Permanent MBTA Communities Regulations Now in Effect

NAIOP's Advocacy Alerts are generously supported by Issues Management Group and Pierce Atwood, LLP.

On Monday, April 14, the Healey-Driscoll Administration announced the release of final regulations for M.G.L. Chapter 40A, Section 3A, otherwise known as the MBTA Communities Act. These regulations are in effect.

On January 14, the Executive Office of Housing and Livable Communities filed emergency regulations while soliciting comments. On February 21, NAIOP submitted a letter of support and urged EOHLC to quickly advance final, permanent regulations so that the implementation of the MBTA Communities Act could continue as quickly as possible.

According to the final regulations, communities that did not meet prior deadlines to submit new zoning to the state will have until July 14, 2025 to submit a district compliance application to EOHLC. Communities designated as adjacent small towns still have a December 31, 2025 deadline to submit district compliance applications.

NAIOP is grateful to the Healey-Driscoll Administration for advancing successful implementation of the MBTA Communities Act. According to the announcement, currently, 68 communities are deemed compliant or conditionally compliant with the Act. A total of 119 communities have adopted multifamily zoning to comply with the law.

As a stakeholder in these efforts over two Administrations, NAIOP continues to monitor the implementation of the MBTA Communities Act across the Commonwealth and encourages members to provide feedback to NAIOP's Advocacy Team as they pursue housing projects in communities governed by the Act.

The NAIOP Advocacy Team is working on numerous initiatives at the state and local level. If you have questions regarding the Commission’s recommendations, or other topics, please feel free to reach out to NAIOP's CEO Tamara Small or NAIOP's Vice President of Policy and Public Affairs, Anastasia Daou.