot may qualify as a PUADU; a PUADU is protected under MGL c.40A s.3 and 760 CMR 71.00.
  • Multi-family dwellings (more than two units) are prohibited except as allowed under section 22.3.

  “the planning board shall require a site plan review in accordance with section 64 and the following requirements.”

• Who permits septicMixed (with conditions)

  Septic systems on land inside Conway town: state Title 5 rules with Conway Board of Health administration, and permit/inspection processing through FRCOG

  • Title 5 is the state sanitary code; Conway Board of Health adds its own requirements (e.g., witnessed inspection and drinking water tests).
  • Since January 1, 2025 Title 5 work is permitted and inspected through FRCOG per the town page.

  “as of january 1, 2025 all title v work is being permited and inspected through frcog.”

• Septic inspectionRequired

  Existing septic systems in Conway town at property transfer, change of use or expansion

  • Inspection is triggered by transfer of property, change of use or expansion; not required for ongoing use.
  • Inspection must be conducted within two years before sale (or six months after if weather prevented it); systems pumped annually are valid for three years.
  • Inspection must be witnessed by an agent of the Conway Board of Health; drinking water must be tested for coliform, lead, nitrates and nitrites; homeowner responsible for water test.

  inspection validity before sale: <= 2 years (three years if pumped annually)

  “title 5 of the massachusetts state environmental code requires that all septic systems be inspected by a certified inspector at the time of transfer of property, change of use or expansion.”

• Driveway accessRequired

  Common driveways serving three or more building lots in Conway town

  • Common driveway must have at least a 30-foot right-of-way and a maximum gradient of 12% (section 41.5-2(a)).
  • Common driveway bylaw does not apply to rights-of-way existing before March 11, 1993, or to driveways shown on a plan recorded before that date.
  • Single driveways serving one or two lots are not covered by the common driveway bylaw in this excerpt.

  minimum right-of-way width: >= 30 feet (variances may be granted for steeper short sections) · maximum gradient: <= 12 percent (short steeper sections by variance from the ZBA)

  “common driveways, which are to be constructed, extended or utilized to provide access to three or more building lots are required to conform to the common driveway bylaw.”

• Building in a floodplainLimited

  Land inside the flood plain district overlay (article 7) in Conway town

  • Underlying permitted uses are allowed in the flood plain overlay only if they meet article 7 and the state building code for flood plains.
  • Article 7 development rules were not read in full.

  “the flood plain district is herein established as an overlay district. the underlying permitted uses are allowed provided that they meet the requirements of article 7 of these zoning bylaws as well as those of the massachusetts state building code dealing with construction in flood plains.”

• Permit processPartial

  Percolation tests and new or replacement septic systems on land inside Conway town

  • Percolation tests may be done throughout the year at the Board of Health's discretion; a Board of Health member must observe.
  • A parcel may not be sold as or for a building lot until a valid and current percolation test for the site is on record.
  • Permit applications are handled through FRCOG online permitting (installer permits, hauler permits, and Title 5 work) per the town page.

  “an application for soil percolation test should be completed and sent to the board of health in advance of the test date with payment of the appropriate fee.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Conway or Franklin County directly.

• Owner-builder exemption — Owner-builder construction of a home in Conway town
• Inspections — Residential construction inspections in Conway town
• Certificate of occupancy — Occupancy of new homes in Conway town
• Minimum dwelling size — Minimum floor area for a dwelling in Conway town
• Lot coverage — Lot coverage limits in Conway town

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.