Why Massachusetts Might Sue Its Cities Over Zoning Codes
Jan 29, 2025
auto_awesome
Massachusetts is on the brink of taking its cities to court over zoning codes that restrict multifamily housing near transit stations. The ruling highlights the tension between state authority and local zoning practices. There’s a candid discussion about the mismatch between transportation funding and housing needs. The hosts explore outdated exclusionary laws and the necessity for collaborative planning. Plus, a whimsical dinner anecdote adds a touch of humor, showcasing cultural quirks in a serious discussion about governance.
The Massachusetts court ruling allows the state to sue non-compliant municipalities, emphasizing the tension between state and local zoning authority.
The podcast highlights the need for integrated transportation and land use planning, moving beyond simple zoning changes to address affordable housing challenges.
Deep dives
Massachusetts Court Ruling on Zoning Laws
A recent ruling from the Commonwealth Supreme Judicial Court of Massachusetts has affirmed that the state can sue municipalities with exclusionary zoning laws, particularly near transit stations. This ruling aligns with the MBTA Communities Law enacted in 2021, which mandates cities to allow multifamily developments near MBTA transit stops. While some municipalities have adjusted their zoning laws to comply, others have resisted reform, prompting state action. This represents a significant decision as it establishes a legal precedent linking zoning regulations directly to housing availability and public transportation initiatives.
Transportation Funding and Land Use
The podcast discusses the disconnect between transportation investments and land use decisions, illustrating how transit projects often proceed without adequate planning for surrounding development. Often, transit systems are built first, leading to patterns where local governments benefit from federal funding without corresponding local responsibility for zoning. This flip-off effect can create underdeveloped transit stops, lacking the necessary infrastructure to support efficient public transportation use. For sustainable transit systems, an integrated approach is needed, ensuring that land use patterns evolve alongside transportation investments.
The Nuances of Zoning Reform
Zoning changes are often viewed as direct solutions to create affordable housing, yet the podcast points out the inadequacy of this view. Simply making certain housing types legal does not guarantee affordability due to broader economic dynamics influencing development. The medication of land use regulations needs to be accompanied by comprehensive market strategies to address housing costs effectively. This discussion highlights the complexity of navigating housing policy, with urban planners needing to rethink traditional zoning reform arguments.
The Relationship Between State and Local Authorities
The interaction between state authorities and local governments in zoning enforcement is explored, particularly relating to the recent court decision. There is concern over utilizing court rulings as a means to compel local compliance instead of legislative mandates that dictate necessary changes. A more effective approach would involve leveraging state power to streamline local zoning regulations instead of engaging in protracted legal battles. This reflects a broader challenge in ensuring that local governments remain flexible and responsive to state-level housing and transportation goals.
In 2021, Massachusetts signed a law requiring communities that are served by the Massachusetts Bay Transit Authority (MBTA) to legalize multifamily housing development near MBTA transit stations. Recently, a state court ruled that the state has the authority to sue cities and towns that don’t comply.
In this episode of Upzoned, Abby and Chuck discuss whether that’s a good idea, the broader trend of states intervening in city zoning practices, and how the root issue is actually poor transportation investment practices.