The Revitalist

The Mass House of Representatives voted on legislation that resolves the open issue around development on filled tidelands. In February of this year, the Mass Supreme Judicial Court ruled on a case where Cambridge residents sued the developers of the massive NorthPoint complex. At issue is whether development projects that are sited on filled tidelands but that are not on the waterfront (waterfront properties are regulated by Chapter 91) are subject to the state's environmental and public benefit review just as waterfront projects are. The Court ruled that all filled tideland projects are subject to review and left it to the legislature to sort out the ensuing mess. Well, the House passed a bill that is meant to resolve the question and settle the titles of already existing properties (like One Post Office Square, for example). An earlier version of the bill had called for the creation of a new office under the Director of Tidelands and Great Ponds that would review the overall public benefit of projects on filled tidelands but falling outside the purview of Chapter 91. Thankfully, the passed version of the bill doesn't require the creation of a new office (such a Massachusetts solution), but gives the thumbs up or down power to the EoEA. Filled tideland projects will still have demonstrate that they provide public benefit (elements like economic development and jobs are included in the calculus, along with the traditional public access and environmental protection). The Senate has yet to weigh in, but it appears to be headed for approval and signing by Gov. Patrick.