byright

Byright, also written by-right, is a planning term describing development that can proceed under existing zoning and building code requirements without discretionary approvals from planning authorities. The concept is often discussed in relation to zoning regimes that differentiate between developments that comply with code and those that require special permits, variances, or design review.

In practice, byright development must conform to the applicable zoning district’s enforceable standards, including lot size or density, setbacks, height limits, parking, and subdivision rules. If a project meets these standards, approval is typically straightforward and may be issued at a staff level or through ministerial review, without the need for discretionary board decisions. Some jurisdictions still require a form of site plan review or building permit process, but such reviews focus on compliance rather than exercising discretion over eligibility.

Benefits of byright development include greater predictability in timelines, reduced permitting costs, and potential simplification of housing or commercial delivery. Advocates argue that it can help increase housing supply and support economic growth. Critics contend that byright processes may limit public input, curb broader design or community-impact considerations, and perpetuate outdated zoning patterns if the codes themselves are not regularly updated.

Byright usage is common in places with formal zoning codes, and the term is often discussed alongside related concepts such as “as of right” development, zoning compliance, and discretionary land-use approvals. See also: Zoning, As of right development, Special permit, Variance, Planning board, Housing policy.