By: Ann Sobolewski, Michael Ross, and Maggie Roberts
Boston’s “new” Planning Department officially launched on July 1, 2024. When former Mayor Marty Walsh rebranded the Boston Redevelopment Authority (“BRA”) in 2016 by changing its name to the Boston Planning and Development Agency (“BPDA”), he did not substantively alter the way that the Agency operated or change its independent authority. By contrast, Mayor Michelle Wu campaigned on a vow to “Abolish the BPDA,” and she has now significantly advanced that goal with the transfer of the BPDA’s staff and funds to the newly established Planning Department.
The BRA was created in 1957 by the City Council and the Legislature to oversee housing development, a remit that was expanded to include commercial as well as residential development. Its duties and authority, spelled out in M.G.L. c. 121B, § 4, included the ability to obtain property by eminent domain, to grant tax reductions, and to buy and sell property generally.
In 1960, the general planning authority held by the City Planning Board was transferred to the BRA by a merger of the Planning Board into the BRA, codified in M.G.L. c. 652, § 12. The BRA oversaw urban renewal projects, such as the redevelopment of the West End, Government Center, and the Prudential Center. While urban renewal was a creation of the 1950s and 1960s and has come under scrutiny for the manner in which it was used to reshape parts of the city, twelve urban renewal plans remained active until the abolition of the BRA.
The Economic Development and Industrial Corporation (“EDIC”), created in 1971, was a quasi-public agency formed to promote local economic development on manufacturing and industrial properties. Mayor Menino merged the EDIC into the BRA in 1993.
The BRA/BPDA was an independent Agency which operated without City oversight. It was self-financed, with its budget not subject to the control of the City Council. Similarly, the Mayor’s office did not have control over the staffing or operations of the BPDA.
In January, Mayor Wu filed an ordinance seeking to transfer the BPDA staff to a newly created Planning Board and to transfer the BPDA’s funds to the City’s budget. This ordinance was approved by the City Council and Legislature, and the Planning Department officially launched on July 1.
The responsibilities and structure of the newly created Planning Department are stated in Section 8-14 of the City of Boston Code, Ordinances. Section 8-14 provides that the Department is to be run by a Chief of Planning who will be appointed by the Mayor and must be a Boston resident. The Department’s obligations are broken down in to five divisions: the Planning Division, which is charged with creating comprehensive plans and zoning regulations for the City; the Design Division, which will set architectural and public realm standards; the Development Review Division; and the Real Estate Division, which will manage the acquisition and disposition of real estate, including promoting public/private partnerships. While all employees of the Planning Department will be City employees, there is an exemption from the residency requirement for individuals who were BPDA employees as of July 1. The BPDA’s funds, per the Ordinance, were transferred to the City and it must now fund the Planning Department through the regular budget process.
The EDIC and the BRA still have statutory obligations under their enabling legislation so they have not been abolished per se. However, the bulk of their responsibilities and (crucially) their funds have been transferred over to the new City Planning Board. By this restructuring, the creation/amendment of zoning and approval of large projects no longer rests in the hands of an independent authority, but one that is wholly within the control of the City.
One unresolved issue is the fate of the Article 80 development review process, which sets forth guidelines for certain development projects, typically those adding at least 20,000 square feet of gross floor area or a minimum of 15 dwelling units. Mayor Wu has pledged to make development review “more predictable, transparent, and accountable to residents, businesses, and development entities alike.” For now, the review process remains at status quo, but keep an eye out on the Planning Department’s “Article 80 Modernization project.” This initiative, which began in July 2023, seeks to update the process and, according to the new webpage, the Planning Department seeks to “deliver this work over the next year.” (Examples of recent Prince Lobel Article 80 approvals are described here.)
Of course, when it comes to the built environment, no reforms are complete without substantive zoning reforms. We’ve seen some early progress in the City’s Squares + Streets initiative, which encourages greater density at key intersections, more flexible dimensional requirements, less parking requirements, and generally, a more progressive permitting regime. It’s not perfect – there are still newly created single-family sub districts which we see other cities phasing out – however, it’s a great step in the right direction.
If you have any questions on Boston’s Planning Board or this restructuring, please reach out to Ann Sobolewski, Mike Ross, or any other member of Prince Lobel’s Real Estate Practice Group.