Boston's waterfront development is governed by Massachusetts General Law Chapter 91 (the Public Waterfront Act), the city's Wetlands Ordinance, and the Resilient Boston Harbor initiative, with oversight from the state DEP and Boston Conservation Commission.
Massachusetts General Law Chapter 91, the waterways licensing program established in 1866, is the primary regulatory tool for waterfront development along Boston Harbor, the Charles River, and other tidelands. All development on filled tidelands, flowed tidelands, and great ponds requires a Chapter 91 license from the state Department of Environmental Protection (DEP). Waterfront projects must include public benefits that increase water accessibility, public promenades, and open space. Water-dependent uses like piers, wharves, and marinas receive preferential treatment. Boston adopted a local Wetlands Ordinance in 2019 that directs the Conservation Commission to allow fill for flood protection projects that create new shoreline habitat. The Resilient Boston Harbor initiative plans coastal flood protection along the city's 47 miles of shoreline. Projects may also require permits from the U.S. Army Corps of Engineers, local conservation commission orders, and Massachusetts Environmental Policy Act review.
Unauthorized development on tidelands without a Chapter 91 license may result in enforcement orders from DEP, mandatory restoration, and civil penalties. Wetlands Ordinance violations trigger Conservation Commission enforcement.
Boston, MA
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See how Boston's shoreline management rules stack up against other locations.
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