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.