To do this, the MBTA Communities law identifies 175 municipalities that must have at least one zoning district of reasonable size where multifamily housing is permitted as of right, and:

• The district must allow a minimum gross density of 15 units per acre; and
• The district must be located not more than half a mile from a transit center; and

• The district may not include age restrictions and must be suitable for families with children.

Under the final regulations:

• MBTA Communities are categorized as either Rapid Transit, Commuter Rail, Adjacent, or Small Town.
• Generally, a Rapid Transit community must establish a district that allows multifamily units as of right equal to 25% of the community’s total existing housing unit count; Commuter Rail, 15%; Adjacent, 10%; and Adjacent Small Town, 5%.
• Small towns with populations under 7,000 or with less than 500 residents per square mile are not subject to a minimum district size requirement and have reduced minimum unit capacity requirements.

• Multifamily zoning capacity in the district will not exceed 25% of the municipality’s total housing stock, nor will the district size exceed 1.5% of its developable land.
• Municipalities with significant developable land near transit stations will be required to locate much of their district within half a mile; those with less developable land will be able to locate their districts elsewhere.
• Municipal site plan review is permissible for development proposals within the multifamily as of right district.
• Mixed use projects may be allowed as of right within the districts if multifamily housing is allowed as of right as a separate use.
• Existing inclusionary zoning requirements may apply to the district if the affordable units may be added to the Subsidized Housing Inventory; if the affordable unit requirement is not more than 10%; and if the cap on income is not more than 80% AMI. Further, existing inclusionary zoning requirements of up to 20% may be deemed consistent with the law if the municipality passed its inclusionary zoning prior to the enactment of the MBTA Communities law and if it can demonstrate that the requirement will not impede multifamily housing development. Districts may also receive approval for higher affordability requirements as part of 40R or other state zoning incentive programs.

All MBTA Communities must submit an interim compliance report demonstrating how they will reach full compliance to DHCD by January 31, 2023; depending on classification type, municipalities will have until the end of 2023, 2024, or 2025 to achieve full compliance. If they do not, they will be ineligible to receive state MassWorks, Housing Choice, or Local Capital Projects funding. Technical assistance for MBTA Communities is available through several sources.

Resources:

• Section 3A (MBTA Communities Law) Guidelines may be accessed here: Section 3A Guidelines | Mass.gov
• The Massachusetts Department of Housing and Community Development: Department of Housing and Community Development | Mass.gov

For any questions, please contact Catherine Rollins, Director, ULI Boston/New England at [email protected]