News Summary
Milton, a suburb south of Boston, is making significant progress in complying with the MBTA Communities Act, a law requiring municipalities near public transit to promote multifamily housing. Following prolonged opposition, local officials submitted an action plan achieving interim compliance. Voters will consider two zoning proposals at a Special Town Meeting on June 16, with community sentiment shifting towards accommodating more housing options. The town’s fate may impact future housing strategies across Massachusetts as communities observe Milton’s compliance efforts closely.
Milton, a wealthy suburb south of Boston, has taken decisive steps to comply with the MBTA Communities Act, a crucial state housing law established in 2021 that mandates municipalities near public transit to zone for multifamily housing. After nearly two years of opposition and legal disputes, local officials submitted an action plan to the state, achieving interim compliance status.
In what could determine the town’s long-term compliance pathway, Milton voters will evaluate two 3A zoning proposals during a Special Town Meeting scheduled for June 16. The proposals will influence both local and state housing strategies, as many municipalities across Massachusetts have already complied with the act.
The MBTA Communities Act requires 177 municipalities with access to MBTA services, including Milton, to create zoning for multifamily housing. Most of these municipalities have complied with the law, which aims to increase housing availability in areas aligned with public transit access. However, Milton has consistently resisted changes necessary to meet the state’s requirements.
The recent challenges for Milton arose when its Planning Board and Town Meeting approved a rezoning plan in 2023, which was later overturned by voters in a February 2024 referendum, with 54 percent opposing the measure. The voter rejection prompted Massachusetts Attorney General Andrea Campbell to file a lawsuit against the town, pushing for enforcement of compliance with the MBTA Communities Act.
Support for the Attorney General’s position gained traction when the state’s Supreme Judicial Court ruled in January that the MBTA Communities Act is constitutional and mandatory. The court also reaffirmed the Attorney General’s authority to enforce compliance through legal channels. Following this ruling, Milton officials put forth a revised zoning plan that attempts to balance state requirements with local resident concerns regarding housing density.
On May 8, 2025, the Planning Board submitted two proposals for the impending Special Town Meeting: one proposal suggested a lower density of approximately 1,000 housing units (equivalent to 10 percent of the town’s total housing stock), while the other proposed a higher density of 2,461 units (representing 25 percent of the total). Five days subsequent to this submission, the Planning Board withdrew the higher-density plan from discussion at the Town Meeting.
However, responding to increasing community support for more assertive zoning measures, local residents pursued a petition that succeeded in reintroducing the higher-density proposal. This movement indicates a shift in community sentiment toward accommodating multifamily housing in Milton.
To align with state mandates, the Select Board granted authorization to Town Administrator Nicholas Milano to submit an official action plan to the state’s Executive Office of Housing and Livable Communities. On June 3, this plan was accepted, thereby granting Milton interim compliance status with the MBTA Communities Act.
Milton had been among a subset of thirty communities that failed to meet compliance deadlines, with twenty-four of them successfully submitting approved action plans. Importantly, the MBTA Communities Act stipulates that towns must designate zoning overlay districts for multifamily housing, necessitating a minimum density of 15 units per acre, while explicitly prohibiting age restrictions.
The classification of Milton as a rapid transit community—due to its access to the Mattapan Trolley—creates an obligation for the town to provide zoning for 25 percent of its housing stock designated for multifamily use. In its endeavor to comply, Milton received $80,000 in technical assistance from the state to aid in the development of its zoning proposal.
The Supreme Judicial Court’s ruling not only upheld the constitutionality of the MBTA Communities Act but also emphasized the Attorney General’s ability to enforce compliance for municipalities that resist. It categorized existing guidelines for the act as “unenforceable” due to procedural failures noted in their implementation.
As Milton proceeds with its compliance efforts, communities across Massachusetts are closely observing the unfolding legal and zoning situation. The implications of Milton’s actions might significantly impact future housing strategies and zoning efforts under the MBTA Communities Act throughout the state.
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Additional Resources
- Boston.com: Milton Becomes Interim Compliant with MBTA Communities Act
- Milton Times: Three MBTA Communities Act Plans Aired at Forum
- NBC Boston: Milton MBTA Communities Law Housing
- Wikipedia: MBTA Communities Act
- Patriot Ledger: MBTA Communities Act Zoning Milton MA Lawsuit
- Encyclopedia Britannica: Urban Planning
