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Bill

H 2291

An Act allowing municipalities to appeal zoning provisions under the MBTA Communities Act

194th Legislature (2025-2026) Introduced by David DeCoste and 9 co-sponsors

H 2291 allows Massachusetts municipalities to appeal state-mandated MBTA Communities Act zoning requirements, potentially weakening housing supply goals in transit-accessible areas.

Accompanied a study order, see H5065
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Bill Summary · H 2291

Legislative bill overview

H 2291 would allow Massachusetts municipalities to appeal zoning provisions mandated under the MBTA Communities Act, a 2020 law requiring certain communities near transit to allow multi-family housing development. The bill creates a mechanism for towns to challenge or seek relief from these state-imposed zoning requirements through an appeals process.

Why is this important

The MBTA Communities Act was designed to increase housing supply and affordability by removing local zoning barriers in transit-accessible areas. Allowing municipalities to appeal these provisions could significantly weaken the law's effects, as towns opposing multi-family development could potentially delay or block compliance. This directly affects housing availability and affordability goals across the Boston metro region.

Potential points of contention

  • Housing supply vs. local control: The bill pits state housing policy objectives against municipal autonomy—communities argue they need flexibility; housing advocates warn this undermines regional affordable housing goals
  • Implementation uncertainty: The bill doesn't specify appeal criteria or standards, creating unclear legal grounds and potentially inconsistent outcomes across municipalities
  • Equity concerns: Wealthier suburbs may more effectively use appeals to exclude housing, while lower-income communities seeking development may lack resources, potentially exacerbating regional inequality

Compiled from official sources — confirm details with the bill’s official record.

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