Boston Institutes New Tougher Wetlands Ordinance

BOSTON—Boston Mayor Martin J. Walsh recently signed an ordinance geared at strengthening existing regulations to protect the city against the impacts of climate change.

The mayor signed the City of Boston Local Wetland Ordinance, which was unanimously approved by the Boston City Council earlier this month with the goal of taking another step to protect Boston against the impacts of climate change, and promote climate resiliency throughout the city.

The Local Wetlands Ordinance gives the city greater authority to protect its wetlands and directs the Boston Conservation Commission to consider future climate impacts like rising sea levels in applications for new developments, construction, or special events. The ordinance is stricter than statewide standards.

“This ordinance gives us greater power to protect our wetlands in the face of a changing climate,” said Mayor Walsh. “We’re using natural green space to protect our neighborhoods from storms, floods and heat waves. Climate change is the defining challenge of our time, and this ordinance shows what we can accomplish when we work together, securing a strong, resilient future for Boston.”

Previously, the Conservation Commission followed only the Massachusetts Wetlands Protection Act, which requires that any work proposed in a wetland resource area or within 100 feet of those areas be reviewed and issued a permit by the Conservation Commission. The city ordinance will now protect isolated vegetated wetlands, vernal pools and vernal pool habitat. The ordinance also establishes a Waterfront Area, which will serve as a buffer zone and allow for the implementation of the Mayor’s Resilient Boston Harbor Plan, as well as allow for the creation of Flood Resilience Zones expected to be aligned with the Boston Planning & Development Agency’s flood overlay district.

The major changes under the ordinance include giving the Conservation Commission authority to fully protect wetland resources including isolated vegetated wetlands, vernal pools and vernal pool habitat.

The ordinance also allows the commission to develop standards for projects in the floodplain to ensure future residents are protected from flooding, expressly directs the commission to consider climate change, sea level rise, and climate resiliency in reviewing applications, and develop performance standards.

Flood Resilience Zones are a new, additional layer of protection that will be established through the ordinance. This additional protection will require projects within the Flood Resilience Zone to go through Conservation Commission review, preparing homes and businesses for future flooding events. The Flood Resilience Zones will be further defined within the regulations and adopted by the commission. They are expected to be aligned with the Boston Planning & Development Agency and the 2070 Climate Ready Boston maps.