Waterfront living in Boston comes with remarkable views and a unique rulebook. If your condo sits along the Harborwalk or on filled tidelands, Chapter 91 likely shapes what you can build, how public access works, and what your association must maintain. Knowing the basics helps you avoid surprises and protect value. This guide explains Chapter 91, the Harborwalk, and what to check as an owner or board member on the Waterfront. Let’s dive in.
Chapter 91 on Boston’s Waterfront
Chapter 91 is Massachusetts’s Public Waterfront Act, which regulates work, fill, and use on tidelands and certain waterways. MassDEP’s Waterways Program administers licenses, permits, and enforcement under this statute. You can review the statewide overview on the MassDEP site under Chapter 91 guidance. MassDEP’s Chapter 91 overview explains the purpose and licensing process.
MassDEP’s regulations are codified at 310 CMR 9.00. These rules set standards for public access, signage, hours, and management of waterfront spaces. They also explain how obligations are recorded and enforced. See the Waterways Regulation at 310 CMR 9.00.
How the Harborwalk fits in
The Boston Harborwalk is a continuous public pedestrian route built parcel by parcel along the shoreline. Many segments were required as conditions of Chapter 91 licenses and local planning. Sections are owned or managed by different entities, which is why hours, amenities, and rules can vary by address. Learn how the Harborwalk is created and managed.
For parcel specifics, the Harborwalk webtool is your best map. It shows parcel boundaries and often links to license details and contacts. Use the Harborwalk webtool to locate your property.
What this means for your condo or HOA
Chapter 91 license conditions often run with the land and are recorded at the Registry of Deeds. Your condo association may be responsible for construction, maintenance, signage, and insurance for public access areas. Two buildings next to each other can have different obligations, so always confirm your exact license.
Public access and amenities
Licenses often require a pedestrian walkway with features like benches, lighting, ramps or stairs, and clear signage. Exterior public areas are generally open 24 hours unless your license specifies different hours. Gates or barriers that impede free pedestrian movement are not allowed unless the license expressly authorizes them. See the public access standards in 310 CMR 9.35 and Harborwalk planning guidance.
Ground floor uses
Some tideland licenses or local zoning require Facilities of Public Accommodation on the ground floor. These are public‑facing uses that activate the waterfront. Where required, specifics will appear in your license or planning approvals. Review BPDA Harborwalk policies for context.
Maintenance, signage, and rules
Most licenses assign long‑term upkeep of public access areas to the owner or association, including cleaning, repairs, and accurate signage describing access rights and any approved restrictions. You may adopt reasonable rules for safety and operations, but substantial restrictions need MassDEP authorization. MassDEP explains recording, compliance, and enforcement and 310 CMR 9.35 sets signage and access standards.
Liability basics
When you open land for public recreational use without a fee, the regulations apply a limited liability standard. Owners are generally not liable for injuries unless conduct is willful or reckless. Your license may also include insurance or bonding requirements, so confirm details with your broker and counsel. See the liability standard reflected in 310 CMR 9.35.
A Waterfront condo checklist
Use this list to understand obligations and stay compliant.
- Obtain and review the recorded Chapter 91 license and plans for your parcel. Use MassDEP’s Waterways resources or request a file review. Start with the Waterways Program page.
- Review your master deed, bylaws, and condo plans for Chapter 91 references. Confirm who is responsible for the Harborwalk, signage, and amenities. Some parcels have statute‑level requirements, such as the Commercial Wharf example that specifies a 10‑foot Harborwalk and assigns maintenance to the association. See Acts of 2022, Chapter 313.
- Confirm maintenance, insurance, and risk management with counsel and your insurance broker. Check whether the license requires specific coverage or bonding. Review the liability framework in 310 CMR 9.35.
- Audit signage. Ensure public access signs are accurate and visible, including any hours or restrictions stated in the license. 310 CMR 9.35 addresses signage requirements.
- Before changes at the water’s edge, consult MassDEP. Construction, events that close the walkway, or altering ramps, rails, docks, or fences often require a license amendment or administrative review. See MassDEP’s Chapter 91 guidance on changes and recording.
- If there is an issue: report city operational items like lighting or trash to Boston 311. For Chapter 91 compliance or enforcement, contact DEP.Waterways or file through ePLACE. Request an administrative review or enforcement action.
- For events, film, or commercial uses on the Harborwalk, check your license first and coordinate with your property manager. Some parcels limit commercial activity or require permits. Use the Harborwalk webtool for parcel contacts and amenities.
Buying or selling on the Waterfront: key questions
If you are preparing to buy or sell a Waterfront condo, build these questions into your due diligence:
- What does the recorded Chapter 91 license require for this parcel, and who is responsible for each obligation?
- Are there any MassDEP approvals pending, recent enforcement actions, or unrecorded amendments?
- What are the Harborwalk’s approved hours, and are there license‑approved restrictions that differ from 24/7?
- What are the maintenance and insurance obligations for public access areas, and how do they affect condo fees or reserves?
- Are the required amenities and signage in place and in good repair?
- Have any recent or proposed alterations been cleared with MassDEP and recorded as needed?
You can obtain documents through MassDEP’s waterways file review and the Registry of Deeds, then confirm findings with your attorney and manager. Learn how to request a waterways file review.
Managing issues and staying compliant
Keep a simple playbook. For trash, lighting, or non‑emergency hazards, use Boston 311. For license compliance, restrictions, or changes, contact DEP.Waterways at the addresses listed on MassDEP, or file through the EEA ePLACE portal for administrative review. Start a Chapter 91 administrative review request. For quick parcel context or contacts, use the Harborwalk webtool.
The bottom line
On the Waterfront, Chapter 91 is part of ownership. Your obligations are parcel‑specific and recorded, which means they affect day‑to‑day management and long‑term value. Confirm the license, keep signage accurate, and coordinate with MassDEP before making changes. If you are buying or selling, build Chapter 91 into your checklist early.
For discreet guidance on buying or selling along Boston’s Harborwalk, connect with David Mackie for expert representation and neighborhood insight.
FAQs
Can an HOA close the Harborwalk at night on Boston’s Waterfront?
- Public exterior spaces are generally open 24 hours unless the Chapter 91 license explicitly authorizes different hours; restrictions must be stated in the license. See 310 CMR 9.35.
Can a condo association add a gate along its Harborwalk segment?
- Gates or fences that impede or discourage free pedestrian movement are prohibited unless the license specifically permits them. See the public access standard in 310 CMR 9.35.
Are Waterfront condo owners liable if someone is injured on the Harborwalk area they maintain?
- The regulations apply a limited liability principle for land opened to public recreational use without a fee; liability generally requires willful or reckless conduct, and associations should still confirm insurance. Review 310 CMR 9.35.
How do I find the exact Chapter 91 requirements for my Waterfront address?
- Check the recorded license and plans via MassDEP’s resources and use the Harborwalk webtool for parcel details, then confirm with a waterways file review. Start with the Waterways Program and webtool.
What happens if Harborwalk maintenance falls behind at a condo building?
- MassDEP can enforce Chapter 91 obligations; you can report suspected violations or seek an administrative review through ePLACE, and use 311 for local operational issues. File an administrative review request.
