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Boston, MA Homelessness & Encampment Rules: Encampment Sanitation (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
§ 16-66, Ord. 2023 c. 9
Where banned
streets, sidewalks, parks, schools, all public property
Exception
when no emergency shelter space is available
Required before removal
offer of shelter + property storage
Removal notice
48 hours after shelter becomes available
Enforcing agency
Boston Police Department

Summary

Boston bans camping or maintaining a campsite on any public property or right-of-way, streets, sidewalks, schools, parks, under Code of Ordinances § 16-66.3, unless authorized or during a period when shelter is unavailable. The city must first offer shelter and store belongings before removing a campsite.

It is unlawful for any person to camp or maintain a campsite or camp materials in or on any public property or in the public right-of-way, including, but not limited to, any street, sidewalk, school or public park, unless specifically authorized or during a period when shelter is unavailable.

Source: Boston Public Health CommissionView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).

Full Breakdown

Section 16-66, adopted by Ordinance 2023 c. 9, defines a CAMPSITE as any place where a tent, tarp or other temporary structure is set up for outdoor shelter, and CAMP MATERIALS as tents, tarps, large furniture, stoves and cooking equipment. 1 as any stretch when the city has no emergency shelter space meeting ADA accommodation standards. City officials keep a daily shelter list shared with the Boston Police Department. 6 requires storage of eligible personal property, identification, valuables, clothing, hygiene items and basic necessities, under the City Storage Program Policy, at no fee for filing a claim.

7. Property posing an immediate health or safety risk may be disposed of immediately. Boston must also post weather-resistant signs and distribute leaflets describing the law and storage policy in every language meeting the city's language-access need.

Violations & Fines

Individuals who refuse to remove a campsite after being offered shelter and storage, or who re-establish one after removal, face enforcement under § 16-66.9 by the Boston Police Department or any sworn agency with jurisdiction in the city, including warnings and the noncriminal disposition process of M.G.L. c. 40, § 21, or arrest authority under M.G.L. c. 272, § 59 for violations occurring in an officer's presence. Once shelter is deemed available again, an individual has 48 hours to remove camp materials before enforcement resumes.

Frequently Asked Questions

Can Boston Police remove a homeless encampment without warning?
No. Under § 16-66.5 and § 16-66.6, the city must first offer the individual available emergency shelter space with transportation and an offer to store their eligible property under the City Storage Program Policy. Only after the person accepts or declines both offers can the city remove the campsite and any camp materials left behind, per § 16-66.7.
Is camping ever legal on Boston public property?
Yes, during any 'period when shelter is unavailable' as defined in § 16-66.1, when city-tracked emergency shelter space runs out, or when a campsite is specifically authorized. The Mayor's Office of Housing may then set added time, place and manner restrictions in consultation with the Boston Public Health Commission and Police Department, per § 16-66.4(D).
What happens to my belongings if my campsite is removed?
The Inspectional Services Department stores temporarily unattended eligible property under the City Storage Program Policy at no charge, and provides written recovery instructions in languages meeting the city's language-access need under § 16-66.6. Property assessed as an immediate health or safety risk can be disposed of immediately.
What's the penalty for refusing to leave after an offer of shelter?
Section 16-66.9 lets the Boston Police Department or another sworn agency enforce the ban with a warning, the noncriminal disposition process under M.G.L. c. 40, § 21, or an arrest under M.G.L. c. 272, § 59 if the violation happens in an officer's presence.

Sources & Official References

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