Five Communities Challenge MBTA Communities Act In Court
Five Massachusetts towns—Marshfield, Hanson, Wrentham, Middleton, and Holden—are in court challenging the state's MBTA Communities Act, arguing that it imposes an unfunded mandate by requiring new zoning for multifamily housing near transit areas. They are seeking a preliminary injunction to halt enforcement, while the state is moving to dismiss the case. Holden recently joined the lawsuit, while Middleboro, once a plaintiff, settled with the state by agreeing to expand an existing Smart Growth district rather than create a new one.
The towns claim that both compliance and noncompliance with the law come with significant financial burdens. Municipalities that comply must undertake costly zoning changes, which involve legal, planning, and administrative expenses. Additionally, compliance may lead to long-term costs, such as upgrading water and sewer systems, expanding public safety services, and increasing school capacity to accommodate potential population growth. These infrastructure improvements could cost millions of dollars, straining local budgets.
On the other hand, noncompliance carries its own financial risks. Towns that fail to adopt the required zoning changes become ineligible for certain state grants, which could impact infrastructure projects, public transportation enhancements, and public safety initiatives. Furthermore, the state Attorney General has the authority to enforce compliance, potentially leading to costly legal battles. This puts municipalities in a difficult position: either invest heavily in zoning and infrastructure or face financial penalties, reduced funding opportunities, and possible legal action.
The state argues that towns have control over how they implement zoning changes and that potential costs, such as increased demand for local services, remain speculative. The Attorney General maintains that the law does not mandate construction but instead provides zoning flexibility to encourage housing near transit. While Massachusetts has offered $8.7 million in technical grants, the towns argue this funding is insufficient. They point to the MBTA Communities Catalyst Fund as an acknowledgment that zoning compliance will require significant local investment.
The judge must now decide whether to temporarily block enforcement of the law. With a July 14, 2025, deadline for compliance, the towns are pushing for more time to negotiate solutions with the state. This case highlights the ongoing tension between local control and state housing mandates, particularly in communities where voters have rejected the required zoning changes. The outcome could set a precedent for how Massachusetts enforces its housing policies in the future.