Bill
HD 213
HD 213 expands preservation to include coastal-defense actions (like seawalls and dune work) to protect open spaces, historic resources, and community housing from flooding and sea
HD 213 Summary: An Act to protect open space, historical resources, and community housing from coastal threats
Overview
- Bill number and title: HD 213, An Act to protect open space, historical resources, and community housing from coastal threats.
- Sponsor: Representative Patrick Joseph Kearney (Scituate).
- Purpose: To strengthen protection for open space, historical resources, and community housing by explicitly recognizing certain coastal-protection activities as “preservation” under Chapter 44B, thereby enabling actions to defend these resources from coastal hazards.
Key Provisions
- Amendment to Chapter 44B: Section 2 of Chapter 44B, as appearing in the 2020 Official Edition, would be amended.
- Revised definition of "Preservation": The bill would strike the current definition of preservation and insert a new definition that reads:
- “‘Preservation’, protection of personal or real property from injury, harm or destruction, including but not limited to the construction, alteration, or rehabilitation of beaches, dunes, seawalls, and other coastal infrastructure for the purpose of protecting open space, historical resources, or community housing from flooding, sea-level rise, and storm surge.”
- Scope of activities: The definition explicitly includes construction, alteration, or rehabilitation of coastal infrastructure (beaches, dunes, seawalls, etc.) as acts of preservation when undertaken to protect targeted resources from flooding, sea-level rise, and storm surge.
- Notices of amendment: The draft notes that the measure is a proposed amendment to existing statute, with text that would be binding if enacted.
Affected Parties and Impacts
- Public resources and housing protections: Open space lands, historical resources, and community housing located in coastal areas would be explicitly eligible for preservation actions under the expanded definition.
- Coastal municipalities and agencies: Towns, local preservation committees, and state agencies responsible for coastal management and open-space/historic-resource preservation could have broader authority to undertake or fund coastal-defense projects that protect these resources.
- Property owners: Owners of open spaces, historic properties, and community housing could see enhanced protections from coastal threats; potential increases in permitting activity for coastal infrastructure projects (e.g., seawalls, dune restoration) that fall under preservation.
- Environmental and planning considerations: The expanded definition could influence project scoping, funding decisions, and permitting, balancing protection from hazards with environmental and community impacts.
Status and Procedural Notes
- Status: The provided text does not specify current legislative status. The bill is listed as a proposed bill filed in early 2025.
- Original filing and related measure: HD 213 is associated with a prior similarly titled matter filed in the 2023-2024 session (House No. 838).
- Effective date: No explicit effective date is stated in the text; if enacted, the effective date would follow standard statutory enactment procedures or as specified in the final bill.
Context
- This bill aims to codify a broader interpretation of preservation by explicitly permitting coastal-defense actions as preservation activities when protecting key resources from climate-related threats. If enacted, it could streamline or authorize a wider range of coastal-protection projects within the framework of preservation.
Compiled from official sources — confirm details with the bill’s official record.
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