MBTA Communities zoning upheld again by the state’s highest court

What the law requires

Section 3A of the state Zoning Act applies to cities and towns the state designates as MBTA communities. Each must have at least one zoning district of reasonable size in which multi-family housing is permitted as of right, meaning without a special permit or other discretionary approval. The district must have a minimum gross density of 15 units per acre, be located no more than half a mile from a commuter rail station, subway station, ferry terminal or bus station where applicable, and allow housing without age restrictions that is suitable for families with children.

A community that does not comply loses eligibility for several state funding programs named in the statute, including MassWorks and the Housing Choice Initiative.

The court rulings

In January 2025, in a case the Attorney General brought against Milton, the Supreme Judicial Court upheld the law.

On September 18, 2026, the court affirmed the dismissal of Marshfield’s lawsuit. It rejected the town’s claims that the law is an unfunded mandate and that it conflicts with the Home Rule Amendment and the Zoning Act.

What it means in practice

Zoning sets what may be built as of right; it does not build anything. New multi-family buildings in these districts still need an owner willing to build, financing, site plan review where the town uses it, and building permits. Some districts were drawn over land that is already developed, so change may be slow or limited.

For buyers and owners, the practical step is to know the map. If you are buying near a station in a covered town, look at the town’s current zoning map and its MBTA Communities district. A parcel inside or next to the district may see different uses over time than older zoning suggested. Owners of land inside a district have options under the new zoning that they did not have before.

Status as of October 2026

The law stands, after two rulings by the state’s highest court. Compliance status differs from town to town, and districts and regulations can change. For a specific property, check the town’s current zoning and the state’s MBTA Communities page.