Upzoned Podcast Summary: "Why Massachusetts Might Sue Its Cities Over Zoning Codes"

Released on January 29, 2025

In this episode of Upzoned, host Abby Newsham and guest Chuck Marone delve into a pivotal court ruling in Massachusetts that could reshape the landscape of zoning laws across the state. They explore the implications of the ruling, the relationship between transit investments and land use planning, and the broader conversation around zoning reform and affordable housing.

1. Overview of the Court Ruling and MBTA Communities Law

The episode centers on a significant legal development reported by Christian Milne on Streets Blog, titled "Court Ruling Paves the Way for State to Sue Towns with Exclusionary Zoning Laws." The ruling from the Commonwealth Zone Supreme Judicial Court affirms that the state of Massachusetts possesses the authority to sue cities and towns enforcing exclusionary zoning laws near transit stations.

Abby Newsham explains that this stems from the MBTA Communities Law enacted in 2021, which mandates municipalities to permit multifamily development in proximity to MBTA transit stations. While many cities have amended their zoning codes in compliance, a select few have resisted, prompting the state to introduce this legal "stick" to enforce adherence.

"This court case ... is establishing some level of precedent and absolutely connecting transit and transportation with development and housing."
— Abby Newsham (05:32)

2. Critique of the Article and State Enforcement Mechanisms

Chuck Marone expresses reservations about the manner in which Streets Blog presented the ruling, criticizing the use of hyperbolic language that may obscure the nuanced nature of the legal decision.

"I just hate when like people who write about this stuff ... make something so kind of coded in a certain way and inaccessible to people."
— Chuck Marone (05:32)

He emphasizes that the ruling is a complex issue involving transportation funding, land use planning, and housing affordability rather than a simple battle against "segregationist zoning laws."

Chuck further discusses the broader trend of states intervening in local zoning matters, highlighting the friction between state mandates and local autonomy.

3. Transit-Oriented Development and Funding Models

The conversation shifts to the challenges of Transit-Oriented Development (TOD), where Abby and Chuck examine how transit projects often precede comprehensive land use planning. Abby references her experience in Kansas City, noting the streetcar's success through an assessment model that ties land use directly to transit sustainability.

"The vitality of development and taxes along that corridor are directly connected to the sustainability of that transit investment."
— Abby Newsham (18:37)

Chuck Marone critiques the current U.S. approach, where transit investments are made with substantial funding but lack the necessary land use strategies to ensure their effectiveness and sustainability. He contrasts this with Japan's model, where land acquisition and development precede transit construction, ensuring cohesive growth.

"We're giving them ... all this stuff with very little local responsibility to make this work."
— Chuck Marone (09:30)

4. Zoning Reform and Affordable Housing

Abby raises concerns about the prevailing narrative that simply changing zoning laws will automatically result in more affordable housing. She argues that while rezoning is essential, it is not a standalone solution.

"Making something legal doesn't ultimately make something affordable."
— Abby Newsham (25:10)

Chuck expands on this by discussing alternative development strategies that focus on increasing density organically, such as evolving single-family homes into duplexes or adding backyard cottages. He points out that current development models, reliant on large-scale multifamily projects, often fail to address affordability due to their dependence on rising property values and significant capital investments.

"There's a feedback loop ... that ensures that prices are going to go up, that things will never be truly affordable."
— Chuck Marone (26:45)

5. Implications of the Ruling and State vs. Local Authority

The episode delves into the practical implications of the court ruling, exploring how the state of Massachusetts might enforce zoning reforms. Chuck criticizes the state's approach of leveraging legal action and withholding benefits ("goodies") to compel cities to comply with the MBTA Communities Law.

"Suing your cities is not very nice."
— Chuck Marone (34:14)

He argues that such confrontational methods foster resentment and dysfunction rather than collaborative progress. Abby echoes these sentiments, suggesting that a more integrated approach to transit investment and land use planning could mitigate the need for legal battles.

"If you were to approach the capital investment in transit itself as ... a full package, that includes zoning reform and land use planning."
— Abby Newsham (38:36)

6. Concluding Thoughts: The Need for Integrated Planning

Abby and Chuck conclude that effective transit development necessitates cohesive planning that simultaneously addresses transportation infrastructure and land use policies. They highlight the importance of long-term sustainability and the interconnectedness of economic development, housing affordability, and transit viability.

"There's a lot of heavy lifting to engage a community on the topic of housing and housing development and changing zoning to support housing."
— Abby Newsham (40:37)

Chuck emphasizes that without aligning transit investments with strategic land use planning, states may continue to face challenges in fostering functional and affordable communities.

Notable Quotes

• Abby Newsham: "This court case ... is establishing some level of precedent and absolutely connecting transit and transportation with development and housing." (05:32)

• Chuck Marone: "We're giving them ... all this stuff with very little local responsibility to make this work." (09:30)

• Abby Newsham: "Making something legal doesn't ultimately make something affordable." (25:10)

• Chuck Marone: "Suing your cities is not very nice." (34:14)

• Abby Newsham: "There's a lot of heavy lifting to engage a community on the topic of housing and housing development and changing zoning to support housing." (40:37)

Conclusion

This episode of Upzoned provides a comprehensive analysis of Massachusetts' potential legal actions against cities with exclusionary zoning laws. Through thoughtful discussion, Abby Newsham and Chuck Marone shed light on the complexities of transit-oriented development, the pitfalls of current zoning reform narratives, and the imperative for integrated planning approaches to achieve sustainable and affordable urban environments.