SJC Rejects Challenge to MBTA Communities Zoning Law
Massachusetts Supreme Judicial Court Confirms That MBTA Communities Compliance Is Mandatory
The Massachusetts Supreme Judicial Court has rejected a challenge by the Town of Marshfield to the Commonwealth’s MBTA Communities Law, ruling that the law does not constitute an “unfunded mandate” imposed on municipalities.
The decision is significant for Massachusetts cities and towns subject to G.L. c. 40A, § 3A, which requires MBTA Communities to adopt zoning that allows for multifamily housing as of right in at least one district of reasonable size. The Commonwealth currently identifies 177 communities as subject to the law.
The Marshfield Challenge
Marshfield attempted twice to adopt zoning amendments intended to bring the town into compliance with the MBTA Communities Law. Both proposals were rejected by town meeting voters. The Marshfield Select Board subsequently voted not to submit an interim action plan or take additional steps toward compliance.
Marshfield and the Select Board then challenged the law in court, arguing that compliance imposed costs on the town without sufficient state funding and therefore violated Massachusetts' Local Mandate Law, G.L. c. 29, § 27C.
The Superior Court dismissed the lawsuit, and the Supreme Judicial Court has now affirmed that decision.
What the SJC Decided
The SJC concluded that Marshfield had not adequately alleged that the MBTA Communities Law imposed an unfunded mandate within the meaning of the Local Mandate Law.
The Court noted that the town alleged expenses associated with evaluating and preparing proposed zoning amendments and presenting those proposals to town meeting. However, the Court determined that Marshfield had not alleged sufficient facts showing that those costs were involuntarily incurred and exceeded incidental local administrative expenses.
The Court also rejected Marshfield's other challenges, concluding that the town and Select Board lacked standing to bring a constitutional voting-rights claim on behalf of town meeting voters. The Court further concluded that the MBTA Communities Law is a valid general law and does not conflict with Massachusetts' Zoning Act.
What This Means for Massachusetts Communities
The decision reinforces that compliance with the MBTA Communities Law is mandatory. Communities that fail to comply can lose eligibility for certain state funding programs, including MassWorks, HousingWorks, Housing Choice grants and the Local Capital Projects Fund. Noncompliance can also lead to enforcement proceedings by the Attorney General.
The decision is particularly noteworthy because the Massachusetts Division of Local Mandates had previously determined that the MBTA Communities Law constituted an unfunded mandate. The Division's determination acknowledged that litigation could ultimately affect that conclusion. The SJC's decision in Marshfield v. Commonwealth now provides important judicial guidance on that issue.
The SJC's decision follows its January 2025 decision in Attorney General v. Town of Milton, in which the Court upheld the constitutionality of the MBTA Communities Law while addressing issues concerning the regulations implementing the statute.
How PK Boston Law Can Help
MBTA Communities zoning requirements can have significant implications for municipalities, developers, property owners and others involved in Massachusetts real estate.
PK Boston Law can assist clients in understanding how MBTA Communities zoning requirements may affect a property, proposed development, zoning strategy or real estate transaction. Our attorneys can help clients navigate Massachusetts zoning and land-use requirements and evaluate the legal issues that may arise when multifamily development is proposed.
If you have questions about how the MBTA Communities Law may affect your property or development plans, contact PK Boston Law to discuss your situation.
