
The East Boston Waterfront
Mapping the Access Rights of the Public
What is Chapter 91?
Because of a centuries-old common law concept called “public trust” and a Massachusetts law titled the “Public Waterfront Act,” often referred to as “Chapter 91,”, you have a legally enforceable right to access and use the land along the Boston waterfront.
- Orange highlights indicate public open spaces as mandated by Chapter 91.
- Green highlights part of the East Boston HarborWalk, which is also part of the spaces that are open to the public.
- Zooming into the map will enable you to view specific parcels.
Waterfront Bill of Rights
- You have the right to walk, pass freely, fish, and fowl on tidelands, unless the property’s waterways license limits this activity, or the state restricts access for public health and safety.
- You have the right to be provided with and have free and unencumbered access to, public facilities and open spaces on the waterfront.
Emergency Preparedness
Outlined in red are the emergency exit routes. These routes provide the fastest exit from East Boston in the case of severe snow storms or flooding.
There is a 10% chance that the following areas in blue will be underwater by 2030.
If sea levels were to rise by 9 inches by the year 2030, there is a 1% chance that the areas highlighted in blue will be submerged underwater. While 1% may seem like a small chance, policy-makers and community members must ask themselves if it's a risk worth taking. Furthermore, while these particular flooding areas may have a 1% chance of happening, this doesn't disregard the greater chance there will at least be partial flooding within the neighborhood.
Community Sites
Cultural Sites
Methods
This webpage was created using StoryMaps provided by ArcGIS. The data used to create the maps were gathered from a variety of online sources, which are attached below.
Physical Boundaries and Landscapes: These layers pertain to the projected rise in sea levels and emergency snow routes .
Property Boundaries: These layers contain information about parcels and public open spaces . Some of the public open space shapes were manually outlined by our team.
Cultural and Historic Sites: The data for the Cultural Sites map came from websites deemed reputable. The categories used were community centers and services, historical sites, and artistic sites.
Development
Municipal Harbor Plan (MHP):
A long-term planning and development vision for multiple, connected harbor-front sites. These plans provide cities and towns with some flexibility in how they develop waterfront areas, as long as they do not compromise the area’s overall public benefits.
Permitting/Licensing:
No permit or license is required for work that does not: change the use of the site, substantially alter more than 10 percent of the site or its structures, or reduce the overall space available for boats and other water vessels. Examples include maintenance, fish ladders, revetments, and storm drainage outfalls. As a member of the public, you have 21 days after the issuance of a license/permit to submit an appeal of the decision.
Exemptions:
Some existing buildings are not bound by the Public Waterfront Act because the project was built before 1984 and is exempt from the current law. For example, The Harbor Towers condominiums. However, if such a grandfathered site or structure changes how it is used, or is significantly redeveloped, it would need a license under the current Waterways Regulations. The project also could follow an approved Municipal Harbor Plan.
Reporting Violations:
First, review the details of its license and/or management plan. If you confirm that there is a violation, contact MassDEP, the agency responsible for enforcing licenses and plans. Boston residents can call 311 to report violations, such as closures on the public walkway along the Harborwalk.
Additional Resources & Contacts
- Chapter 91 Original Legal Text
- The Harborkeepers - 434 Chelsea Street, 2nd Floor, East Boston, MA, 02128 theharborkeepers@gmail.com
- Conservation Law Foundation - 617.350.0990
- Boston Harbor Now - 617.223.8667
- Save the Harbor, Save the Bay - 617.451.2860
- MA Department of Environmental Protection - 617.556.1198
- Office of Coastal Zone Management