A judge has rejected zoning rules that allow for a much-debated skyscraper on the edge of Boston Harbor, creating uncertainty for the project.
Suffolk Superior Judge Brian Davis ruled that the Department of Environmental Protection didn't have the power to delegate licensing authority to Secretary of Energy and Environmental Affairs Matthew Beaton.
Beaton used the authority to open the door for a 600-foot tower on the Harbor Garage site through Boston’s downtown municipal harbor plan.
Davis noted in his ruling that DEP rules say that buildings can only be 55 feet high within 100 feet of the shore. His ruling came in a lawsuit brought by the Conservation Law Foundation and neighbors.
It's unclear what the ruling means for developer Don Chiofaro, who proposed a $1.2 billion, 42-story glass tower. A company spokesperson said the developer is reviewing the ruling.
If the ruling stands, then it could cast doubt on other projects along the Massachusetts coastline, officials said.