GCOD

GROUNDWATER CONSERVATION OVERLAY DISTRICT AND HOW THE REGULATORY PROCEDURES WORK

The City of Boston has adopted a Groundwater Conservation Overlay District (GCOD) in sections of the City to protect wood pile foundations of buildings from being damaged by lowered groundwater levels.

The purpose of this is to assure that construction projects do not cause reduction in groundwater levels on the construction site or on adjacent lots and also to recharge stormwater into the ground to help to raise the level of groundwater to a safe level. For more details on this zoning provision, including the text of the article and maps that show where it applies, please look under the "Docs" tab of this web-site.

The GCOD requires that those projects to which it applies obtain a Conditional Use Permit. To get the permit will require an appearance before the Zoning Board of Appeals (ZBA). If you are not sure whether your project is covered by the GCOD, please contact Elliott Laffer at the BGwT for informal guidance. The Inspectional Services Department makes the final determination; check with them for official confirmation.

To satisfy the requirement that the project will not cause a reduction in groundwater levels, you will need a stamped letter from a licensed professional engineer registered in Massachusetts that certifies that the project will not cause the reduction and explains why.

If the project requires groundwater recharge, you will have to present plans and calculations to the Boston Water and Sewer Commission (BWSC) that show the required amount of recharge capacity, how much recharge is being provided, and locations of the supply and overflow lines along with any connections to BWSC lines. This would typically be included in the site plan submission required by BWSC. They will need enough time to review and comment on the submission before your hearing before the ZBA. The ZBA will usually not approve the Conditional Use Permit before receiving an approval letter from BWSC. For more details on the requirements for the BWSC site plan submission, please check their website, www.bwsc.org. Click on the Engineering section, then on Site Plans. Requirements for submittals to BWSC are listed under General Information. Additional information about GCOD regulations is listed under Groundwater District. Remember that this zoning provision specifies a volume of storage capacity that is required and it is independent of the permeability of the soil. Demonstrating compliance involves a relatively straightforward volume calculation.

Please remember that no building permit will be issued by ISD until the zoning requirements are satisfied, so it is good to start early on resolving groundwater issues and getting a date before the ZBA. Depending on the backlog at the Board of Appeals, this process can take three to six months. If your project requires other zoning relief, the GCOD requirements will be dealt with at the same time as those requirements.

APPROVAL PATHWAY FOR A PROJECT DETERMINED TO BE IN THE GCOD DISTRICT AND SUBJECT TO THE REGULATIONS
  1. File with ISD for a building permit. The procedural "turndown" letter will tell you that you are subject to the GCOD and must get a Conditional Use Permit by filing an "Appeal" to the ZBA. Appeal forms are issued by ISD. The letter also will advise you of necessary submissions to the BWSC.
  2. File the "Appeal" with the ZBA for the Conditional Use Permit. It can take several months before a scheduled appearance before the ZBA, so it is good to start that part of the building permit process as soon as possible.
  3. If your project involves any work, such as below ground construction, that could have a negative effect on groundwater levels, have a licensed professional engineer prepare a letter detailing the steps being taken to prevent any reduction in groundwater levels. The ZBA will determine if the letter adequately meets the zoning requirements. For informal guidance , either send the letter to Elliott Laffer at BGwT or have your engineer contact him.
  4. If the project requires recharge mitigation, file those plans by a licensed engineer with BWSC as soon as possible. It can take 2-4 weeks for BWSC to review the submission, and any questions they raise will have to be resolved before they will write a letter to you indicating that your project meets the recharge requirements of the GCOD. Having your engineer meet directly with the BWSC representative may expedite their review as will careful attention to their submission requirements. The BWSC approval letter will be copied to, among others, the ZBA and the BGwT.
  5. Submit your plans and the BWSC letter of approval to the ZBA at the Inspectional Services Department desk at 1010 Massachusetts Avenue.
  6. At the ZBA hearing, be sure to have your letter from BWSC as well as the letter from the engineer if required. ZBA hearings are held at City Hall. If GCOD is the only reason for your appearance, plan to keep your presentation to that topic only. The ZBA will vote on the Conditional Use Permit at the hearing.
  7. After the ZBA votes, the applicant prepares a draft decision letter that reflects the vote. Submit that draft to the Law Department, which will review and correct it for correct legal form. The Law Department will then forward the decision letter to the ZBA. The letter must then be signed by each ZBA member who voted on the application, allowing them to make sure that it accurately reflects the vote.
  8. After the letter is signed it is forwarded to the Plans and Zoning department of ISD. It is held there for 20 days, which is the statutory period during which a court appeal of the decision can be filed. After that period, the applicant can get a building permit. The process from filing of the decision to building permit availability can take 4-6 weeks.
  9. For more details on the ZBA process, visit www.cityofboston.gov/isd/building/boa/zprocess.asp.