Mandating Multifamily Zoning Near Massachusetts Public Transit

Mandating Multifamily Zoning Near Massachusetts Public Transit

Communities served by the Massachusetts Bay Transit Authority are required to provide at least one zoning district near transit where multifamily housing is allowed by right.

Transit-oriented development promotes density in areas close to public transit, allowing more people to access amenities and employment opportunities while reducing individual reliance on automobiles and relieving pressure on automobile infrastructure. In January 2021, Massachusetts enacted House Bill 5250 (H.5250) to enable partnerships for growth. The bill includes measures to ensure that the state’s public transit system is prioritized for higher-density residential construction through amendments to the state’s Zoning Act, codified as Chapter 40A, that apply to all Massachusetts communities except Boston, which operates under its own zoning law.

The need for H.5250 arose from the state’s high housing costs, a push for more affordable and environmentally friendly housing options, and the persistence of local zoning laws inhibiting the development of dense transit-oriented development. In addition to easing the approval process for zoning amendments that facilitate the production of multifamily housing, the bill directs communities served by the state’s transit agency, the Massachusetts Bay Transportation Authority (MBTA), to zone at least one district near a transit station that permits multifamily housing without the need for a special permit, variance, zoning amendment, or other discretionary approval. The districts are prohibited from incorporating age restrictions and must allow housing suitable for families with children. Districts must be of reasonable size and have a minimum gross density of 15 dwelling units per acre. The new requirements apply to the 177 MBTA communities that host an MBTA station or adjacent communities.

The bill also directs the Massachusetts Department of Transportation, in consultation with MBTA, to prepare guidelines to determine jurisdictions’ compliance with the bill. The guidelines state that a district is of reasonable size if the land area can accommodate neighborhood-scale development, and they provide specific minimum acreage requirements depending on the level of transit service and the amount of developable land in the community. The guidelines also specify that a reasonably sized district must accommodate a reasonable number of multifamily units, which is determined by a community’s level of transit service and number of housing units.

The guidelines do not include affordability requirements for developments within the districts, noting that such requirements can make the construction of new multifamily housing economically infeasible. This would defeat the purpose of the new law and potentially lead the department to determine that a district does not comply with H.5250. In most cases, jurisdictions can impose affordability requirements on only up to 10 percent of the units in a project, and income limits on those units must be above 80 percent of the area median income. The guidelines allow more affordable units or deeper affordability if that goal is consistent with a community’s smart growth regulations or is supported by an economic feasibility analysis.

MBTA communities comply with the bill when they adopt a multifamily zoning district that meets all the state’s requirements and has been certified by the state’s Department of Housing and Community Development. The guidelines call for communities to submit action plans by January 31, 2023. In addition to information about current zoning, plans for multifamily housing, and potential multifamily zoning districts, the plans must provide a timeline for actions that will result in a compliant multifamily district. Over the next 1 to 3 years, depending on an area’s level of transit service, communities must apply for a determination that their multifamily districts comply with H.5250. The application must include a copy of the community’s zoning ordinance and map as well as an estimate of its multifamily unit capacity. Approval of an action plan preserves a community’s eligibility for funding through the MassWorks infrastructure program, Housing Choice Initiative, and Local Capital Projects Fund. The state offers technical grants to assist communities in their compliance efforts, which totaled $768,000 for 14 MBTA communities in fiscal year 2023. As of April 2023, Massachusetts had approved 162 plans; 12 plans were under review and 3 communities needed to submit plans.

Click here to access H.5250 and information about how it addresses regulatory barriers. Find more plans, regulations, and research that state and local governments can use to reduce impediments to affordable housing at HUD USER’s Regulatory Barriers Clearinghouse.

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