MBTA Communities Act Dashboard

The MBTA Communities Act dashboard was compiled, developed, and is maintained through a collaborative effort of individual residents, community officials and employees. It tracks zoning votes, referendums, state compliance status, and more. This resource is freely available for individuals to use for community advocacy, raising awareness, meeting assets, and other purposes.

What is the law?

Section 3A: Multi-family zoning as-of-right in MBTA communities

Section 3A. (a)(1) An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable.

(b) An MBTA community that fails to comply with this section shall not be eligible for funds from: (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29; (iii) the MassWorks infrastructure program established in section 63 of chapter 23A, or (iv) the HousingWorks infrastructure program established in section 27 of chapter 23B.

(c) The executive office of housing and livable communities, in consultation with the executive office of economic development, the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, shall promulgate guidelines to determine if an MBTA community is in compliance with this section.

Things that make you go hmm…

One has to wonder: if there truly is a housing crisis, every community should contribute to addressing this statewide crisis. However, if everyone is expected to pitch in, why are only 177 out of 351 communities “mandated” to take action in this “crisis”? Why, then, are 49.6% of Massachusetts communities, including Boston, Avon, Pepperell, Bolton, Hudson, Berlin, Clinton, Boylston, parts of Worcester County, the entirety of Cape Cod, Nantucket, Martha's Vineyard, and the counties of Berkshire, Franklin, Hampshire, and Hampden, exempt? What is the relationship between the MBTA transit system and the alleged housing crisis? Affordability is a major concern for most people, so why does this amendment to Chapter 40A §3A not address it? At a minimum, that is one question that needs to be answered by the Governor, Lieutenant Governor, Attorney General, and the Secretary of the Executive Office of Housing and Livable Communities (EOHLC).

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The Microsoft Excel (.xlsx) and Comma Separated Value (.csv) files available for download offer greater detail than the above table due to space limitations.

In the “Zoning Amendment” or “Voter Action” section, “Passed” signifies that a simple majority of the community approved the MBTA Communities Act zoning bylaw/map amendment during their town or city meeting. However, it's important to note that “Passed” does not mean the state Attorney General and the Executive Office of Housing and Livable Communities (EOHLC) will automatically consider the zoning district as “compliant.” Conversely, “Failed” signifies the opposite outcome, or that a referendum overturned an adoption decision made during the town/city meeting. In the “Zoning Amendment” section, “Postponed” indicates one of two things: either the town or city meeting has been rescheduled to later date, or the community has decided not to take any action, such as the case of Holden. In the “Zoning Amendment” section, “Pending” indicates that no vote by the town or city has been taken and is scheduled for a future date.

In the “Compliance” section, the MBTA Communities Act Compliance Date is specified as December 31 of the indicated year.

Compliance Status was updated as of July 12, 2024, by EOHLC.