Housing and Community Development

Multi-Family Zoning Requirement for MBTA Communities (Section 3A)

Section 3A of M.G.L. c. 40A (the Zoning Act) requires that an MBTA community shall have at least one zoning district of reasonable size in which multi-family housing is permitted as of right and that meets other criteria set forth in the statute.

On August 10th, 2022, DHCD issued the final guidelines to achieve compliance with Section 3A.

Enacted as part of the economic development bill in January 2021, new Section 3A of M.G.L. c. 40A (the Zoning Act) requires that an MBTA community shall have at least one zoning district of reasonable size in which multi-family housing is permitted as of right and that meets other criteria set forth in the statute.

SRPEDD is working with the Executive Office of Housing and Livable Communities (EOHLC) and Massachusetts Housing Partnership (MHP) to provide technical assistance and resources to its member communities affected by Section 3A.

Key Dates and Deadlines

By January 31, 2023, all MBTA Communities must submit a timeline and an Action Plan to EOHLC to achieve interim compliance.

By December 31, 2024, all Commuter Rail and Adjacent (non-Small Town) Communities must submit an application for district compliance, "which is achieved when EOHLC determines that an MBTA community has a multi-family zoning district that complies with Section 3A."

By December 31, 2025, all Adjacent Small Town Communities must submit an application for district compliance.

Have a question about the new law or technical assistance (TA) to achieve compliance?

Please email one of our staff contacts with your question and we will be in touch. You may also explore "3A-TA" opportunities from EOHLC, MHP, and other sources here by clicking here.

Announcements

Learn about Freetown’s proposed Planned Development District (PDD)!

By Maria Jones | March 18, 2024

Freetown is working with the Southeastern Regional Planning and Economic Development District (SRPEDD) to draft a zoning bylaw that will comply with the MBTA Communities Act. A series of public …

The Town of Mansfield's Commuter Rail Station and surrounding transit-oriented development.

March 2023 MBTA Communities Update

By Taylor Perez | March 20, 2023

General Updates The Attorney General issued an advisory on March 15th, 2023 clarifying municipalities’ obligations and enforcement under the MBTA Communities Zoning Law (Section 3A of M.G.L. c.40A). Technical Assistance …

Robert Cabral

Director of Housing and Community Development

Taylor Perez

Assistant Director of Housing and Community Development

Important Links

Final Compliance Guidelines

On August 10, 2022, EOHLC issued the final guidelines to determine if an MBTA community is in compliance with Section 3A.

District Compliance Application

Apply for District Compliance with EOHLC.

Advisory Concerning Enforcement of the MBTA Communities Zoning Law

Read the Attorney General's advisory on the enforcement of the MBTA Communities Zoning Law.

EOHLC Technical Assistance Inquiry Form

Inquire about technical assistance opportunities with the Executive Office of Housing and Livable Communities.

Action Plan Form

Fill out the form to submit an Action Plan to EOHLC to achieve interim compliance. The deadline to submit a Plan is January 31, 2023 for all MBTA Communities.

Submitted Action Plans

View the list of submitted Action Plans as of February 8th, 2023.

Letter to Communities

Read the letter sent to each MBTA Community.

MGL c.40A sec. 3A

Read the statute "Multi-family zoning as-of-right in MBTA communities."

SRPEDD Section 3A Resources

Massachusetts Housing Partnership (MHP) Webinar Series

SRPEDD is proud to have presented two webinars in MHP's webinar series "More Than Compliance: Multifamily Districts That Work in Your Community." Our presentations and accompanying StoryMaps for our two webinars, "Exploring Housing at Different Densities" and "Siting Your District for Adjacent Communities," are linked below.

For more information or to inquire about the webinar series, please contact Grant King or Taylor Perez.

Executive Office of Housing and Livable Communities' Presentation to SRPEDD MBTA Communities

On November 14th, 2022, EOHLC's Chris Kluchman and Nathan Carlucci presented and facilitated a Q&A session with SRPEDD MBTA communities on Section 3A. To review the slides, click here.

Exploring Densities Storymap

Siting Districts Storymap

What communities are affected?

Currently, 17 of SRPEDD's 27 member communities are subject to the requirements set forth in Section 3A. While several communities in the SRPEDD region are affected by the construction of new commuter rail stations under the South Coast Rail project, only communities identified as an “MBTA community” in Section 1A of the Zoning Act and Section 1 of Chapter 161A of the General Laws are subject to the requirements set forth in Section 3A. Of those communities, transit categories were assigned to reflect certain MBTA service changes that will result from new infrastructure projects now under construction (i.e. South Coast Rail), as well as the elimination of regular commuter rail service at the existing Lakeville station. These changes are scheduled to take effect in all cases a year or more before any municipal district compliance deadline.

On January 1st, 2023, SRPEDD member communities Fall River and New Bedford were added to the legislation as MBTA Communities per the results of their local referendums to join the MBTA service district.

Project Spotlight

Norton Section 3A Technical Assistance

Ongoing Technical Assistance

SRPEDD is currently providing technical assistance to a number of its member communities. Below is a list of ongoing and recently completed work:

Carver: Pathways to Compliance
Freetown: Bylaw Development - Learn more!
Lakeville: Evaluating an Existing District (Complete)
Middleborough: Pathways to Compliance
Norton: Pathways to Compliance
Raynham: Pathways to Compliance
Rochester: Evaluating an Existing District
Taunton: Evaluating an Existing District
Wareham: Evaluating an Existing District (Complete)

Please contact Taylor Perez if you have questions about technical assistance.

What Changed Since the Draft Guidelines?

While there were a number of changes, additional definitions, and clarifications added to the final Compliance Guidelines, the following are the most notable within SRPEDD’s region:

Addition of “Adjacent Small Town” Transit Category;
Clarification of the final transit categories for communities affected by South Coast Rail;
Guidance on the inclusion of affordability requirements within a multi-family zoning district;
Guidance on water and wastewater infrastructure within a multi-family zoning district;
Updates to deadlines for interim and district compliance; and
Updates to how existing and new 40R districts can comply with Section 3A.

To learn more about these changes, please see SRPEDD's Summary of Section 3A.