Determinations of Compliance

(1) M.G.L. c. 40A, § 3A provides that any MBTA community that fails to comply with M.G.L. c. 40A, § 3A's requirements will be ineligible for funding from any of the Listed funding sources. EOHLC will make determinations of compliance with M.G.L. c. 40A, § 3A in accordance with 760 CMR 72.00 to inform state agencydecisions on which MBTA communities are eligible to receive funding from the Listed funding sources. The following discretionary grant programs will take compliance with M.G.L. c. 40A, § 3A into consideration when making grant award recommendations: (a) Community Planning Grants, EOHLC; (b) Massachusetts Downtown Initiative, EOED; (c) Urban Agenda, EOED; (d) Rural and Small Town Development Fund, EOED; (e) Brownfields Redevelopment Fund, MassDevelopment; (f) Site Readiness Program, MassDevelopment; (g) Underutilized Properties Program, MassDevelopment; (h) Collaborative Workspace Program, MassDevelopment; (i) Real Estate Services Technical Assistance, MassDevelopment; (j) Commonwealth Places Programs, MassDevelopment; (k) Land Use Planning Grants, EOEEA; (l) Local Acquisitions for Natural Diversity (LAND) Grants, EOEEA; and (m) Municipal Vulnerability Preparedness (MVP) Planning and Project Grants, EOEEA. (2) Determinations of compliance also may inform other funding decisions by EOED, EOHLC, the MBTA and other state agencies which consider local housing policies when evaluating applications for discretionary grant programs or making other discretionary funding decisions. (3) EOHLC will recognize both interim compliance, which means an MBTA community is taking active steps to enact a Multi-family zoning district that complies with M.L. c. 40A, § 3A, and District compliance is achieved when EOHLC determines that an MBTA community has a Multi-family zoning district that complies with M.L. c. 40A, § 3A and the requirements set forth below. Table 3 includes deadlines, shown with an asterisk, established under prior guidelines that many municipalities have met, and prospective deadlines for certain categories of municipalities as shown without an asterisk. Table 3. Transit Category Deadline to Submit Action Plan Deadline to Submit District Compliance Application Rapid transit community January 31, 2023* December 31, 2023* Commuter rail community January 31, 2023* December 31, 2024 Adjacent community January 31, 2023* December 31, 2024* Adjacent small town January 31, 2023* December 31, 2025 Rapid transit community that has not submitted a district compliance application to EOHLC as of December 31, 2023 February 13, 2025 July 14, 2025 Commuter rail community that has not submitted a district compliance application to EOHLC as of December 31, 2024 February 13, 2025 July 14, 2025 Adjacent community that has not submitted a district compliance application to EOHLC as of December 31, 2024 February 13, 2025 July 14, 2025 (4) Process to Achieve Interim Compliance. Prior to achieving district compliance (but no later than the deadlines set forth in Table 3), these MBTA communities can achieve interim compliance by taking the following affirmative steps towards the creation of a compliant Multi-family zoning district. (a) Creation and Submission of an Action Plan. An MBTA community seeking to achieve interim compliance must first submit an action plan on a form to be provided by EOHLC. An MBTA community action plan must provide information about current zoning, past planning for Multi-family housing, if any, and potential locations for a Multi-family zoning district. The action plan also will require the MBTA community to establish a timeline for various actions needed to create a compliant Multi-family zoning district. (b) EOHLC Approval of an Action Plan. EOHLC will review each submitted action plan for consistency with 760 CMR 72.00, including but not limited to the timelines in Table 3. If EOHLC determines that the MBTA community's action plan is reasonable and will lead to district compliance in a timely manner, EOHLC will issue a determination of interim compliance. EOHLC may require modifications to a proposed action plan prior to approval. (c) Implementation of the Action Plan. After EOHLC approves an action plan and issues a determination of interim compliance, an MBTA community must diligently implement the action plan. EOHLC may revoke a determination of interim compliance if an MBTA community has not made sufficient progress in implementing an approved action plan. EOHLC and EOED will review an MBTA community's progress in implementing its action plan prior to making an award of funds under the Housing Choice Initiative and Massworks infrastructure program. (d) Deadlines for Submitting Action Plans. An MBTA community that does not submit an action plan by the applicable deadline set forth in Table 3 may not receive a EOHLC determination of interim compliance in time to receive an award of funds from the listed funding sources. An MBTA community that does not achieve interim compliance in time for the Community One Stop for Growth Application deadline may submit an action plan to become eligible for a subsequent round of the One Stop Application, provided that an action plan must be submitted by no later than the applicable deadline of the year in which the MBTA community seeks to establish grant eligibility; and provided further that no action plan may be submitted or approved after the applicable district compliance application deadline set forth in Table 3. (5) Assistance for Communities Implementing an Action Plan. MBTA communities are encouraged to communicate as needed with EOHLC staff throughout the process of implementing an action plan, and may inquire about whether a proposed Multi-family zoning district complies with M.G.L. c. 40A, § 3A prior to a vote by the municipal legislative body to create or modify such a district. Such requests shall be made on a form to be provided by EOHLC. If a request is submitted at least 90 days prior to the vote of the legislative body, EOHLC shall respond prior to the vote. (6) Requests for Determination of District Compliance. An MBTA community must request a determination of district compliance from EOHLC by submitting an application form required by EOHLC and shall include, at a minimum, the following information: (a) A certified copy of the municipal zoning ordinance or by-law and zoning map, including all provisions that relate to uses and structures in the multi-family zoning district. (b) An estimate of multi-family unit capacity using the compliance model. (c) GIS shapefile for the multi-family zoning district. (d) In the case of a by-law enacted by a town, evidence that the clerk has submitted a copy of the adopted multi-family zoning district to the office of the Attorney General for approval as required by state law, or evidence of the Attorney General's approval. (7) After receipt of a request for determination of district compliance, EOHLC will notify the requesting MBTA community within 30 days if additional information is required to process the request. Upon reviewing a complete application, EOHLC will provide the MBTA community a written determination stating one of the following: (a) that the existing Multi-family zoning district complies with M.G.L. c. 40A, § 3A and 760 CMR 72.00; (b) that the Multi-family zoning district has been determined to be conditionally compliant with M.G.L. c. 40A, § 3A and 760 CMR 72.00, provided that the MBTA community meets the conditions expressed by EOHLC in its determination; or (c) that the Multi-family zoning district fails to comply with M.G.L. c. 40A, § 3A and 760 CMR 72.00 and the steps that must be taken to achieve compliance. (8) An MBTA community that has achieved interim compliance prior to requesting a determination of district compliance shall remain in interim compliance for the period during which a request for determination of district compliance, with all required information, is pending at EOHLC.