Zoning is a key tool used at the local level to shape a municipality through requirements and incentives for how land is used. It provides the legal framework for what can and cannot be developed on a parcel of land, including the types of uses that are allowed, size and siting of structures, amount of required parking, open space considerations, and more. It also specifies development processes, including who needs to sign off on different kinds of development. Well-crafted zoning should tell property owners and community members what kind of development a community wants to see and where.

The requirement for multifamily zoning for MBTA Communities was part of a bill adopted by the Massachusetts Legislature and signed by the Governor on January 14, 2021. It is often referred to as “Section 3A” because it is codified as Section 3A of Chapter 40A, the chapter of Massachusetts General Laws that governs zoning for all cities and towns in Massachusetts except Boston. Section 3A requires that all municipalities in the MBTA service district have at least one area where multifamily housing is allowed as of right. Compliance is determined by the Section 3A Guidelines, promulgated by the Executive Office of Housing and Livable Communities (EOHLC) on August 10, 2022 and most recently revised on August 17, 2023.

A Section 3A district must allow multifamily housing as of right at a minimum gross density of 15 units per acre. The district must be located within the area created by a half mile radius from a commuter rail, subway, or ferry station if applicable. The district must allow for housing suitable for families with children and the zoning cannot include age restrictions. The land in the district must be feasible for development—for example, a district that is entirely conservation land would not comply because it is restricted from being developed.

“By right” or “as of right” means development that may proceed under a zoning ordinance or by-law without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval. Complex approvals processes can delay new housing for months or years, jeopardizing whether it is developed at all and increasing the cost of the new housing that eventually is built. Lengthy and uncertain permitting processes where opposition typically dominates the public hearing process discourage applications to build multi-family housing.

No, Section 3A does not require the construction of any units. Rather it mandates that zoning that allows property owners/developers the option to construct multifamily housing without discretionary permits issued by a municipal Planning Board, Zoning Board of Appeals, or other granting authority. Additionally, the zoning district can be located in areas that are already developed; it does not need to be located on vacant lots.

Many different things! Multifamily housing at this density can come in many shapes and sizes. It does not necessarily mean large buildings on large lots that are out of scale with a municipality’s historic development patterns. Multifamily housing can include many types of housing, such as townhouses or garden apartments, that are already a familiar part of historic town centers throughout New England.  

For some illustrations and photos of what 15 units/gross acre looks like, try the Exploring Housing at Different Densities tool from the Southeastern Regional Planning & Economic Development District or watch the associated webinar from the Massachusetts Housing Partnership (MHP). To explore the density of different Massachusetts communities, check out MHP’s Residensity tool or their Transit-Oriented Development Explorer.  

The region is desperately short of housing to meet demand. This has driven housing costs in Greater Boston to be among the highest in the country, and resulted in many residents paying more than they can afford for housing. To support a growing workforce and changing population, MAPC estimates that Eastern Massachusetts may need 100,000–130,000 multifamily housing units over the next 10 years.  

Section 3A will result in the creation of more diverse types of housing. Across Eastern Massachusetts, residents who do not want or need or cannot afford a large single-family house on a large lot—such as seniors interested in downsizing or young adults looking for more affordable starter homes—often cannot find housing that is affordable to them. The housing allowed in Section 3A districts will provide a greater range of housing options at a greater range of price points in high-opportunity locations close to transit, amenities, and jobs, resulting in a greater range of people that can access housing that meets their needs in the community of their choosing. Additionally, greater housing diversity is a step towards undoing a century of discriminatory zoning policy. 

Zoning for multifamily housing in places where single-family housing predominates can help correct the continuing impacts of discriminatory zoning policies enacted throughout the 20th century. Zoning has been used intentionally to exclude people of color and continues to be used today to preserve exclusive communities that are not open to lower-income households, renters, families with children, and other groups. When the only housing allowed to be built in a particular community is single-family houses on large lots, families who cannot afford these homes are effectively prevented from moving to that community. While no single policy or program has the power to undo decades of racially-motivated zoning, Section 3A, particularly with affordability requirements, represents an opportunity for communities to affirmatively redress the racist and exclusionary impacts of past and current policies and create meaningful opportunities for racial and economic integration. 

Check out this short video from the Massachusetts Housing Partnership to learn more.

Transportation is the biggest contributor to greenhouse gas emissions in Massachusetts, and residential buildings are close behind. Transportation emissions—mostly passenger vehicles and light trucks—amount to ~30% of the state’s greenhouse gas emissions. By emphasizing growth in areas with high levels of transit access or in smart growth locations close to pedestrian amenities and activity centers, Section 3A will encourage housing development where people can rely less on private vehicles and have more options of using more sustainable ways to get around. New construction must meet higher energy saving requirements and therefore are more energy efficient than old buildings.   Furthermore, multi-family buildings require less energy to heat and cool each housing unit than single family buildings do, and they further contribute to key climate goals by minimizing impervious surfaces and water usage per capita.  Building compact multi-family units in smart growth locations means communities can meet multiple objectives of providing housing and preserving open spaces such as forests and agricultural lands.

Not complying with Section 3A is against the law. On March 15, 2023, the Attorney General issued an Advisory regarding the enforcement of Section 3A. It clarifies that municipalities subject to Section 3A cannot opt to avoid 3A compliance by foregoing their eligibility for state funding sources. It also cautioned that noncompliant municipalities risk liability under federal and state fair housing laws.  

Municipalities that do not comply with Section 3A will not be eligible for funding from the Housing Choice Initiative; the Local Capital Projects Fund, the MassWorks infrastructure program, and the newly announced HousingWorks infrastructure program. These infrastructure programs and other discretionary grant programs are important for municipalities to maintain access to and are programs their residents support through their state taxes.  

The Commonwealth will take Section 3A compliance into consideration when making grant awards recommendations for the following programs: EOHLC’s Community Planning Grants; the Executive Office of Economic Development’s Massachusetts Downtown Initiative, Urban Agenda, and Rural and Small-Town Development Fund; MassDevelopment’s Brownfields Redevelopment Fund, Site Readiness Program, Underutilized Properties Program, Collaborative Workspace Program, Real Estate Services Technical Assistance, and Commonwealth Places Program; and the Executive Office of Energy and Environmental Affairs’ Land Use Planning Grants, Local Acquisitions for Natural Diversity Grants, and Municipal Vulnerability Preparedness Planning and Project Grants.  

Finally, communities that don’t adopt a 3A district are missing the opportunity to encourage diverse housing options for their residents and encourage sustainable development. The region is desperately short of housing to meet demand; over time, Section 3A will help the region build the housing it needs to ensure social justice, promote a healthy economy, grow in a sustainable way, and provide options that meet the diverse needs of residents. Check out this short video from the Massachusetts Housing Partnership to learn more.