The state Supreme Judicial Court has upheld the MBTA Communities Act, ruling that the law is constitutional overall and that Attorney General Andrea Campbell can enforce it.
According to CommonWealth Beacon, the ruling also found that regulations created under the law were issued incorrectly and must be reworked. To counter that, the Executive Office of Housing and Livable Communities is prepared to issue emergency regulations that align with the court ruling by the end of this week.
Belmont Director and Town Planner Chris Ryan said the ruling will likely have no impact on Belmont.
“I think the state is going to have to scramble to do their guidelines in the more appropriate way. I think the guidelines will stay the same, but the process they went through to establish them will have to be done a little bit differently,” Ryan said. “Since those guidelines aren’t going to change, I don’t think it’s going to affect our 3A program at all.”
The recent SJC ruling came after Campbell sued Milton for failing to comply with the zoning law. The law requires towns served by the mass transit system, such as Belmont, to create at least one 3A zoning district of reasonable size where multi-family housing is permitted and that meets other criteria.
Previous Coverage
- Town Meeting Supports MBTA Compliance Map
- The Intent and Impact of the MBTA Communities Act
- Town Meeting Votes Down MBTA Map Amendment Including Purecoat
In November 2024, Belmont Town Meeting approved a map outlining the required zoning changes. That map has been sent to the state for approval.
The vote was 213-8, with seven abstentions.
“A vote no is a vote to violate the law,” said Precinct 1 member Jack Weis at the time. “I hope everybody, regardless of where you started, votes yes on this article.”
According to CommonWealth Beacon, at the beginning of 2025, 146 of the 177 cities and towns covered by the MBTA law were either compliant or in interim compliance.
Milton was an early opponent of the law, but other towns have also expressed reservations about it. Voters in Needham were scheduled to vote on the MBTA law on Tuesday. The town’s rezoning map passed the Town Meeting, but a referendum opposing the law forced Tuesday’s town-wide vote.
CommonWealth Beacon reporter Jennifer Smith contributed to this report.
