POLICY DATABASE
Boston, Mass., Zoning Code § 33-8 (current through May 31, 2018)
Brief Summary
This provision describes land that is appropriate for the City's "Community Garden Open Space Subdistricts." (Community gardens are one of nine possible open space subdistricts--open space districts are designed to protect and preserve open spaces through land use regulations). Specifically, it provides that "Community Garden open space (OS-G) sub districts shall consist of land appropriate for and limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity; such land may include Vacant Public Land." Note that Boston's Zoning Code includes a separate chapter devoted to "Urban Agriculture" (see Article 89, Section 89-1 et seq.).
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Massachusetts
Jurisdiction Type: City
Jurisdiction Name: Boston
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
No.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. See, e.g., references to "conservation," and "air pollution." § 33-2.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Unclear. See reference to "harvesting of any agricultural... or horticultural commodity." § 33-8.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The purposes of this article are to encourage the preservation of open space for community gardens.... to enhance the quality of life of the city's residents by permanently protecting its open space resources; ...and to ensure the provision of adequate natural light and air quality by protecting the supply of vegetation and open space throughout Boston." § 33-2.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 33-3 ("community garden" is not defined).
Does the law address implementation in some way?
Yes. The article where this law is located directs that ""open space subdistricts may be established by the Zoning Commission only on land within an OS zoning district"" and sets out other eligibility requirements. § 33-6, -7.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
No.
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Section 33-8 is located in the Boston Redevelopment Authority Zoning Code, Article 33 - Open Space Subdistricts / Section 33-8. - Community Garden Open Space Subdistricts. History: not specified.