An Innovative Approach to Evaluating the Public and Private Benefits of Land Use Decisions
Written by Shuprotim Bhaumik and Alexander Meeks . The Massachusetts Public Waterfront Act — “Chapter 91” — gives every state resident a legal right to access waterfront areas called tidelands. The Act defines specific requirements for land uses, building heights, and the siting of public open space in tidelands. The goal of these rules is to preserve public access to the waterfront. In high-value real estate markets — such as Downtown Boston and Boston’s Seaport neighborhood — Chapter 91 requirements and real estate and economic development goals can come into conflict. On the one hand, waterfront tideland parcels offer access to high quality open space, provide opportunities for waterfront connectivity, permit water-dependent uses, and are the logical sites for resilient, green infrastructure. On the other, they provide significant opportunities for public fiscal return, enabling economic and housing development and private return on investment. Under Chapter 91, ...