Milton voters reject multifamily rezoning plan

Milton residents struck down a plan to allow for more multifamily housing, opening the town to legal challenges with the state. The plan would have brought Milton into compliance with a law that requires cities and towns along MBTA corridors to allow for higher density housing.

Fifty-four percent of Milton voters overturned the measure, which had been approved in December, according to unofficial election results posted by the town clerk. Overall, 9,466 voters turned out to the Wednesday special election, which was initially scheduled for Feb. 13 but was pushed back due to a nor’easter earlier in the week.

The voter comes as soaring real estate prices and a shortage of available homes are making buying houses less accessible in Massachusetts. The MBTA Communities Act was signed into law in 2021 by then-Gov. Charlie Baker to allow for more multifamily development in communities served by the T. It's being implemented in three phases — the 12 communities with access to rapid transit lines were required to be in compliance by the end of 2023.

Following the vote in Milton, state Housing and Livable Communities Secretary Ed Augustus said in a statement that the administration is "deeply disappointed" with the rejection of the zoning rules.

"This is not only a loss for Milton but for our entire state, as we desperately need more housing near transit to lower cost," Augustus said.

State officials have previously said there will be consequences for communities that do not comply with the MBTA Communities Act and open up multifamily housing zoning. Milton was the only town in the first phase of the law's implementation that did not adjust its zoning laws.

The state has previously said municipalities will lose state housing and infrastructure grant funding if they do not comply are noncompliant with the law.

And, Massachusetts Attorney General Andrea Campbell warned Milton town leaders in a January letter that her office would "not hesitate to compel compliance” through legal action. In a post on X, formerly known as Twitter, following the vote Wednesday, Campbell wrote “we will meet our responsibility to enforce the law.”

Liz Dillon, a Milton town meeting member who co-chaired of the Yes! For Milton campaign that favored the proposal, told WBUR's Morning Edition that she is worried about her town getting sued and losing grant funding.

"We're absolutely prepared to work with our elected officials, the planning board, the select board, and also the No for Milton campaign to come up with any kind of a plan that would bring us into compliance as rapidly as possible so that we don't lose out on critical state funding," said Dillon.

The law has a been a point of contention in multiple communities around Greater Boston serviced by the MBTA. Newton passed new multifamily zoning rules in late 2023 to come into compliance, but a city councilor who pushed for the measures was voted out of office in November elections.

Up next: Municipalities with commuter rail stops and adjacent communities will need to adjust their zoning laws by the end of 2024. Finally, small towns adjacent to those with commuter rail stops need to allow for more multifamily housing by the end of 2025.

For a conversation with Liz Dillon about the vote means Milton, click the red play button at the top of the page.