MBTA Communities Act Ruled Legal, Yet Unenforceable by SJC
In a groundbreaking decision, the Supreme Judicial Court (SJC) ruled that the controversial MBTA Communities Act is constitutionally sound and can be legally enforced by the state of Massachusetts. However, this victory comes with a catch, as the court deemed the current guidelines governing the act as “unenforceable.” This ruling has wide-reaching implications for zoning regulations in commuting communities and has sparked a heated legal battle between the state and local municipalities.
Legal Battle Unfolds Over Zoning Compliance
The SJC’s decision stems from a case brought forth by the Town of Milton, a community near the Mattapan Trolley, which challenged the enforcement of the MBTA Communities Act. The Attorney General, Andrea Campbell, has been granted the authority to bring suit to enforce the act, highlighting the importance of this ruling. However, the Executive Office of Housing and Liveable Communities (EOHLC) failed to adhere to the Administrative Procedure Act, rendering the current guidelines ineffective and unenforceable.
Implications for Small Businesses and Local Governments
Kevin Martin, who represented Milton in front of the court, emphasized the broader implications of this decision. He argued that state agencies must consider the impact of their regulations on small businesses and local government finances. By withholding funding from Milton due to non-compliance with zoning changes, the state faced backlash for enforcing guidelines that were deemed ineffective by the SJC.
Path Forward: Emergency Regulations and Collaborative Efforts
In response to the SJC’s ruling, the EOHLC has pledged to file emergency regulations by Friday to align with the court’s decision. These regulations will have immediate effects on zoning requirements in commuting communities. Attorney General Campbell and Governor Maura Healey have hailed this decision as a major victory, signaling a new era of responsible development and mandatory compliance with the MBTA Communities Act.
As this legal saga unfolds, it raises critical questions about the balance between state authority and local autonomy in zoning regulations. The collaborative efforts between state agencies and local municipalities will be crucial in navigating the complexities of housing development and addressing the statewide housing crisis.
In conclusion, the SJC’s ruling on the MBTA Communities Act marks a pivotal moment in the ongoing debate over zoning regulations and housing development in Massachusetts. It underscores the need for clear guidelines, effective enforcement mechanisms, and collaborative solutions to address the diverse housing needs of communities across the state.