MBTA Communities Law

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Overview

The MBTA Communities Law was passed in January, 2021. It applies to all cities and towns (excluding Boston) that have or are adjacent to communities that have MBTA transit stops. Newton is included among the 177 communities this law applies to. 

The law addresses Massachusetts’ housing shortage by requiring all MBTA Communities to change zoning regulations around their local transit stations to allow multifamily housing by-right. The law’s statute outlines three critical components to the zoning changes:

  • Minimum gross density of 15 units per acre

  • Located not more than 0.5 miles from a commuter rail station, subway station, or ferry terminal, if applicable

  • No age restrictions and suitable for families with children

On August 10, 2022 the Executive Office of Livable Communities (EOHLC) provided the final guidelines MBTA Communities must follow in order to be in compliance with the law. Attorney General, Andrea Campbell, followed this up on March 15, 2023 with an advisory that further details the final guidelines and consequences of not abiding by the new law. 

Newton is considered a “rapid transit” community and passed zoning that complies with the final guidelines of the MBTA Communities Law, shown below:

 

Status

Currently Newton is conditionally compliant. The State's Executive Office of Livable Communities (EOHLC) has recognized the diligent work of the City to meet the requirements of the Law, while requesting further refinement on two technical components of the zoning ordinance:

1. Clarification that pre-existing, nonconforming uses and structures be considered compliant with the zoning if they meet the requirements of the overlay district.

2. Removal of the newly adopted limits on retaining walls over four feet for mixed use and multifamily structures. 

The full letter from the Executive Office of Livable Communities designating Newton as Conditionally Compliant may be viewed by clicking here. 

 

Why multi-family housing is important
What is Transit Oriented Development?
Resources

 

Contact

Jennifer Caira, Deputy Director of Planning and Development

jcaira@newtonma.gov

617-796-1121

Nora Masler, Planning Associate

nmasler@newtonma.gov

617-796-1123