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POLICY DATABASE
Policy 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.).

Background Information

State Massachusetts
Jurisdiction Name Boston
Jurisdiction Type City,
Population Size 200,000-800,000
Legal Strategies
  • Requires something, sets standards
  • Expressly allows something
Reach Community-wide
Food System Category Grow; Get;

Policy Details

Refers to priority populations?
No

Health-related goal?
No

Environmental goal?
Yes

See, e.g., references to "conservation," and "air pollution." § 33-2.

Economic goal?
Unclear

See reference to "harvesting of any agricultural... or horticultural commodity." § 33-8.

Includes findings?
No

Has a stated intent or purpose?
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.

Includes definitions?
Yes

§ 33-3 ("community garden" is not defined).

Addresses implementation?
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.

Enforcement provisions?
No

Evaluation component?
No

Requires extra 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.