Marblehead and Middleton Not in Compliance with 3A After Deadline

Marblehead and Middleton are considered out of compliance with the MBTA Communities Act, commonly referred to as 3A, as the final July 14, 2025 deadline has passed.

Initially, Marblehead residents voted to approve a proposal for 3A compliance with 951-759 vote at the May 6, 2025 Marblehead Town Meeting. However, there was a referendum to overturn the decision, with 52.5% of voters choosing to repeal the zoning changes implemented at the May Town Meeting.

Middleton voters rejected a 3A compliance proposal at their May 14, 2024 Annual Town Meeting and joined 8 other Massachusetts municipalities in filing a lawsuit arguing that 3A amounts to an “unfunded mandate” that would put undue strain on local infrastructure. As part of the lawsuit, the communities were seeking an exemption from 3A regulations.

On June 6, 2025, the Massachusetts Superior Court dismissed the lawsuit, finding:

• 3A does not constitute an unfunded mandate.
• The state’s Executive Office of Housing and Livable Communities (EOHLC) has the discretion to implement the law.

Because of non-compliance, Marblehead and Middleton risk losing grant funding from a broad range of state discretionary grant programs, including funding from the Housing Choice Initiative, the Local Capital Projects Fund, and the MassWorks infrastructure program.

For a review of the 3A guidelines, please click HERE.