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Upzoned

Why Massachusetts Might Sue Its Cities Over Zoning Codes

Jan 29, 2025
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 The hosts explore outdated exclusionary laws and the necessity for collaborative planning.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.
52:04

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Quick takeaways

  • 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.

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