Rick Dimino

It should be obvious by now that Massachusetts and the entire region need to both mitigate and adapt to the impacts of climate change, and last week’s report from the Intergovernmental Panel on Climate Change (IPCC) further heightens our urgent need to incorporate climate risks into our waterfront development. If the commonwealth can set predictable, well-defined rules for property owners and stakeholders in the context of climate-informed coastal development regulations, then we can continue to create vibrant waterfronts and protect our future economic growth.

Recent news on the potential damage to our coastline from climate change is alarming. The IPCC reported 40 percent of the world’s population is highly vulnerable to the impacts of climate change, with risks from extreme heat, coastal flooding, sea level rise and extreme precipitation putting Massachusetts communities at heightened risk. Another report from the National Oceanic and Atmospheric Administration predicts sea levels in Massachusetts and the Northeast region could increase by 21 inches by 2050, resulting in frequent high-tide flooding. Without urgent action on transformational infrastructure improvements and carbon reduction strategies, our coastline is facing a perilous future.

Massachusetts will need creative and resilient infrastructure solutions to adapt to climate change, some of which may involve sea walls, new fill and other physical infrastructure to protect our coastline and its communities. Unfortunately, many of these types of resilient infrastructure projects are not currently allowed under existing regulations. Massachusetts’ Department of Environmental Protection is looking to update its Chapter 91 regulations to help keep waterfront communities safe while enabling climate resilient waterfront development. This is an encouraging goal, but it will require the commonwealth to provide regulatory clarity and prioritize flexibility for local and district-scale resiliency interventions that will be carried out by both the private and public sector.

Clear Definition of ‘Equitable Access’ Needed

DEP should use this opportunity to establish comprehensive definitions of climate resiliency and equitable waterfront accessibility within Chapter 91 regulations. The impacts of extreme heat and extreme precipitation will be detrimental to waterfront and should be addressed alongside sea level rise and coastal flooding in our waterfront resiliency efforts.

As DEP considers how to amend Chapter 91 regulations, the commonwealth should also clarify the definition of equitable waterfront accessibility for all communities, and how this can be prioritized as a core component of a climate-resilient waterfront. We need a community resilience approach that ensures equitable waterfront accessibility to all and that prioritizes beneficial outcomes to local communities as the public and private sectors continue to shape the public, open and civic spaces along the waterfront.

In addition to setting clear definitions in Chapter 91 amendments, it is essential that DEP promote regional and district-wide approaches to resiliency across jurisdictions. Chapter 91 updates cannot be effective unless state regulations are coordinated with local, state and federal agencies currently involved with land subject to Chapter 91 regulations, as well as with parallel policies and regulations governing wetlands, conservation land and areas frequently subject to coastal flooding and extreme precipitation.

 Predictability, Timing Can Be Improved

As Chapter 91 amendments are considered, it’s vital that long-term license options are upheld to keep financing viable for private development and economic investment in the commonwealth’s waterfront. DEP Chapter 91 licenses should match the reasonable lifespan of built assets to provide more certainty for license holders and investors. DEP should also continue to allow additional building height and elevation to help accommodate rentable square footage lost due to the climate resilient relocation of building equipment that is susceptible to flooding. Finally, in order to provide predictability and consistency for developers, it would be helpful for DEP to clarify which sea level rise projections will be used, how often they will be updated and the implications of updated projections on Chapter 91 regulations.

The need for regulatory certainty and consistency will be ever more crucial as we seek to revitalize the waterfront in COVID-19 pandemic recovery efforts, and will help to protect Boston’s economic vitality and global competitiveness as developers seek to invest in the city and commonwealth. The commonwealth must also work with the city of Boston and other coastal communities to expedite our approval process for regional resilient infrastructure projects, and to leverage potential federal infrastructure funding that could deliver resilient infrastructure projects that protect the coastline and its communities. Greater Boston may be particularly vulnerable to the impacts of climate change, but this area is also uniquely poised to take action, with coordinated climate commitments across all levels of government, to meet this challenge.

If DEP can produce clear, effective and predictable regulations for Chapter 91 developments, then the private sector will be able to continue to be an essential partner that invests in Massachusetts, maintains our economic vitality and global competitiveness and protects communities against the impacts of climate change. We all have a lot to lose if we cannot build a more resilient Massachusetts, so let’s update our rules in a manner that is more likely to lead to our success.

Rick Dimino is CEO of A Better City.