SHADOW LEGISLATION
Two State laws in place for the past quarter of a century have effectively protected Boston’s signature public parks from excessive shadowing, while still allowing for robust downtown development. One of the Friends most challenging advocacy efforts to date centered on the Shadow Laws in 2017 when the City of Boston filed a Home Rule Petition to exempt the proposed Millennium Tower at Winthrop Square in the Financial District. Though unsuccessful in preventing the exemption, the Friends of the Public Garden continues its steadfast commitment to support these effective laws and opposes any further erosion of these critical protections.
Following is a summary of the current State Laws:
(Ch. 362, Acts of 1990; Ch. 384, Acts of 1993; Ch. 57, Acts of 2017)
This State law restricts new shadows on the Common to the first hour after sunrise or 7:00 a.m. (whichever is later) or the last hour before sunset, with different restrictions for buildings in the Midtown Cultural District, which lies east and south of the Common and Garden.
For buildings in the Midtown Cultural District, new shadows are allowed for no more than two hours between the hours of 8:00 am and 2:30 pm from March 21 to October 21. Any new shadow lasting two hours or more during these times is not allowed.
(Ch. 384, Acts of 1993; CH. 57, Acts of 2017)
This law restricts new shadows on the Public Garden to the first hour after sunrise or 7:00 a.m. (whichever is later) or the last hour before sunset.
For buildings in the Midtown Cultural District, new shadows are allowed before 10:00 a.m. during the period between March 21 and October 21.
A zoning ordinance adopted by the City of Boston in 1989 provides additional protection for the Boston Common and Public Garden from excessive shade by setting a height limit of 155’ throughout the Midtown Cultural District. The Midtown Cultural District is the area abutting the Boston Common and Public Garden from Arlington to School Streets and generally defined by Boylston, Tremont, and Washington Streets.
In addition, it created a special Protection Area within the District – the Boston Common and Public Garden Protection Area – for buildings along Tremont and Boylston Streets. Height limits in this Area range from 125’ – 155’ along Tremont Street and from 85’ – 130’ along Boylston Street.