MBTA Communities Act Timeline

Key milestones and legal developments shaping the implementation of the multifamily housing zoning law.

January 2021: MBTA Communities Act becomes law

Passed in 2021 as part of a broad economic package (143-3 in the State House of Representatives and 40-0 in the State Senate), the MBTA Communities Act requires cities and towns served by the Massachusetts Bay Transportation Authority (MBTA) to create zoning districts that allow multifamily housing by right near transit stations. This law aims to address the state's housing crisis by encouraging higher-density housing in well-connected areas.

Current state of compliance in Massachusetts towns:
119 Compliance plan submitted and/or approved
24 Need to submit compliance plans by July 2025 (includes Weston)
28 Need to submit compliance plans by Dec 2025
4 Not in compliance (missed deadline)

February 2024: The Milton Case: A Challenge to State Authority

The case arose when the town of Milton, which has four MBTA stations, rejected a zoning proposal designed to comply with the Act. The Attorney General sued to enforce the law, leading to the SJC ruling that reaffirmed the state's authority to impose such zoning requirements.

April 2024: Weston begins public process to develop plan

Weston launched a public process to develop a zoning plan that complies with the MBTA Communities Act. Thirteen workshops, office hours, strategy sessions and public hearings were held between April 2024 and November 2024.

Informational Workshop 1 April 29, 2024
Mapping Workshop 1 May 21, 2024
Mapping Workshop 2 June 13, 2024
Mapping Workshop 2* June18, 2024
Office Hours June 25, 2024
Office Hours July 10, 2024
Office Hours July 16, 2024
Zoning Strategy Workshop July 22, 2024
Zoning Strategy Presentation September 12, 2024
Zoning Bylaw Presentation September 25, 2024
Public Hearing 1 October 16, 2024
Public Hearing 2 November 6, 2024
Public Hearing 3 November 20, 2024

October 2024: Healy announces Catalyst Fund

Governor Healy announces the $15M Catalyst Fund, a new program offering grants to support local housing and infrastructure projects — but only for cities and towns that comply with the multi-family zoning law. For example, the Town of Lincoln was granted $430,000 for the design phase of a water main extension servicing its 3A district.

December 2024: Weston Votes

At Town Meeting on December 3rd 2024, the town voted on the proposed by-law change. The proposed zoning bylaw was defeated at Town Meeting, with 195 votes in favor and 544 opposed.

January 2025: Key Ruling: MBTA Communities Act is Constitutional

On January 8, 2025, the Massachusetts Supreme Judicial Court (SJC) ruled in favor of the state, affirming the constitutionality of the MBTA Communities Act. The decision confirms the state's authority to mandate zoning changes that encourage multifamily housing near public transit stations. The court also upheld the Attorney General’s power to enforce compliance with the law.

While the court upheld the law itself, it found that the Executive Office of Housing and Livable Communities (EOHLC) failed to follow the Administrative Procedure Act (APA) when issuing compliance guidelines. Because proper notices and impact statements were not filed, the court deemed the guidelines ineffective, requiring the HLC to reissue them properly.

Following the ruling, the HLC announced it would issue new regulations through emergency action. Municipalities that missed previous deadlines must now submit an action plan by February 13, 2025 and apply for a determination of district compliance by July 14, 2025.

February 2025 – Unfunded mandate

Several towns in Massachusetts are challenging the MBTA Communities Act on the grounds that it imposes an "unfunded mandate." This means the state is requiring municipalities to change their zoning laws—often to allow for more multi-family housing—without providing sufficient funding to cover the associated costs, such as infrastructure upgrades or expanded public services. While the state argues it has offered grants and technical support, some local officials believe these resources fall short of what’s needed to comply.

April 2025 – Regulations become permanent

Following a public comment period, EOHLC filed permanent regulations on March 28, and the Secretary of the Commonwealth published the permanent regulations on April 11.

May 2025 – The town will vote on the plan to comply

The Town will submit a plan for compliance at Town Meeting on May 5th.

July 2025 – The town must be in compliance

The Town must comply by July 14, 2025

What Happens if a Town Does Not Comply?

Municipalities that fail to comply with the MBTA Communities Act face significant consequences, including:

• Loss of State Grants: Non-compliant towns are ineligible for key state funding programs, including the Housing Choice Initiative, Local Capital Projects Fund, and MassWorks Infrastructure Program. These grants support infrastructure improvements, affordable housing projects, and economic development.
• Legal Action from the Attorney General: The SJC ruling confirmed that the Attorney General has the authority to sue municipalities that refuse to comply, as demonstrated in the Milton case.
• Potential Developer Lawsuits: Developers may challenge a town’s zoning restrictions if they believe the town is unlawfully preventing multifamily housing development.
• Increased State Scrutiny: Non-compliant towns may face additional oversight and pressure from state agencies, which could impact future funding opportunities and planning initiatives.

These penalties underscore the importance of timely compliance, as failing to act could result in financial and legal consequences for municipalities.

Sincerely,
Nancy Piedra