Boston Code of Ordinances § 7-2.2

Citation: Boston Code of Ordinances § 7-2.2 (m)
Parent Document: Boston Code of Ordinances § 7-2.2
Jurisdiction: Boston (municipal)
Original Source: https://codelibrary.amlegal.com/codes/boston/latest/boston_ma/0-0-0-4075 ↗

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(m) Decreasing the capacity of wetlands to respond to the impacts of climate change, including without limitation, changes in:
1. The timing, intensity and amount of precipitation;
2. Temperatures; and
3. Intensity and/or frequency of storms, extreme weather events and/or droughts.
APPLICANT. A person filing a request for determination of applicability, an abbreviated notice of resource area delineation, notice of intent or other application with the Commission.
AREA OF CRITICAL ENVIRONMENTAL CONCERN. An area so designated by the Secretary of Environmental Affairs of the commonwealth pursuant to regulations (301 CMR 12.00), said designation being due to the particular environmental factors which impact upon the areas in question and which highlight the importance of each area so designated. The city may separately designate in the city AREAS OF ENVIRONMENTAL CONCERN according to criteria and guidelines established by the Commission and distinct from those used by the Secretary.
AREA OF SPECIAL FLOOD HAZARD. Derived from FEMA flood maps, the land in a floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, AE or VE.
AREA SUBJECT TO PROTECTION UNDER THE ORDINANCE. See definition for Resource Area.
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. This is the regulatory standard also referred to as the “100-year flood”. The BASE FLOOD is the national standard used by the National Flood Insurance Program (“NFIP”) and all Federal Agencies for the purposes of requiring the purchase of flood insurance and regulating new development.
BASE FLOOD ELEVATION. The computed elevation to which floodwater is anticipated to rise during the base flood. BASE FLOOD ELEVATIONS (“BFEs”) are shown on Flood Insurance Rate Maps (“FIRMs”) and on the flood profiles.
BEST AVAILABLE MEASURES. The most up-to-date technology or the best designs, measures, data or engineering practices that have been developed and that are commercially or readily available.
BEST MANAGEMENT PRACTICES. Technologies, designs, measures, data or engineering practices that are in general use to protect the resource area values of the ordinance.
BOG. See definition for Freshwater Wetlands.
BORDERING. Any portion of a marsh, freshwater wetland, coastal wetland, wet meadow, bog, swamp, bank, beach, dune, flat, fen that touches any portion of a river, stream, brook, creek, pond, vernal pool, reservoir, estuary, lake or the ocean shall be considered BORDERING.
BOUNDARY. The boundary of an area subject to protection under the ordinance. A description of the BOUNDARY of each area is found in the appropriate Section of the ordinance or 310 CMR 10.00.
BROOK. See definition for Stream.
BUFFER ZONE. The areas 100 feet horizontally lateral from the boundary of any resource area, including: freshwater or coastal wetland (excluding LSCSF), marsh, wet meadow, bog, swamp, vernal pool, spring, bank, reservoir, stream, brook, creek, river, lake, pond of any size, beach, dune, estuary, flat or the ocean.
BUILDING. A combination of any materials, whether portable or fixed, temporary or permanent, having a roof enclosed within exterior walls or firewalls built to form a structure for the shelter of persons, animals or property.
CERTIFICATE OF COMPLIANCE. A written determination by the Conservation Commission as to whether work or a portion thereof has been completed in accordance with the permit issued under the ordinance governing said work.
COASTAL BANK. In addition to the definition found in the regulations under the Wetlands Protection Act, 310 CMR 10.30, COASTAL BANK shall include seawalls and bulkheads existing on the effective date of this Section unless the seawall supplies sediment to coastal beaches, coastal dunes and barrier beaches. Existing seawalls and bulkheads are presumed significant to the purpose of the Act and Regulations as a COASTAL BANK because they are designed to serve as vertical buffers to storm damage.
COASTAL BEACH. Unconsolidated sediment subject to wave, tidal and coastal storm action that forms the gently sloping shore of a body of salt water and includes tidal flats. COASTAL BEACHES extend from the mean low water line landward to the dune line, coastal bankline or the seaward edge of existing human-made structures, when these structures replace one of the above lines, whichever is closest to the ocean.
COASTAL ENGINEERING STRUCTURE. A structure used to protect homes, buildings, roadways, utilities or other inland or upland structures on or near the coast, such as seawalls, revetments, breakwaters, jetties, groins, weirs, gabions, sandbags, marine mattress, rip-rap, piers, wharfs, bulkheads, stairways, access ramps, boat ramps, boardwalks, tide gates or any other structure which by its design alters wave, tidal, current, ice or sediment transport or is intended to prevent or alleviate storm damage, tidal action, wave action, littoral flow or erosion.
COASTAL FLOOD RESILIENCE ZONE (“CFRZ”). The area of land beyond the current boundary of land subject to coastal storm flowage or land subject to tidal action that the Commission determines has a reasonable probability of becoming subject to future coastal storm flowage or tidal action due to sea level rise (“SLR”) within approximately the next 50 years. The COASTAL FLOOD RESILIENCE ZONE as delineated on maps adopted by the Commission may be periodically reviewed and revised by the Commission, and may divided into sub-zones with different regulatory requirements.
COASTAL STORM FLOWAGE. Land subject to any inundation caused by coastal storms up to and including that caused by the 100-year storm, surge of record or storm of record, whichever is greater.
COASTAL WETLANDS. Any bank, marsh, swamp, meadow, flat or other lowland subject to tidal action or coastal storm flowage.
CONDITIONS. Those requirements set forth in a written permit issued by the Conservation Commission for the purpose of permitting, regulating or prohibiting any activity that removes, fills, dredges, builds upon, degrades, discharges into or otherwise alters an area subject to protection under the ordinance.
CONSERVATION COMMISSION (“COMMISSION”). The body in the city comprised of members lawfully appointed pursuant to M.G.L. Chapter 40, Section 8C and Subsection 7-1.1.
CREEK. See definition for Stream.
CUMULATIVE EFFECT. An effect that is significant when considered in combination with other activities that have occurred, that are occurring simultaneously or that are reasonably foreseeable, whether such other activities are contemplated as a separate phase of the same project, or arise from unrelated but reasonably foreseeable future projects. Future activities within a site, district or institutional area identified within an annual budget, capital spending plan, Master Plan, Planned Development Agreement or equivalent document approved by the city or any other government Agency are specifically considered to be reasonably foreseeable future projects for the purposes of this Section. Future effects of sea level rise, coastal or inland flooding or other future climate change effects are included among CUMULATIVE EFFECTS.
DETERMINATION.

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