How Multifamily Housing Gets Approved in Boston

Boston's multifamily approvals move through three separate tracks: a state transit zoning law, a city rezoning initiative for neighborhood centers, and a city project review process. Each track sets its own threshold for what a proposal must meet and which body decides it, drawn here from the current statute and the City of Boston's own published rules.

The MBTA Communities Act

Massachusetts General Laws Chapter 40A, Section 3A requires every MBTA community to zone at least one district of reasonable size in which multifamily housing is permitted as of right, for a proposal that meets every dimensional and use standard the district sets (M.G.L. c. 40A, s. 3A). The statute sets a floor for that district: a minimum gross density of 15 units per acre, no age restriction on occupants, and housing suitable for families with children. Where a transit station applies, the district must sit no more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station.

A community that does not comply loses eligibility for four state funding programs: the Housing Choice Initiative, the Local Capital Projects Fund, MassWorks and HousingWorks. The Executive Office of Housing and Livable Communities determines compliance. Boston adopts its own zoning changes through the Boston Zoning Commission and the Boston Planning and Development Agency, under a separate city enabling act, using the Squares and Streets and Article 80 processes described below.

Squares and Streets zoning

Squares and Streets is a Boston Planning and Development Agency (BPDA) planning and zoning initiative for Boston's neighborhood centers that sit near transit and along main streets. In April 2024 the Boston Zoning Commission adopted six new zoning district types, numbered S-0 through S-5, that a neighborhood plan can apply in combination: the S-0 district transitions a residential area into mixed use, and the S-5 district allows the widest mix of uses and the greatest density. The first four locations are historic commercial areas already served by transit.

• Six district types, S-0 through S-5, scaled from a residential transition district up to the widest mix of uses and density at S-5.
• The first four neighborhood plans cover Roslindale Square, Cleary Square, Codman Square and Fields Corner.
• Each location's specific combination of districts is set through its own neighborhood plan, developed with the BPDA and adopted by the Boston Zoning Commission.

Article 80 development review

Article 80 of the Boston Zoning Code sets the city's project review process, in addition to the zoning district standards described above. Large Project Review applies to a project adding 50,000 square feet or more of gross floor area, or a rehabilitation project totaling 100,000 square feet or more. It proceeds through a Letter of Intent, a Project Notification Form with a public comment period, a Project Impact Report where required, and an Adequacy Determination decided by a vote of the BPDA Board, which can approve a project, decline to approve it, or approve it with conditions. Small Project Review applies below that threshold, to a project adding 20,000 square feet or more of gross floor area, or 15 or more dwelling units, led by the Planning Department's Urban Design Division, with input from city agencies and the affected community, on urban design, site plan, signage and climate resilience.

• Large Project Review: 50,000 square feet or more of new gross floor area, or 100,000 square feet or more for rehabilitation; decided by a BPDA Board vote on the Adequacy Determination.
• Small Project Review: 20,000 square feet or more of gross floor area, or 15 or more dwelling units; led by the Planning Department's Urban Design Division.
• Planned Development Areas follow a separate Article 80 track for sites larger than one acre.

Questions

Does the MBTA Communities Act require multifamily housing to be allowed on every lot near transit in Boston?

No. The law requires at least one district of reasonable size that permits multifamily housing as of right, with a minimum gross density of 15 units per acre, for a proposal that meets every applicable dimensional and use standard (M.G.L. c. 40A, s. 3A). It does not extend that permission to every lot in the municipality.

What distinguishes Small Project Review from Large Project Review under Article 80?

Large Project Review applies to a project adding 50,000 square feet or more of gross floor area and ends in a vote by the BPDA Board. Small Project Review applies to a project adding 20,000 square feet or more of gross floor area, or 15 or more dwelling units, and is led by the Planning Department's Urban Design Division.

Where does Squares and Streets zoning apply today in Boston?

The Boston Zoning Commission adopted six new district types, S-0 through S-5, in April 2024. The first four neighborhood plans cover Roslindale Square, Cleary Square, Codman Square and Fields Corner.

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