MBTA Policy Update: MBTA Communities Law Challenges and Opportunities
February 5, 2026
Section 3A of the Zoning Act (M.G.L c. 40A), or more commonly known as the MBTA Communities Act, was signed into law on January 14, 2021. It requires that the 177 identified towns and cities served by the MBTA must permit the construction of multi-family housing within a half-mile of transit stations at a minimum density of 15 units per acre. As of February 2026, roughly 93% of designated communities are compliant with the law.
In late January 2026, a few key updates related to the MBTA Communities Law hit the press, including a briefing from the Massachusetts Attorney General’s Office announcing it will sue nine communities still non-compliant with the Law, a report release by The Boston Foundation’s Boston Indicators analyzing the transit-oriented development pipeline, and a Boston Globe Editorial contemplating progress to date. Here are the key things to know:
How many communities are non-compliant?
As of February 2026, 165 out of 177 total Massachusetts communities within the MBTA service area are compliant with the MBTA Communities Law. Of the twelve non-compliant communities, Freetown is set to vote on a plan in early February, while Carver and Rehoboth have until December 31, 2026, to approve compliant zoning plans. Meanwhile, on January 30, 2026, the Attorney General’s Office held a public webinar to discuss a commitment to pursue legal action against the other nine non-compliant communities: Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop. After losing a legal challenge, Milton approved a new zoning plan at a Special Town Meeting on June 17, 2025, and is now in compliance.
What action has the Attorney General taken to ensure compliance?
On January 29, 2026, the Attorney General’s Office announced plans to pursue a Declaratory Judgement and Court Order, mandating that all nine non-compliant communities take action to fully comply with the MBTA Communities Law. After the Suffolk County Supreme Judicial Court upheld that municipalities subject to the MBTA Communities Law must comply with its stipulations following a suit brought by the Town of Milton (which later fell into line and moved to adopt new plans), the Attorney General’s Office is confident that the Court will continue to support the MBTA Communities Law, and that the added pressure will encourage the non-compliant communities to take action toward developing and adopting compliant zoning plans. As of now, the Attorney General’s Office awaits an official court date. In addition to granting the Attorney General’s requests, the Court may order further relief to force the towns to comply if it continues to uphold the MBTA Communities Law.
How is the law performing in terms of catalyzing new housing development?
On January 30, 2026, The Boston Foundation hosted a webinar to present the findings in its recent report assessing the development pipeline in areas zoned for the MBTA Communities Law. According to Senior Research Fellow and report author Amy Dain, development progress is “real but modest.” While 82 of the 177 MBTA Communities have no developable station area, and therefore no capacity for new transit-oriented housing units, there are 102 projects currently in the pipeline, accounting for roughly 7,000 units across 34 communities. Most of these project developments would not be in the pipeline without the encouragement and enforcement of the MBTA Communities Law. Most of these projects are in the permitting phase, therefore it is uncertain whether any given project will acquire financing, pass all code reviews, and enter the construction phase. Dain classified all MBTA municipalities into three major categories based on their level of response to the Law: Municipalities that follow the basic ask and contribute to incremental growth, municipalities that “go above-and-beyond” the requirements, and those that avoid growth through “paper compliance.” While most of the compliant communities are contributing to incremental growth, she found that Lexington, Westford, and Lowell have gone above and beyond based on the number of units in each town’s development pipeline. Further research needs to be done to determine which zoning schemes are truly “paper compliant.”
News & Resources
- Boston Indicators report release: An Early Look at the MBTA Communities Permitting Pipeline | Boston Indicators
- Boston Indicators webinar recap: An Early Look at the MBTA Communities Permitting Pipeline - TBF
- The recent Globe editorial on the MBTA Communities Law: Opinion | The verdict on the MBTA law is in: It worked
- Official press release from the Attorney General’s Office: AG Campbell Sues Nine Communities For Noncompliance With MBTA Communities Law | Mass.gov
- See where your community stands on compliance: MBTA Communities Act: What's next for your town (January 2026)
- Attorney General v. Town of Milton 2025 Press Statement: AG Campbell Issues Statement On Victory In Attorney General v. Town Of Milton | Mass.gov
Please reach out to Amir Wilson with questions or feedback.
