Jennifer Maddox, undersecretary for the Department of Housing and Community Development, discusses draft zoning guidelines for MBTA communities during a Jan. 12 DHCD webinar.

The Department of Housing and Community Development hosted a webinar on Jan. 12 for municipal leaders in 175 “MBTA communities” related to draft guidelines for a new multifamily zoning requirement.

Housing and Economic Development Secretary Mike Kennealy and DHCD officials stressed that the guidelines are focused on zoning and protecting local flexibility, and are not a mandate for housing production in MBTA communities.

For the 2022 cycle, an MBTA community will be deemed to achieve interim compliance and remain eligible for the grant programs offered through Community One Stop for Growth as long as it completes an online MBTA Community Information Form by May 2.

Enacted as part of the 2021 economic development bill, a new section (3A) of the Zoning Act (Ch. 40A) requires the 175 MBTA communities to have a zoning ordinance or bylaw that provides for at least one district of reasonable size in which multifamily housing is permitted as of right.

Such districts must meet the following criteria:
• Minimum gross density of 15 units per acre
• Not more than one-half mile from a commuter rail station, subway station, ferry terminal or bus station, if applicable
• No age restrictions
• Suitable for families with children

The DHCD is charged with promulgating guidelines to determine if an MBTA community is in compliance with Section 3A. MBTA communities that fail to create a zoning district that complies with Section 3A would be ineligible for funds from the MassWorks Program, the Housing Choice Initiative, and the state’s Local Capital Projects Fund.

The Executive Office of Housing and Economic Development is coordinating a process to provide technical assistance to municipalities to support local implementation. The DHCD website includes the draft compliance criteria, information about technical assistance, and other supplemental information. The guidelines are available online, and public comment is being accepted through March 31.

View the slides from the DHCD webinar
View the webinar

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