Newton homeowners will have more flexibility in where they can place raised garden beds after the City Council approved a zoning amendment on June 15 changing how the City regulates this increasingly common landscaping feature.
The amendment, which passed with 17-3, with four Councilors absent, received one more affirmative vote than the 16 required to approve a zoning amendment. Councilors Lisle Baker, Stephen Farrell, and John Oliver voted against the measure. The ordinance removes raised beds from the zoning ordinance’s general definition of a “structure” and creates a new set of rules specifically governing their placement.
According to Nora Colello, Newton’s Chief of Long Range Planning, raised beds previously were treated like other structures because they met the ordinance’s broad definition of “an assemblage of materials built on the ground.” As a result, they were subject to the same setback rules as buildings, so they generally could not be placed within specified distances from property lines.
The proposal was introduced by City Councilors Susan Albright and Andrea Kelley after several homeowners faced complaints over raised beds they had located within setback areas.
“The Inspectional Services Department deems raised beds to be a structure,” Councilor Albright told Fig City News. “They didn’t go out looking for raised beds to give people tickets or fines, but if a neighbor turned in a neighbor, the City would make that person take away the raised beds.”
Councilor Albright said the ordinance was prompted by a handful of enforcement cases, including one involving a family in Waban.
“It wasn’t common,” she said. “But I know last year a family in Waban got turned in by their neighbor. Now I know another young family that has some raised beds in their backyard, and they were turned in by a neighbor.”
New dimensional requirements
Under the new ordinance, homeowners may install raised beds within setback areas provided they meet the new dimensional requirements. Beds in front setbacks may be up to two feet high and must be at least five feet from the front property line. Beds within side setbacks may be up to four feet high and must remain at least 7.5 feet from neighboring property lines, while beds in rear setbacks may also be up to four feet high and must be at least five feet from the rear property line.
Individual beds may be no more than 10 feet long and four feet wide and must be separated by at least three feet. The total area of raised beds within any one setback may not exceed 80 square feet. Trellises attached to raised beds may extend up to five feet above grade.
Colello said the Planning Department worked with the City Council throughout the review process by examining Newton’s existing regulations, researching how other municipalities regulate raised beds, and developing options for the Zoning and Planning Committee.
“Homeowners now have more flexibility in where they can place raised garden beds on their property, while still maintaining a required buffer space intended to reduce potential impacts on neighboring properties,” Colello told Fig City News. “The adopted rules establish clear standards tailored to raised garden beds, including how close they can be to property lines and how tall they can be depending on where they are located on a property.”
Six months in committee
The proposal spent nearly six months before the Zoning and Planning Committee, which held the item over three times before recommending a compromise ordinance in a 6-0-1 vote, with Chair Lisle Baker abstaining.
At a June 8 public hearing, ten residents testified, with nearly all supporting the proposal. Supporters said raised beds are less intrusive than many structures already permitted within setbacks, improve accessibility for older adults and people with disabilities, and allow residents to grow food in uncontaminated soil. Several speakers also questioned why raised beds faced stricter regulations than retaining walls, fences, and parked vehicles.
One resident expressed concern that raised beds and dense plantings near driveways could create visibility issues for motorists and urged the City to adopt clear standards and enforcement guidelines.
Committee members ultimately approved a compromise that balanced greater flexibility for homeowners with limits on the size, height, and placement of raised beds.
Although she would have preferred fewer restrictions, Councilor Albright said the compromise was necessary to secure enough support for passage.
“A zoning change needs 16 votes,” she said. “I had to go along with making sure that there were 16 votes. As it was, we just squeaked by with 17 votes.”
Colello emphasized that the Planning Department’s role was to provide technical analysis rather than advocate for a particular policy.
“The Planning Department’s role for this item was to provide technical analysis and develop options for the Zoning and Planning Committee’s consideration,” she said. “The Department worked to identify approaches that addressed the Councilors’ goals while providing clear and practical rules that could be applied consistently.”
The amendment concludes more than a year of discussion over how raised garden beds should be regulated in Newton and establishes zoning standards specifically tailored to the residential feature.