The Supreme Judicial Court on Wednesday upheld a controversial state law that mandates multi-family housing zones for cities and towns serviced by the MBTA — including those that will soon get commuter rail service via South Coast Rail.
The SJC ruled that the 2021 MBTA Communities Law is constitutional and Attorney General Andrea Campbell had the authority to enforce it. But it also ruled that the guidelines by which the law can be enforced were improperly created, sending enforcement back to the drawing board.
The court took up the case after the state sued Milton for rejecting proposed zoning rules that would’ve complied with the act.
Are SouthCoast communities on the new commuter rail route complying with the law? Most are — but some aren’t, leaving them open to legal action or loss of funding. Let’s break it down.
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The Freetown station of the South Coast Rail has been completed.
What does the MBTA Communities Law do?
It’s intended to boost affordable housing near public transportation. All communities that have joined the Massachusetts Bay Transportation Authority must create a high-density overlay district within a half-mile of a rail, bus or ferry station, and that zone must allow multi-family housing.
An “overlay” district means a zone is placed on top of an existing zone. It doesn’t replace any zoning.
The zone must be able to hold a minimum number of multi-family housing units based on the city or town’s population.
The law does not require those housing units to actually be built — a community only has to have the zone for it.
Neighborhood behind the new T stop at Depot St. in Fall River June 4, 2024.
Who has to comply with the law, and what happens if you don’t?
All cities and towns that voted to join the MBTA have to comply with it. Different communities have different rules, based on criteria like population size and whether it hosts a rail platform or only abuts a city that does.
If a community doesn’t comply with the MBTA Communities Act, it can lose state funding for roads, infrastructure, housing and more, and can be sued by the state Attorney General.
Are cities and towns on South Coast Rail complying with the law?
Two are fully compliant.
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Fall River, Commuter Rail community: Has a zone for at least 6,652 multi-family units, 40% of them within a half-mile of Fall River Depot station on Davol Street
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Taunton, Commuter Rail community: Has a zone for at least 3,745 multi-family units, 40% of them within a half-mile of East Taunton station on County Street
Four communities have interim compliance. This means the city or town is taking active steps to comply with the law, like submitting a plan to the state’s Executive Office of Housing and Livable Communities.
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Berkley, adjacent small town: Needs to create a zone that can hold 118 multi-family units
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Lakeville, adjacent small town: Needs to create a zone that can hold 231 multi-family units
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New Bedford, Commuter Rail community: Needs to create a zone that can hold 6,688 multi-family units, 75% of them near its two rail stations.
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Rochester, adjacent small town: Needs to create a zone that can hold 105 multi-family units
According to the MBTA, action plans for Lakeville, New Bedford and Rochester are currently under review. Berkley’s action plan has been approved.
New Bedford had to meet a Dec. 31 deadline to submit its plan. The other towns have until the end of 2025 to comply.
South Coast Rail project ribbon cutting Monday at the Freetown Station.
Are any South Coast Rail communities not complying with the law?
Three communities are not in compliance with the MBTA Communities Law:
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Freetown, Commuter Rail community: Must have a zone for 750 multi-family units, 40% of them within a half-mile of its station on South Main Street.
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Middleboro, Commuter Rail community: Must have a zone for 1,471 multi-family units, 40% within a half-mile of its station on South Main Street
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Raynham, adjacent community: Must create a zone with 750 multi-family units
All three missed a Dec. 31 deadline.
Middleboro Director of Planning and Community Development Leeann Bradley said a Special Town Meeting vote on Oct. 7 to adopt a zoning bylaw was “overwhelmingly rejected.”
“At this time, Middleboro has not discussed taking steps to comply with the MBTA mandate,” Bradley said.
When asked if Middleboro officials were concerned about a possible loss of state funding or legal repercussions, Bradley had no comment.
Town officials from Freetown and Raynham did not reply to requests for comment as of Thursday afternoon.
This article originally appeared on The Herald News: MBTA Communities Law: Which South Coast Rail towns are complying?