Massachusetts Pushing Statewide Zoning Reforms With Steeper Penalties for Non-Compliance

Massachusetts is one of the states in the nation requiring local governments to make more space for multi-family housing. Not all local governments are willing to comply, however.

1 minute read

August 21, 2023, 5:00 AM PDT

By James Brasuell @CasualBrasuell


Massachusetts State Capitol

Marc Lechanteur / Shutterstock

There are new penalties in Massachusetts failing to adhere to the MBTA Communities law, a statewide mandate for zoning that allows multi-family housing development by-right near transit stations.

“Municipalities that do not follow the MBTA Communities law […] will no longer be eligible for a new list of state funding opportunities until they are in compliance,” reports Tréa Lavery for Mass Live.

“The law was adopted in 2021 and requires cities and towns served by the transit agency have at least one zoning district “of reasonable size” where multi-family housing is allowed within a half-mile of a commuter rail, subway or bus station or ferry terminal, if applicable,” adds Lavery.

“Earlier this month, the town of Holden was sued by the Central Massachusetts Housing Alliance for saying it would not follow the law,” according to Lavery.

The news reflects a trend visible in other states, perhaps most notably in California, where state preemption of local control of zoning codes still requires stiff penalties to get local governments working on zoning reform.

More details on the penalties attached to the MBTA Communities law are found in the source article below. Lavery also reports that the state has awarded $2 million to fund technical assistance to communities working to comply with the law.

Thursday, August 17, 2023 in Mass Live

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