HomeMy WebLinkAboutwetlands protection regulations - 1988
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WETLANDS PROTECTION REGULATIONS
TOWN OF NANTUCKET CONSERVATION COMMISSION
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1. 01
1. 02
1. 03
1.04
1. 05
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
3.01
3.02
3.03
3.04
TABLE OF CONTENTS
PART I - GENERAL PROVISIONS
INTRODUCTION AND PURPOSE
DEFINITIONS
PROCEDURES
SEVERABILITY AND INVALIDITY
EFFECTIVE DATE
Page 1
Page 1
Page 8
Page 10
Page 10
PART II - REGULATIONS FOR COASTAL WETLANDS
LAND UNDER THE OCEAN
COASTAL BEACHES (AND TIDAL FLATS)
COASTAL DUNES
BARRIER BEACHES
COASTAL BANKS
SALT MARSHES
SALT PONDS
LAND CONTAINING SHELLFISH
ANI9A.ROMOUS/CATADROHOUS FISH RUNS, AND
THE BANKS ALONG FISH RUNS, AND LANDS
\rJHICH LIE UNDER FISH RUNS
LAND SUBJECT TO COASTAL STORM FLOWAGE
Page 11
Page 13
Page 15
Page 17
Page 19
Page 20
Page 22
Page 23
Page 25
Page 26
PART III - REGULATIONS FOR INLAND WETLANDS
INLAND BANKS AND BEACHES
VEGETATED WETLANDS (WET MEADOWS,
MARSHES, SWAMPS, AND BOGS)
INLAND WATER BODIES CREEKS, STREAMS,
PONDS, DITCHES OR FLATS
LAND SUBJECT TO FLOODING (BOTH
BORDERING AND ISOLATED AREAS)
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Page 29
Page 31
Page 34
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PART I - GENERAL PROVISIONS
1.01 Introduction and Purpose
A. Introduction
These regulations are promulgated by the Town of Nantucket
Conservation Commission (hereinafter referred to as the
"Commission") pursuant to the authority granted to it under
Section 136-7 of the Town of Nantucket By-law for Wetlands,
[hereinafter referred to as the "By-law"). The regulations
should be read together with the By-law, which has many important
provisions not repeated in these regulations. These regulations
shall be used to enforce and implement the By-law, and shall have
the force of law upon their effective date. These regulations
supersede all existing rules and practices previously applicable
to procedures and proceedings before the Commission.
B. Purpose
The purpose of these regulations is to establish
definitions, design standards, and uniform procedures by which
the Nantucket Conservation Commission is to carry out its
responsibilities under the By-law.
1.02 Definitions
The definitions in Section 1.02 of these regulations are for
terms as used in the By-law and for terms as used in these
regulations. To the extent not defined herein or in the By-law,
words used in the By-law or in these regulations shall have the
definitions contained in the Massachusetts Wetlands Protection
Act (M.G.L. c. 131, sec. 40) and the rules and regulations
promulgated thereunder.
Abutter- an owner of land in any direction sharing a common
boundary with the site of the proposed activity, including any
land located directly across a street, way, stream, pond or
diagonally across from an intersection of roads. A landowner
more than 300 feet across a pond shall not be considered an
abutter.
Activity - same as definition of work.
Applicant - the individual filing the Nantucket Notice of
Intent or Nantucket Request for Determination of Applicability.
Areas Subject to Protection - land areas and/or water bodies
subject to protection under the By-law, as set forth in Section
136-3 of the By-law.
Bank (coastal) - the seaward face or side of any elevated
land form, other than a coastal dune, which lies at the landward
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. edge of a coastal beach, land subject to tidal action or storm
flooding, or other wetland. Any minor discontinuity of the slope
notwithstanding, the top of the bank shall be the top of the face
of the bank or the break in slope above the relevant lOO-year
flood plain elevation. A bank may be partially or totally
vegetated, or it may comprise exposed soil, gravel, stone or
sand.
Bank (inland) - the portion of land surface which normally
abuts and confines a water body. A bank may be partially or
totally vegetated, or it may comprise exposed soil, gravel,
stone, or sand. The physical characteristics of a bank, as well
as its location, are critical to the protection of wetland
interests. The upper boundary of a bank is the first observable
break in the slope above the ten-year flood level. The lower
boundary of a bank is the water body. A bank may be created by
man and/or made of man-made materials.
Beach - unconsolidated sediment subject to wave, tidal, or
coastal storm action which forms the gently sloping shore of a
body of salt water, including land which is separated from other
land by a body of water or a marsh system. Beaches extend from
the mean low-water line landward to the dune line, coastal bank
line, or the seaward edge of existing man-made structures, when
these structures replace one of the above lines, whichever is
closest to the ocean.
Bogs - areas where standing or slowly running water is near
or at the surface during a normal growing season and where a
plant community has a significant portion of the ground or water
surface covered with Sphagnum moss (Sphagnum) and where the plant
community is made up of a significant portion of one or more, but
not limited to nor necessarily including all, of the following
plants or groups of plants: aster (Aster nemoralis), azaleas
(Rhododendron canadense and R. viscosum), bog cotton
(Eriophorum), cranberry (Vaccinium macrocarpon), high-bush
blueberry (Vaccinium corymbosum), laurels (Kalmia augustifolia
and K. polifolia), leatherleaf (Chamaedaphne calyculata), orchids
(Arethusa, Calopagon, Pagonia), pitcher plants (Sarracenia
purpurea), sedges (Cyperaceae), sundews (Droseracae), and sweet
gale (Myrica gale).
Bordering - touching at any point.
Boundary - the boundaries of an area subject to protection
under the By-law.
Building Upon - construction of any kind of structure,
whether on land or in water; placing of obstructions or objects
in water (other than boats, moorings, fish or shellfish traps,
pens or trays used in conjunction with aquaculture, or aids to
navigation) .
By-law - Chapter 136 of the Code of Nantucket Bylaws
entitled "Wetlands".
Certificate of Compliance (Nantucket) - a written
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.determination by the Commission that the proposed work or portion
thereof has been completed as required by a Permit.
Coastal Engineering Structure - any bulkhead, revetment,
seawall, rip-rap, groin, jetty, artificial seaweed, plastic
sheeting, or other structure intended to prevent or alleviate
storm damage, tidal action, wave action, littoral flow, or
erosion.
Coastal Wetland - any bank, beach, dune, estuary, marsh,
swamp, meadow, flat, or other lowland subject to tidal action or
coastal storm flowage.
Commission or Conservation Commission - Nantucket
Conservation Commission as a body of members lawfully appointed
pursuant to M.G.L. c. 40 s. 8c.
Conditions - those requirements set forth in a written
Permit issued by the Commission for the purpose of permitting,
regulating, or prohibiting any activity that alters an area
subject to protection under the By-law.
Creek - the same as a stream.
Date of Issuance - the date a permit, determination, or a
certificate of compliance is mailed, as evidenced by a postmark,
or the date it is hand delivered.
Department - Massachusetts Department of Environmental
Quality Engineering (DEQE).
Determination of Applicability (Nantucket) - a written
finding by the Commission as to whether the By-law is applicable
to any area or work thereon, as permitted in Section l36-3D of
the By-law.
Dredge - to deepen, widen, or excavate, either temporarily
or permanently.
Dune - any natural hill, mound or ridge of sediment landward
of a coastal beach deposited by wind action or storm overwash.
Coastal dune also means sediment deposited by artificial means
and serving the purpose of storm damage prevention or flood
control.
Erosion Control - the prevention or reduction of the
detachment or movement of soil or rock fragments by water, wind,
ice, and/or gravity.
Estuary - any area or partially enclosed coastal body of
water where fresh and salt water meet and mix and where tidal
effects are evident.
Existing - begun or completed prior to the effective date of
these regulations.
Extension Permit - a written extension of time within which the
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authorized activity shall be completed, as permitted by Section
136-4B of the By-law.
Fill - to deposit any material so as to raise an elevation,
either temporarily or permanently.
Fisheries - shall mean all species of fresh and saltwater
finfish including the nutrient sources and the habitat in which
they live all or part of their life cycle.
Flat - any nearly level part of a shoreline or coastal beach
which usually extends from the extreme low-water line landward to
the more steeply sloping face of a coastal beach or bank. The
flat may be separated from the beach by land under the ocean. The
sediment making up a tidal flat is usually, but not necessarily,
a fine-grained material.
Flood Control - the prevention or reduction of flooding and
flood damage.
Freshwater Wetland - a wet meadow, freshwater marsh, swamp,
bog, pond, lake, creek, or stream; an area of low topography
where ground water, flowing water, standing surface water, or ice
provides a significant part of the supporting substrate for a
plant community for at least five months of the year; emergent
and submergent plant co~munities in inland waters; that portion
of any bank which touches any inland waters.
Ground Water - water below or seeping from the earth's
surface in the zone of saturation.
Interests Protected by the By-law - the wetland values
either singly or collectively specified in Section 136-2 of the
By-law.
Lake - same as Pond.
Land Subject to Coastal Storm Flowage - land subject to any
inundation caused by coastal storms up to and including that
caused by the 100-year storm, surge of record, or storm of
record, whichever is greater.
Land Subject to Flooding - an area of low, flat topography;
or a depression or basin either 1) hydrologically directly
connected with a water body, extending from the banks or the
upland edge of the vegetated wetlands surrounding this water
body, or 2) an isolated depression or basin which on the average
at least every five years confines standing water over an area of
at least 1,000 square feet as observed under conditions of
average rainfall. The boundary of Land Subject to Flooding which
is hydrologically directly connected to a water body is the
estimated lateral extent of the flooding, which shall be based on
the 100-year storm event during a year of average rainfall, or by
actual record if that is higher.
Marsh (Freshwater) - areas where a plant community exists in
standing or running water during the growing season and where a
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significant part of the plant community is composed of, but not
limited to nor necessarily including all, the following plants or
groups of plants: arums (Araceae), bladder worts (Utricularia),
bur reeds (Sparganiaceae), button bush (Cephlanthus
occidentalis), cattails (Typha), duck weeds (Lemnaceae), eelgrass
(Vallisneria), frog bits (Hydrocharitaceae), horsetails
(Equisetaceae), hydrophilic grasses (Graminae), leatherleaf
(Chamaedaphne calyculata), pickerel weeds (Pontederiaceae),
pipeworts (Eriocaulon), pond weeds (Pontederiaceae), rushes
(Juncaceae), sedges (Cyperaceae), smartweeds (Polygonum), sweet
gale (Myrica gale), water milfoil (Haloragaceae), water lilies
(Nympheacea), water starworts (Callitrichaceae), or water willow
(Decodon verticillatus).
Marsh (Saltwater) - a coastal wetland that extends from the
ocean landward up to the highest spring tide line, and where a
significant part of the plant community is composed of, but not
limited to nor necessarily including all, the following plants or
groups of plants: salt meadow cord grass (Spartina patens); salt
marsh cord grass (Spartina alterniflora); spike grass (Distichlis
spicata) Sea Lavender (Limonium nashii); Seaside Plantagao
(Plantago juncoides); Aster (Aster subulatus); Sea-Blite (Suaeda
maritima); Black-grass (Juncus gerardi); Samphire (Salicornia
europaea); Glasswort (S. begelovii); Reed (Phragmites communis),
Saltmarsh Bulrush (Scirpus robustus); or Cattails (Typha spp.).
Meadows - areas where ground water is at the surface for
a significant part of the growing season and near the surface
throughout the year and where a significant part of the plant
community is composed of various grasses, sedges, and rushes,
made up of, but not limited to nor necessarily including all of
the following plants or groups of plants: blue flag (Iris),
vervain (Verbena), thoroughwort (Eupatorium), dock (Rumex), false
loosestrife (Ludwigia), hydrophilic grasses (Graminae),
loosestrife (Lythrum) , marsh fern (Dryopterus thelypteris),
rushes (Juncacea), sedges (Cyperaceae) sensitive fern (Onoclea
sensibilis), smartweed (Polygonum), or Jewelweed (Impatiens
capensis) .
MEPA - the Massachusetts Environmental Policy Act, H.G.L.
c. 30, sec.s 62-62H and the regulations promulgated pursuant
thereto, 301 CMR 10.00 et seq.
Nantucket Notice of Intent - (NNOI) - the written
application filed by any person intending to alter an Area
Subject to Protection Under the Nantucket Wetlands By-law, as
described in Section 136-3C of the By-law.
Nantucket Request for Determination of Applicability -
(NRDA) - the written request filed by any person seeking the
Commission's determination as to whether the By-law applies to
any area or work thereon.
Notice of Intent - the written notice filed by any person
intending to alter an Area Subject to Protection under the
Massachusetts Wetlands Protection Act, M.G.L. c.131 s.40.
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Permit - the document issued by the Commission containing
conditions which regulate or prohibit an activity under the
By-law.
Pollution - contamination of land, or surface or ground
water with materials not normally present in those waters or with
elevated levels of naturally occurring materials.
Pond - any open body of fresh or salt water, either
naturally occurring or man-made by impoundment, which is never
without standing water due to natural causes except during
periods of extended drought and the land under the water body.
Basins or lagoons which are part of waste water treatment plants
shall not be considered ponds, nor shall swimming pools or other
impervious man-made retention basins.
Private Water Supply - any source or volume of surface or
ground water to be in any private use or demonstrated to have a
potential for private use.
Public Water Supply - any source or volume of surface or
ground water demonstrated to be in public use for drinking water
or fire protection, or approved for water supply pursuant to
M.G.L. c. Ill, s. 160 by the Division of Water Supply of the DEQE
or demonstrated to have a potential for public use as a drinking
water supply or for fire protection.
Recreation - activities of individuals done for relaxation
carried out in resource areas of this By-law which include but are
not limited to swimming, picnicking, walking, hunting, fishing,
and boating.
Remove - to take away any type of material including
vegetation, or thereby changing an elevation, either temporarily
or permanently.
River - same as Stream.
Shellfish - means the following species: Bay scallop
(argopecten irradians); Blue mussel (Mytilus edulis); Ocean
quahog (Arctica islandica); Oyster (Crassostrea virginica);
Quahog (Mercenarai merceneria); Razor clam (ensis direcctus); Sea
clam (Spisola soldissma); Sea scallop (Placopecten magellamicus);
Soft shell clam (Mya arenaria); lobster (homarus americanus) and
blue crabs (callinectes sapidus).
Storm Damage Prevention - the prevention of damage caused by
water from storms, including but not limited to: erosion and
sedimentation; damage to vegetation, property, or buildings; or
damage caused by flooding, waterborne debris, or waterborne ice.
Stream - a body of running water, and the land under the
water, including brooks, creeks, and man-made water courses,
which moves in a definite channel in the ground due to hydraulic
gradient. A portion of a stream may flow through a culvert, pipe
or beneath a bridge. A stream may be intermittent (i.e., does
not flow throughout the year).
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Structure - a combination of materials assembled at a fixed
location to give support or shelter such as a building,
framework, retaining wall, platform, bin, radio antenna mast, or
the like. Drainage basins, fences, signs and roads are not
structures. The word "structure" shall be construed, where the
context requires, as though followed by the words "or part or
parts thereof."
Swamps - areas where ground water is at or near the surface
of the ground for a significant part of the growing season or
where runoff water from surface drainage frequently collects
above the soil surface, and where a significant portion of the
plant community is made up of, but not limited to nor necessarily
including all, the following plants or groups of plants: alders
(Alnus), ashes (Fraxinus), azaleas (Rhododendron Canadense and R.
viscosum), black alder (Ilex verticillata), button bush
(Cephalanthus occidentalis), highbush blueberry (Vaccinium
corymbosum), poison sumac (Toxicodendron vernix), red maple (Acer
rubrum), sphagnum mosses (Sphagnum), black gum tupelo (Nyssa
sylvatica), sweet pepper bush (Clethra alnifolia), willow
(Salicaceae), and common reed (Phragmites communis).
Water Dependent Projects or Uses - projects which require
direct wetlands access for their intended use and therefore
cannot be located out of an Area Subject to Protection Under the
By-law. Examples include but are not limited to: docks, piers,
boat landings, boathouses, marinas, stairs to beaches, and
boardwalks over wetland vegetation. Projects which benefit from
wetlands access but which do not require it are not water
dependent uses. Examples include restaurants, dwellings, and
commercial enterprises servicing marine-related uses such as fish
markets, repair facilities, and ships' chandleries.
Wetland Scenic views - those areas which provide important
visual linkage for the public with scenic wetlands that are
vistas typical of the unique Nantucket environment. Scenic
wetlands include but are not limited to the following features:
expansive open space, large areas of natural features, placement
and sizing of both natural and man-made features, or mix of
colors and textures created by interactions among water, sand,
and different types of vegetation. Visual linkage for the public
is not restricted to views from public ways, but also views from
areas used by the public, such as private and public conservation
land, dirt "moor" roads, major private ways intensively used by
the public, great ponds, beaches, Nantucket's harbors, and the
ocean.
wildlife - All non-domesticated mammals, birds, reptiles,
amphibians, fishes, or invertebrates which use an Area Subject to
Protection Under the By-law for any part of their life cycle.
Special consideration shall only be given to members of the class
Insecta if they are rare or endangered as defined by the
Massachusetts Natural Heritage Program or its successor, or if
they are a major food source of other wildlife, but not if the
insect species is determined by the Commission and the Board of
Health to constitute a pest whose protection under the By-law
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would be a risk to man at the proposed project site.
Work - all activities set forth in the By-law, Section 136-
3A, including altering, removing, filling, dredging or building
upon.
1.03 Procedures
A. Where the By-law states that the Commission is to receive a
request or notice, such request or notice shall be given in
writing to the Commission office, or in the case of emergency,
the request can be made directly to the Co~mission's chairperson.
B. Nantucket Notice of Intent (NNOI)
I. Any person who proposes to remove, fill, dredge, alter
or build upon any Area Subject to Protection Under the By-law
shall submit a Nantucket Notice of Intent (NNOI) and other
application materials in accordance with the submittal
requirements set forth on the NNOI form.
2. The Commission may accept plans filed with a Notice of
Intent under the Wetlands Protection Act, M.G.L. c. 131 s. 40, as
plans under this By-law. The NNOI shall be filed concurrently
with a Notice of Intent under the Wetlands Protection Act.
3. When a person filing an application is other than the
owner, the findings and decision of the Commission shall be sent
by the Commission to the owner as well as to the person filing
the application, and the applicant shall supply the Commission
with the name and current address of the owner.
4. The Commission shall give a NNOI the same file number as
the accompanying Notice of Intent record from the D.E.Q.E.
5. In the event that only part of the work proposed lies
within an Area Subject to Protection Under the By-law, all
aspects of the work shall be briefly described on the NNOI form.
C. Public Hearings by Conservation Commission
I. The Co~mission in an appropriate case may combine its
hearing under the By-law with the hearing conducted under the
Wetlands Protection Act, M.G.L. 131, s.40.
2. When a person filing an NNOI is not the owner, notice
of the time and place of a hearing shall be given to the owner,
by the Commission at the address supplied to the Commission by
the applicant.
3. Any changes in the plans or the proposed work made by
the applicant during the course of the public hearings, shall be
made in writing and shall be filed by the applicant with the
Commission. Such changes must be filed prior to the close of the
public hearings on that NNOI.
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~. Extensions of Permits
1. The Commission may extend a Permit as provided by the
By-law Section l36-4B.
2. The Commission shall not deny a request for an extension
unless it finds by a preponderance of the evidence anyone of the
followi ng :
a. No work has begun on the project; unless the
failure to begin work is due to an unavoidable delay in obtaining
other necessary state or municipal approvals, permits or
variances, such as in the event other approvals, permits or
variances are appealed;
b. New information, not available at the time the
Permit was issued, indicates that the Permit is not adequate to
protect the interests identified in the By-law;
c. Incomplete work is causing damage to the interests
identified in the By-law;
d. Work has been done in violation of the By-law,
these regulations or conditions in the Permit; or
e. The extension request is not timely. An extension
request shall be timely if received by the Co~mission for review
at a normally scheduled meeting of the Commission prior to the
expiration date of the Permit.
3. If issued, an Extens ion' Perm i t shall be signed by a
majority of the Commission.
E. Nantucket Certificates of Compliance
I. Upon written request by the applicant, a Nantucket
Certificate of Compliance shall be issued by the Commission
within 21 days of receipt thereof, and shall certify that the
conditions required by the Permit as of the date of the
application for a Nantucket Certificate of Compliance have been
completed in compliance with the Permit. If issued by the
Commission, the Certificate of Compliance shall be signed by a
majority of the Co~mission.
2. Prior to the issuance of a Certificate of Compliance,
the Commission may make a site visit, in the presence of the
applicant or, if the applicant so desires, in the presence of the
applicant's agent.
F. Waivers of Requirements
1. The Commission may, in its discretion for good cause
shown, grant waivers from the operation of one or more of these
regulations pursuant to this section. Such waivers are intended
to be granted only in rare and unusual cases, and shall be
granted only in accordance with the provisions of this section.
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A waiver may be granted only for the following reasons and
upon the following conditions:
a. The Commission may grant a waiver from these
regulations and impose such additional or substituted
requirements as it deems necessary, upon a clear and
convincing showing by the applicant that: 1) there are
no reasonable conditions or alternatives that would
allow the project to proceed in compliance with the
regulations; 2) the project, or its natural and
consequential effects, will not have any adverse effect
upon any of the Interests Protected by the By-law. It
shall be the responsibility of the applicant to provide
the Commission with any information which the
Commission may in writing request in order to enable
the Commission to ascertain such adverse effects. The
failure of the applicant to furnish any information
which has been so requested shall result in the denial
of a request for a waiver pursuant to this subsection.
b. The Commission may grant a waiver from these
regulations when it is necessary to avoid so
restricting the use of the property as to constitute an
unconstitutional taking without compensation. If an
application for a waiver pursuant to this subsection is
received by the Commission, the Commission may request
an opinion from Town Counsel as to whether the
application of these regulations to a particular case
will result in such a taking without compensation.
c. The Commission may impose additional conditions in
granting a permit pursuant to this Section, including
imposing limits on project size or effect or requiring
other compensatory measures, such as wetland
replication.
1.04 Severability and Invalidity
The invalidity of any section of these regulations shall not
invalidate any other section or provision, nor shall it
invalidate any permit or determination which previously has been
issued.
1.05 Effective Date
The effective date of these regulations shall be the date on
which these regulations are approved by vote of the Conservation
Commission. These regulations shall apply to all NNOI or NRDA's
filed after that date.
The effective date of these regulations is February 25, 1988.
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Part II - Regulations for Coastal Wetlands
2.01 Land Under the Ocean
A. Characteristics and Protected Interests
1. The Co~mission finds that regulations applicable to
activities involving land under the ocean are necessary and
proper for the following reasons:
Land under the ocean provides feeding areas, spawning and
nursery grounds and shelter for many coastal organisms related to
marine fisheries and wildlife. Destruction of eelgrass beds
(Zostera marina) will harm scallop production. Nearshore areas,
and in some cases offshore areas, of land under the ocean help
reduce storm damage, erosion, and flooding by diminishing and
buffering the high energy effects of storms. Submerged sand bars
dissipate wave energy. Such areas provide a source of sediment
for seasonal rebuilding of coastal beaches and dunes. The bottom
topography and sediment type of nearshore areas of land under the
ocean is critical to erosion control, storm damage protection,
and flood control. Water circulation and flushing rates,
distribution of sediment grain size, water quality (including but
not limited to turbidity, temperature, nutrients, pollutants,
salinity, and dissolved oxygen), and the habitat of wildlife,
finfish, and shellfish are all factors critical to the protection
of wildlife and marine fin and shell fisheries. Land under the
ocean in an unobstructed state is important to recreational
swimming, fishing, and shellfishing, to recreational boating and
sailing, and to commercial fishing and shellfishing.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon
land under the ocean, the Commission shall find that such land is
significant to the protection of the following interests: flood
control, erosion control, storm damages prevention, fisheries,
shellfish, wildlife and recreation. These findings may be
overcome only upon a clear showing that the Land Under the Ocean
does not play a role in protecting one or more of the interests
given above and only upon a specific written determination to
that effect by the Commission.
2.01
B.
When Land Under the Ocean is Determined to be Significant to
an Interest Protected by the By-law, the following
regulations shall apply:
1. Improvement and maintenance dredging for navigational
purposes shall be designed and carried out using the best
available measures as determined by the Commission so as to have
the least possible adverse effects or changes in marine
productivity caused by changes in, or resulting from suspension
or transport of pollutants, sediment transport, smothering of
bottom organisms, accumulation of pollutants by organisms,
destruction of habitat or nutrient source areas, or changes in
water circulation and water quality. Dredging, particularly
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improvement dredging, shall also use such best available measures
to minimize adverse effects caused by changes in bottom
topography resulting in an increase in height and velocity of
waves hitting the shore or in changes in sediment transport which
affect natural replenishment of beaches or maintenance of
channels.
2. Construction of residential piers shall be accomplished
as determined by the Commission so as not to change shoreline
movement of sediments, harm significant shellfish resources,
obstruct commercial shellfishing, or obstruct the reserved public
rights of fishing, fowling, navigation, or passage. No solid
fill piers shall be permitted.
3. Construction of commercial piers shall not affect
sediment transport, and shall not destroy or pollute fisheries
and shellfish habitat or nutrient source areas for those
resources. No solid-fill piers shall be permitted.
4. Best available measures as determined by the Commission
shall be used to minimize adverse effects of a commercial or
residential pier on the interests protected by the By-law.
5. Aquaculture projects shall be undertaken pursuant to
such means as may be established by the Commission so as to have
the least possible adverse effect on wildlife, erosion control,
storm damage prevention, flood control, recreation or public
access. No destruction of habitat or areas where shellfish feed,
or change in water quality or circulation in any manner which
adversely affects productivity of marine fisheries or shellfish
beds shall be permitted.
6. No new bulkheads or coastal engineering structures shall
be permitted. Existing bulkheads may be repaired or reconstructed
in a location similar to the existing location and only to its
original length, if it is protecting an existing house.
Bulkheads may be rebuilt only if the Commission determines there
is no environmentally better way to control an erosion problem,
including in appropriate cases the moving of the threatened
building.
7. Water dependent projects shall be designed and performed
so as to cause no adverse effects on wildlife, erosion control,
marine fisheries, shellfish beds, storm damage prevention, flood
control, and recreation.
8. No activity on land under the ocean which is not water
dependent shall be permitted by the Co~mission, except activity
allowed pursuant to a waiver from these regulations, as set
forth in Section 1.03F.
9. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected By the By-
law.
12
.2.02 Coastal Beaches (and Tidal Flats)
A. Characteristics and Protected Interests
l. The Commission finds that regulations applicable to
activities involving coastal beaches and tidal flats are
necessary and proper for the following reasons:
Coastal beaches dissipate wave energy by their gentle slope,
their permeability, and their granular nature which permit
changes in beach form in response to changes in wave conditions.
Coastal beaches serve as a sediment source for dunes and subtidal
areas. Steep storm waves cause beach sediment to move offshore,
resulting in a gentler beach slope and greater energy
dissipation. Less steep waves cause an onshore return of beach
sediment, where it will be available to provide protection
against future storm waves. A coastal beach at any point serves
as a sediment source for coastal areas downdrift from that point.
The oblique approach of waves moves beach sediment alongshore in
the general direction of wave action. Thus the coastal beach is
a body of sediment which is moving along the shore. Coastal
beaches serve the purpose of storm damage prevention, erosion
control, and flood control by dissipating wave energy, by
reducing the height of storm waves, and by providing sediment to
supply other coastal features, including coastal dunes, land
under the ocean, and other coastal beaches. Interruptions of
these natural processes by man-made structures reduce the ability
of the coastal beach to perform these functions. Tidal flats are
important to the protection of marine fisheries because they
provide habitats for marine organisms, such as polycheate worms
and mollusk, which in turn are food sources for fish. Tidal
flats are also sites where organic and inorganic materials are
entrapped and then returned to the photosynthetic zone of the
water column to support algae and other primary producers of the
marine food web. Coastal beaches and flats serve as important
habitats for a wide variety of wildlife. They are used in
particular by coastal birds for feeding areas and nesting sites.
The natural erosional and depositional cycles, sediment grain
size, water quality (including but not limited to turbidity,
temperature, nutrients, pollutants, salinity, and dissolved
oxygen) and circulation, and elevation of the land surface are
all features of wildlife habitat which are critical
characteristics for the protection of wildlife. Characteristics
of coastal beaches and flats which are critical to the protection
of marine fisheries and shellfish include: distribution of
sediment grain size, movement of sediment, water quality
(including the characteristics given above) and circulation, and
beach relief and elevation. Characteristics of coastal beaches
and flats which are critical to storm damage prevention, erosion
control, or flood control include sediment volume and form, their
ability to respond to wave action, natural erosional and
depositional cycles, and wave intensities. Characteristics of
coastal beaches and flats which are critical to recreation are
topography, sediment grain size, water quality (including the
characteristics given above), water circulation rates and
patterns, unobstructed access along shore, natural erosional and
dispositional cycles, and wave intensity. Characteristics of
13
.coastal beaches which are critical to wetland scenic views are
natural erosion and deposition cycles, relief and elevation,
sense of openness and solitude. Land within 100 feet of a
coastal beach or tidal flat is considered to be important to the
protection and maintenance of coastal beaches and tidal flats,
and therefore to the protection of the wetland values which these
areas contain.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon a
coastal beach or flat, the Commission shall find that the beach
or flat is significant to the protection of the following
interests: flood control, erosion control, storm damage
prevention, fisheries, shellfish, wildlife, recreational and
wetland scenic views. These findings may be overcome only upon a
clear showing that the beach or flat does not play a role in
protecting one or more of the interests given above and upon only
a specific written determination to that effect by the
Commission.
2.02
B.
When a Coastal Beach, Tidal Flat or Land within lOa feet
of a Coastal Beach or Tidal Flat is determined to be
significant to an Interest Protected by the By-law, the
following regulations shall apply:
I. The provisions of Section 2.01B (1-8) (Land Under the
Ocean) shall apply to coastal beaches and tidal flats.
2. No new bulkheads or coastal engineering structures shall
be permitted. Existing bulkheads may be repaired or reconstructed
in a location similar to the existing location and only to its
original length, if it is protecting an existing house. Bulkheads
may be rebuilt only if the Commission determines there is no en-
vironmentally better way to control an erosion problem, including
in appropriate cases the moving of the threatened building.
3. Dredging projects in flats must be done in accordance
with such procedures as the Commission determines would disturb
the absolute minimum amount of habitat possible.
4. No fill shall be placed on a coastal beach or within 25
feet of a coastal beach. If a project is water dependent, the
Commission may allow limited placement of fill after making a
written finding that there is no feasible way to avoid filling
the beach or within 25 feet of it. All possible mitigation
measures shall be taken as determined by the Commission to limit
the adverse effects of the fill.
5. No part of any septic system shall be placed in shifting
sands or on a coastal beach. The septic leach facility shall be
at least 100 feet from the spring high tide line.
6. All work
maintain at least
a coastal beach.
shall be at least
on projects which are not water dependent shall
a 25-foot natural undisturbed area adjacent to
All structures which are not water dependent
50 feet from a coastal beach.
14
7. In areas of eroding shoreline, the distance from all
buildings to the coastal beach shall be at least 20 times the
average annual shoreline erosion or 100 feet, whichever is the
lesser. The average annual shoreline erosion rate shall be
determined by averaging the annual erosion over a 150-year period
ending the date the NNOI was filed, or if no NNOI was filed, the
date construction began. If erosion data is not available for
the 150-year period, the Commission shall determine the average
annual erosion rate from such lesser time period for which
erosion data is available.
8. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected By the By-
law.
2.03 Coastal Dunes
A. Characteristics and Protected Interests
1. The Commission finds that regulations applicable to
activities involving coastal dunes are necessary and proper for
the following reasons:
Coastal dunes aid in storm damage prevention, erosion
control, and flood control by supplying sand to coastal beaches.
Coastal dunes protect inland coastal areas from storm damage and
flooding by storm waves and elevated sea levels because such
dunes are higher than the coastal beaches which they border.
Vegetated cover contributes to the growth and stability of
coastal dunes by providing conditlons favorable to sand
deposition. On retreating shorelines, the ability of coastal
dunes bordering a coastal beach to move landward at the rate of
shore-line retreat allows these dunes to maintain their form and
volume. Characteristics of coastal dunes which are critical for
storm damage prevention, flood control, and erosion control
include: ability of dune to erode and change in response to
coastal beach conditions; dune volume, sediment grain size, and
slope; dune form which can change with wind and natural water
flow; amount, continuity, and density of vegetative cover; and
ability of dune to move landward or laterally. Coastal dunes are
important habitats for a wide variety of wildlife, particularly
birds for feeding and nesting areas. Amount of vegetation, dune
height and slope, sediment grain size, and degree of isolation
from human-caused disturbances are all features of dunes which
are critical characteristics for the protection of wildlife.
Characteristics of coastal dunes which are critical to wetland
scenic views are dune form, slope, elevation, size of dunefield,
proportion and scale of dunes in relationship with other land
forms. Land within 100 feet of a coastal dune is considered to
be significant to the protection and maintenance of coastal
dunes, and therefore to the protection of the wetland values
which these areas contain.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon a
coastal dune, the Commission shall find that the dune is
15
.significant to the protection of the following interests: flood
control, erosion control, storm damage prevention, wildlife, and
wetland scenic views. These findings may be overcome only upon a
clear showing that the dune does not playa role in protecting
one or more of the interests given above and only upon a specific
written determination to that effect by the Commission.
2.03
B. When a Coastal Dune or Land within 100 feet of a Coastal
Dune is determined to be significant to an Interest
Protected by the By-law, the following regulations shall
apply:
1. No coastal revetments or coastal engineering structures
of any type shall be constructed, rebuilt or repaired.
2. All projects which are not water dependent shall
maintain at least a 2S-foot natural undisturbed area adjacent to
a coastal dune. All structures which are not water dependent
shall be at least 50 feet from a coastal dune.
3. No excavation or disturbance of vegetative cover shall
be allowed on a coastal dune unless the area is completely
restored, replanted, and stabilized to its original form and
volume.
4. Fill may be used only if the Commission authorizes its
use and only if such fill is to be used for beach and dune
nourishment projects.
5. No part of any septic system shall be placed in shifting
sands or on a coastal dune. The septic leach facility shall be
at least 100 feet from the spring high-tide line.
6. Any activity allowed on a coastal dune or within 100
feet of a dune shall be restricted to such activity that is
determined by the Coromission not to have any adverse effect on
the dune by altering the ability of waves to remove sand from or
deposit sand on a dune; by disturbing vegetative cover in a
manner sufficient to destabilize the dune; by causing any
modification of the dune form and slope which would increase the
potential for erosion, storm or flood damage; by interfering with
landward or lateral movement of the dune; or by causing the rate
of sand removal to increase through manmade means or structures.
7. No activity shall be permitted, other than the
maintenance and repair of a structure existing on the effective
date of these regulations, that will result in construction of a
building upon a coastal dune or within 50 feet of any coastal
dune.
8. Any pedestrian walkways must be designed as determined
by the Commission so as to minimize disturbances of vegetative
cover.
9. In areas of eroding shoreline, the distance from all
buildings to the coastal dune shall be at least 20 times the
16
.average annual shorelin~ erosion or 100 feet, whichever is the
lesser. The distance from all buildings to the coastal dune
shall be at least 20 times the average annual shoreline erosion
or lOa feet, whichever is the lesser. The average annual
shoreline erosion rate shall be determined by averaging the
annual erosion over a 150-year period, ending the date the NNOI
was filed, or if no NNOI was filed, the date construction began.
If erosion data is not available for the 150-year period, the
Commission shall determine the average annual erosion rate from
such lesser time for which erosion data is available.
10. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected By the By-
law.
2.04 Barrier Beaches
A. Characteristics and Protected Interests
1. The Commission finds that regulations applicable to
activities involving barrier beaches are necessary and proper for
the following reasons:
Barrier beaches protect landward areas from flooding and
erosion because they provide a buffer to storm waves and to sea
levels elevated by storms. Barrier beaches protect from wave
action such highly productive areas as salt marshes, estuaries,
lagoons, harbors, salt ponds, and freshwater marshes and ponds,
which are in turn important to fisheries and shellfish. Barrier
beaches are maintained by the aloDgshore movement of beach
sediment caused by wave action. The coastal dunes, beaches, and
tidal flats of a barrier beach are made up of sediment supplied
by wind action, storm wave overwash, and tidal inlet deposition.
Barrier beaches in Massachusetts undergo a landward or alongshore
migration caused by the landward and alongshore movement of
sediment by wind, storm waves, and tidal current processes. The
continuation of these processes maintains the volume of the
landform which is necessary to carry out its storm and flood
buffer functions. The ability of barrier beaches to respond to
wave action, including storm overwash sediment transport, is
critical to the protection of the wetlands values of barrier
beaches. The Characteristics and Protected Interests of Coastal
Beaches, set forth in 2.02A of these Regulations and the
Characteristics and Protected Interests of Coastal Dunes, set
forth in Section 2.03A also apply to Barrier Beaches.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon a
barrier beach, the Commission shall find that the barrier beach
is significant to the protection of the following interests:
flood control, erosion control, storm damage prevention,
fisheries, shellfish, wildlife, recreation, and wetland scenic
views. Barrier beaches shall be found significant to private
water supply and ground water if there are existing houses with
wells on or near the barrier beach or if the barrier beach abuts,
creates, or protects a swamp, freshwater marsh, or pond. These
findings may be overcome only upon a clear showing that the
17
barrier beach does not play a role in protecting one or more of
the interests given above and only upon a specific written
determination to that effect by the Commission.
2.04
B. When a Barrier Beach or Land within 100 feet of a Barrier
Beach is determined to be significant to an Interest
Protected by the By-law, the following regulations shall
apply:
1. No coastal revetments or coastal engineering structures
of any type shall be constructed, rebuilt, or repaired.
2. Fill may be used only if the Commission authorizes its
use and only if such fill is to be used for beach and dune
nourishment projects.
3. No septic systems or buildings shall be constructed on a
barrier beach. Buildings which pre-exist these regulations may be
maintained and repaired.
4. Engineering structures (such as pipes) for the
controlled release of water from a saltwater or freshwater pond
behind a barrier beach may be constructed, using such procedures
as the Commission determines are the best available measures,
through or over a barrier beach. Design of said structures shall
be accomplished as determined by the Commission to minimize the
adverse effect on the barrier beach and in no way to prevent the
continuation of the natural processes on a barrier beach,
particularly by not disrupting of the barrier beach's sediment
source, ability to move, and natural storm wave overwash.
s. Excavation of sand around existing houses may be
permitted, but no new projects shall be permitted which will
require periodic sand removal for maintenance. All disturbed
areas (including blowouts) shall be stabilized through planting
of vegetation. The evacuated sand must be retained in the area
and be a part of the barrier beach.
6. Vehicular access for existing houses or for
recreational use shall be unpaved roads and shall be done in
accordance with such procedures as the Commission determines will
minimize any adverse effect on the barrier beach.
7 .
permitted
restored,
volume.
No excavation or disturbance of vegetation shall be
on a barrier beach unless the area is completely
replanted, and stabilized to its original form and
8. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected By the By-
law.
18
~.05 Coastal Banks
A. Characteristics and Protected Interests
1. The Commission finds that regulations applicable to
activities involving coastal banks are necessary and proper for
the following reasons:
Coastal banks composed of unconsolidated sediment and
exposed to wave action serve as a major source of sediment for
other coastal landforms, including beaches, dunes, and barrier
beaches. The supply of sediment is removed from banks by wave
action. It is a naturally occurring process necessary to the
continued existence of coastal beaches, coastal dunes, and
barrier beaches. These areas dissipate storm wave energy, thus
protecting structures and coastal wetlands landward of them from
storm damage, erosion, and flooding. Coastal banks, because of
their height and stability, may act as a buffer or natural wall,
which protects upland areas from storm damage, erosion, and
flooding. While erosion caused by wave action is an integral
part of shoreline processes and furnishes important sediment to
downdrift landforms, erosion of a coastal bank by wind and rain
runoff, which plays only a minor role in beach nourishment,
should not be increased unnecessarily. Disturbances to a coastal
bank which reduce its natural resistance to wind and rain erosion
cause cuts and gullies in the bank, and decrease its value as a
buffer. Vegetation tends to stabilize a coastal bank and reduce
the rate of erosion due to wind and rain runoff. Undisturbed,
vegetated areas along banks are critical to reducing wind and
rain erosion from the top of the panko A particular coastal bank
may serve both as a sediment source and as a buffer or it may
serve only one role. Coastal banks provide habitat for wildlife,
particularly nesting birds. Characteristics of coastal banks
which are critical to wildlife are bank steepness, height,
stability, and soil grain size and compaction.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon a
coastal bank, the Co~mission shall find that the bank is
significant to the protection of the following interests: flood
control, erosion control, storm damage prevention, scenic views,
and wildlife. These findings may be overcome only upon a clear
showing that the coastal bank does not play a role in protecting
one or more of the interests given above and only upon a specific
written determination to that effect by the Commission.
2.05
B. When a Coastal Bank or Land within 100 feet of Coastal Banks
is determined to be significant to an Interest Protected by
the By-law, the following regulations shall apply:
1. No new bulkheads, coastal revetments, groin, or other
coastal engineering structures shall be permitted. Existing
bulkheads, revetments, and groins may be repaired or
reconstructed in a location similar to the existing location and
only to its original length, if it is protecting an existing
house. Bulkheads and groins may be rebuilt only if the
19
'. .
~
Commission determines there is no environmentally better way to
control an erosion problem, including in appropriate cases the
moving of the threatened building.
2. Piers shall be constructed using procedures determined
by the Commission to be the best available measures to minimize
adverse effects on Interests Protected by the By-law.
3. All projects shall be restricted to activity as
determined by the Commission to have no adverse effect on bank
height, bank stability, or the use of a bank as a sediment
source.
4. Elevated walkways designed not to affect bank vegetation
shall be required for pedestrian passage over a bank.
5. All projects which are not water dependent shall
maintain at least a 25 foot natural undisturbed area adjacent to
a coastal bank. All structures which are not water dependent
shall be at least 50 feet from a coastal bank.
6. The septic leach facility of a septic system shall be at
least 100 feet, measured horizontally, from the spring high tide
line.
7. In areas of eroding shoreline the distance from all
buildings to the coastal bank shall be at least 20 times the
average annual shoreline erosion or 100 feet, whichever is the
lesser. The distance from all buildings to the coastal bank
shall be at least 20 times the average annual shoreline erosion
or 100 feet, whichever is the lesser. The average annual
shoreline erosion rate shall be determined by averaging the
annual erosion over a ISO-year period ending the date the NNOI
was filed, or if no NNOI was filed, the date construction began.
If erosion data is not available for the ISO-year period, the
Commission shall determine the average annual erosion rate from
such lesser time period for which erosion data is available.
8. All permits issued for the construction of buildings
under the By-law within 100 feet landward of the top of a coastal
bank shall contain the specific condition that no coastal
engineering structure of any kind shall be permitted on an
eroding bank in the future to protect the project allowed by this
permit, except those coastal engineering structures allowed by a
waiver issued pursuant to Section 1.03F of these regulations.
9. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected By the By-
law.
2.06 Salt Marshes
A. Characteristics and Protected Interests
1. The Commission finds that regulations applicable to
activities involving salt marshes are necessary and proper for the
following reasons:
20
A salt marsh produces large amounts of organic matter. A
significant portion of this material is exported as detritus and
dissolved organics to estuarine and coastal waters, where it
provides the basis for a large food web that supports many marine
organisms, including finfish and shellfish. Salt marshes also
provide spawning and nursery habitat for several important
estuarine forage finfish. Salt marsh plants and substrate remove
pollutants from surrounding waters. The network of salt marsh
vegetation roots and rhizomes bind sediments together. The
sediments absorb chlorinated hydrocarbons and heavy metals such
as lead, copper and iron. The marsh also helps retain nitrogen
and phosphorus compounds which can cause algal blooms and changes
in ocean plankton and plant communities, particularly eelgrass.
The underlying peat serves as a barrier between fresh groundwater
landward of the marsh and the ocean, thus helping to maintain the
level of the groundwater. Salt marsh cord grass and underlying
peat are resistant to erosion and dissipate wave energy, thereby
providing a buffer that reduces wave damage and coastal erosion.
A salt marsh is an important feeding area for many types of fish
and aquatic and terrestrial wildlife. The marsh, including its
creeks and open water, also provide important shelter for many
aquatic and migratory birds. Marshes help absorb pollutants, but
there is a careful balance of nutrient and pollutant input which
if exceeded will result in accumulation of pollutants and/or
changes in the marsh community. Because the marsh is the basis
for such a large food web, bioaccumulation of pollutants and
toxins can mean that relatively low levels of pollutants may be
detrimental. Some of the characteristics of salt marshes which
are critical to their health and ability to protect wetland
values include: the growth, composition, and distribution of
salt marsh vegetation; the amount of flow and level of both tidal
and fresh water; the water quality (including but not limited to
turbidity, temperature, nutrients, pollutants, salinity, and
dissolved oxygen), of both tidal and fresh water; the presence
and depth of peat; rate of marsh productivity; and the diversity
of the animals and plants making up the marsh community. Salt
marshes provide excellent areas for bird watching, canoeing, and
hunting.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon a
salt marsh, the Commission shall find that the salt marsh is
significant to the protection of the following interests:
groundwater, erosion control, storm damage prevention, water
pollution prevention, fisheries, shellfish, wildlife, recreation,
and wetland scenic views. These findings may be overcome only
upon a clear showing that the salt marsh does not playa role in
protecting one or more of the interests given above and only upon
a specific written determination to that effect by the
Commission.
21
.2.06
B. When a Salt Marsh or Land within 100 feet of a Salt Marsh
is determined to be significant to an Interest Protected by
the By-law, the following regulations shall apply:
1. Salt marshes shall not be filled.
2. Salt hay may be harvested from a salt marsh only if
performed in a manner which does not disturb the marsh substrate.
3. No proposed project in a salt marsh, or in lands within
lOa feet of a salt marsh, shall destroy any portion of the salt
marsh, change species composition of the marsh, have an adverse
effect on salt marsh productivity, pollute the salt marsh, or
adversely affect water quality.
4. All projects which are not water dependent shall
maintain at least a 25-foot natural undisturbed area adjacent to
a saltmarsh. All structures which are not water dependent shall
be not closer than 50 feet from a salt marsh.
5. The septic leach facility of a septic system shall be at
least lOa feet from the salt marsh.
6. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected By the By-
law.
2.07 Salt Ponds
A. Characteristics and Protected Interests
1. The Commission finds that regulations applicable to
activities involving salt ponds are necessary and proper for the
following reasons:
Salt Ponds provide excellent habitat for marine fisheries.
The high productivity of plants and phytoplankton provides food
for shellfish, crustaceans, and juvenile fish. The bottom
sediments and shallow water are excellent areas for many
bivalves. The ponds also serve as spawning and nursery areas for
crabs and fish. The productivity of salt ponds and the food web
they support provides ideal habitat for many types of wildlife,
particularly various ducks and shore birds. The enclosed nature
of the ponds also provides shelter for wildlife. Salt ponds and
the area around them provide the public many recreational
opportunities including: shellfishing, fishing, sailing,
swimming, hunting, and wildlife observation. Because of their
semi-enclosed nature, salt ponds are sensitive to pollution or
nutrient inputs. These inputs can change the plant and animal
species composition of the pond, and thus can be detrimental to
fish, shellfish, and wildlife. Bioaccumulation through food webs
can also create dangerous levels of pollutants or toxins for
wildlife and humans. Characteristics of salt ponds which are
critical to various wetland values include water circulation,
distribution of sediment grain size, amount of freshwater and
saltwater inflow, productivity of plants, and water quality
22
(including but not limited to amounts of dissolved oxygen,
nutrients, temperature, turbidity, pollutants, and salinity).
Land within lOO feet of a salt pond is considered to be
significant to the protection and maintenance of a salt pond and
the land beneath it and therefore to the protection of the
wetlands values of the pond.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon a
salt pond, the Commission shall find that the salt pond is
significant to the protection of the following interests:
fisheries, shellfish, wildlife, recreation, and wetland scenic
view. These findings may be overcome only upon a clear showing
that the salt pond does not playa role in protecting one or more
of the interests given above and only upon a specific written
determination to that effect by the Commission.
2.07
B. When a Salt Pond or Land within lOO feet of a Salt Pond is
determined to be significant to an Interest Protected by
the By-law, the following regulations shall apply:
l. The work shall be done in accordance with procedures
determined by the Commission to have no adverse effect on
wildlife, fisheries, shellfish or existing water quality and so
as not to pollute the pond or alter the critical characteristics
of salt ponds.
2. All projects which are not water dependent shall
maintain at least a 25-foot natur~l undisturbed area adjacent to
a salt pond. All structures which are not water dependent shall
be at least 50 feet from a salt pond.
3. The septic leach facility of a septic system shall be at
least lOO feet from the salt pond.
4. Projects designed to enhance a particular fishery or
shellfish shall be designed in accordance with such procedures as
the Commission determines will minimize adverse ecological
effects on the salt pond, including adverse effects on plants and
animals which are not the species targeted for management. If
such management projects have adverse effects on any of the
Protected Interests of the By-law, such projects shall be
permitted only pursuant to a waiver, as set forth in Section
l.03F of these regulations.
5. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected by the By-
law.
2.08 Land Containing Shellfish
A. Characteristics and Protected Interests
l. The Coromission finds that regulations applicable to
activities involving land containing shellfish are necessary for
the following reasons:
23
Shellfish are one of the Interests Protected by the By-
law. Land containing shellfish is found within many of the areas
protected by this By-law. In addition to the regulations for
those resource areas as given above in these regulations, this
section discusses additional protection for shellfish. Land
obtaining shellfish is important to the protection of marine
fisheries in addition to the protection of shellfish. Shellfish
on Nantucket are a very important recreational and commercial
natural resource. Scallops, in particular, are an important
economic resource on Nantucket. Shellfish used as a human food
resource, as they are on Nantucket, need very clean,
uncontaminated water, since they have the ability to concentrate
very low levels of pollutants. Shellfish are a valuable
renewable resource. The maintenance of productive shellfish beds
not only assures the continuance of shellfish themselves but also
plays a direct role in supporting fish stocks by providing a
major food source. Characteristics of land containing shellfish
which are critical to the protection of shellfish include, but
are not limited to: water circulation patterns, rates of water
flow, and amounts of water; the relief, elevation, distribution,
grain size, and pollutant load of the sediments; and water
quality (including turbidity, temperature, pollutants, nutrients,
salinity, and dissolved oxygen).
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon
land containing shellfish or the water over land containing
shellfish, the Commission shall find that the land containing
shellfish is significant to the p~otection of the following
interests: shellfish, fisheries, and recreation. These findings
may be overcome only upon a clear showing that land containing
shellfish does not playa role in protecting one or more of the
interests given above and only upon a specific written
determination to that effect by the Co~mission.
2.08
B. When a Land Containing Shellfish or Land within 100 feet of
Land Containing Shellfish is determined to be significant to
an Interest Protected by the By-law, the following
regulations shall apply:
1. Projects shall not change water quality (including but
not limited to changes in turbidity, temperature, salinity,
dissolved oxygen, and additional nutrients and pollutants), water
circulation, or natural drainage from adjacent land.
2. Land containing shellfish shall not be compacted by
vehicular traffic or other means. The land's elevation and
sediment grain size shall also not be altered.
3. Projects shall not obstruct the ability of the public to
gather shellfish recreationally or the ability of commercial
fishermen to harvest shellfish.
4. Any project which will release pollutants shall use such
procedures as the Co~mission determines to utilize the best known
24
technology to remove pollutants or prevent risk of pollution.
5. All septic leach facilities shall be at least 100 feet
from land containing shellfish.
6. No project detrimental to scallops shall be permitted,
except activity allowed pursuant to a waiver from these
regulations, as set forth in Section 1.03F.
7. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected by the By-
law.
2.09 AnadromousjCatadromous Fish Runs, Banks along Fish Runs, and
Lands Under Fish Runs.
A. Characteristics and Protected Interests
l. The Commission finds that regulations applicable to
activities involving fish runs are necessary and proper for the
following reasons:
Fisheries are one of the Protected Interests under the By-
law, section 136-2. Anadromous and Catadromous fish are
renewable protein resources that provide recreational and
commercial benefits. In addition, throughout their life cycle
such fish are important components of freshwater, estuarine, and
marine environments and are food sources for other organisms.
Fish runs provide habitats for other fish and shellfish.
Characteristics of fish runs which are critical to the protection
of anadromousjcatadromous fish include: accessibility and
location of spawning and nursing grounds, volume and rate of
water flow in both migratory and spawning areas, and water
quality (including turbidity, temperature, pollutants, nutrients,
salinity, and dissolved oxygen).
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon a
fish run the Commission shall find that the fish run is
significant to the protection of the following interests:
fisheries, wildlife, and recreation. These findings may be
overcome only upon a clear showing that the fish run and the land
under a fish run does not playa role in protecting one or more
of the interests given above and only upon a specific written
determination to that effect by the Commission.
2.09
B. When a Fish Run or Land within lOO feet of a Fish Run is
determined to be significant to an Interest Protected by
the By-law, the following regulations shall apply:
1. Proposed projects shall not be permitted to fill a fish
run, impede the migration of fish, or change the volume, rate or
quality of water flow in a fish run.
2. Proposed projects shall not use procedures which the
Commission determines are detrimental to spawning or nursery
25
habitats necessary to sustain the various life stages of the
fish.
3. All projects which are not water dependent shall
maintain at least 25-foot natural undisturbed area adjacent to a
fish run. All structures which are not water dependent shall be
at least 50 feet from a fish run.
4. The septic leach facility of a septic system shall be at
least 100 feet from the fish run.
5. All work in a fish run shall be prohibited between March
15th and June 15th in any year.
6. All projects, including road maintenance, shall use
procedures as the Commission determines will minimize the
siltation of a fish run.
7. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected By the By-
law.
2.10 Land Subject to Coastal Storm Flowage
A. Characteristics and Protected Interests
1. The Commission finds that regulations applicable to
activities involving land subject to coastal storm flowage are
necessary and proper for the following reasons:
Land subject to coastal storm flowage (the coastal
floodplain) buffers and protects upland areas from severe storm
conditions. Since the floodplain contains areas where the water
table is close to the surface (as well as other wetland resource
areas) pollutants in a flood plain, including contents of septic
systems and fuel tanks, may affect private water supply,
groundwater quality, wildlife, fisheries and shellfish during a
storm. Direct and collateral damage to man-made structures in
the floodplain are caused by wave impacts and inundation by
floodwaters and storm driven debris. Protecting lives and
property in floodplains during a storm can be expensive to the
Town of Nantucket and unsafe for its police, fire, and medical
personnel involved in such efforts. Desires of property owners
to protect themselves from the effects of storms can lead to
pressure on the Town and its regulatory bodies to erect
engineering structures in wetlands which can have detrimental
effects on wetland values.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon
on land subject to coastal storm flowage, the Commission shall
find that the land is significant to the protection of the
following interests: flood control, erosion control, and storm
damage prevention. These findings may be overcome only upon a
clear showing that land subject to coastal storm flowage does not
play a role in protecting one or more of the interests given
above and only upon a specific written determination to that
26
. effect by the Commission.
2.10
B.
When a Land Subject to Coastal Storm Flowage or Land within
100 feet of Land Subject to Coastal Storm Flowage is
determined to be significant to an Interest Protected by
the By-law, the following regulations shall apply:
Specific resource areas that lie within the area of land
subject to coastal storm flowage, and the wetland values they
protect, are otherwise addressed elsewhere in these regulations.
The regulations concerning those areas are additional to the
regulations set forth in this section.
1. The work shall not reduce the ability of the land to
absorb and contain floodwaters, or to buffer inland areas from
flooding and wave damage.
2. Projects shall not cause ground, surface or salt water
pollution triggered by coastal storm flowage. All septic tanks
and leach facilities shall be outside the 100 year flood plain.
3. All private underground fuel tanks shall be outside
the 100 year flood plain. Commercial tanks shall be outside the
100 year flood plain, or if the Commission determines this is not
practicable, the commercial tanks shall be secured so they cannot
float loose.
4. Building upon areas subject to coastal storm flowage in
locations where such structure would be subject to storm damage
shall not be permitted.
5. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected By the By-
law.
27
Part III - Regulations for Inland Wetlands
3.01 Inland Banks and Beaches
A. Characteristics and Protected Interests
1. The Commission finds that regulations applicable to
activities involving inland banks and beaches are necessary and
proper for the following reasons:
Banks are areas where ground water discharges to the surface
and where, under some circumstances, surface water recharges the
ground water. Where banks are partially or totally vegetated,
the vegetation serves to maintain the Bank's stability, which in
turn protects water quality by reducing erosion and siltation.
Banks act to confine floodwaters during most storms, preventing
the spread of water to adjacent land. Alterations which permit
water to frequently and consistently spread over a larger and
more shallow area increase the amount of land routinely flooded
and elevate water temperatures. Land within 100 feet of a bank
is likely to be significant to the protection and maintenance of
the bank, and therefore to the protection of the interests which
these resource areas serve to protect. Banks may provide shade
that moderates water temperatures as well as providing breeding
habitat, escape cover and feeding areas, all of which are
important for the protection of fish. Banks may also help channel
water and thus maintain a water depth which helps keep the water
temperatures cool in warm weather, thus providing habitat
necessary for both fish and the food sources for fish. Inland
banks may act as a sediment source for inland beaches. By
confining floodwaters, banks decrease the erosion of topsoil from
adjacent land surfaces and help prevent flood and storm damage to
buildings and roads. Confining floodwaters also decreases water
pollution by preventing floodwaters from mixing with many
contaminants found on roads, near and in dwellings, from
fertilized soil, and from septic tanks. Banks may provide
nesting habitat for some species of birds. Banks and
particularly beaches provide wildlife and human access to water
bodies.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon
an inland bank or beach, the Commission shall find that the bank
or beach is significant to the protection of the following
interests: groundwater, flood control, erosion control, storm
damage prevention, water pollution, fisheries, scenic views, and
wildlife. These findings may be overcome only upon a clear
showing that the inland bank or beach does not play a role in
protecting one or more of the interests given above and only upon
a specific written determination to that effect by the
Commission.
28
.3.01
B. When an Inland Bank and Beach or Land within 100 feet of an
Inland Bank and Beach is determined to be significant to an
Interest Protected by the By-law, the following regulations
shall apply:
1. Projects shall be permitted only where no adverse effect
exists on bank stability, ground water and surface water quality,
the water carrying capacity of an existing channel within a bank,
bank height, and the capacity of the bank to provide habitat for
fisheries and/or wildlife.
2. Elevated walkways designed not to affect bank vegetation
shall be required for pedestrian passage over an inland bank.
(but not an inland beach which is gently sloping).
3. All projects which are not water dependent shall
maintain at least a 25-foot natural undisturbed area adjacent to
an inland bank or beach. All structures which are not water
dependent shall be at least 50 feet from an inland bank or beach.
4. The septic leach facility of a septic system shall be at
least 100 feet from the seasonal high water line of the water
body.
5. No structure of any kind shall be permitted on an
eroding bank to protect any building built pursuant to a permit
granted after the effective date of these regulations.
6. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected By the By-
law.
3.02 Vegetated Wetlands (Meadows, Marshes, Swamps, and Bogs)
A. Characteristics and Protected Interests
1. The Commission finds that regulations applicable to
activities involving vegetated wetlands are necessary and proper
for the following reasons:
The plant communities, soils, and associated low, flat
topography of vegetated wetlands remove or detain sediments,
nutrients (such as nitrogen and phosphorous) and toxic substances
(such as heavy metal compounds) that occur in run-off and flood
waters. Some nutrients and toxic substances are retained for
years in plant root systems or in the soils. Others are held by
plants during the growing season and released as the plants decay
in the fall and winter. This latter phenomenon delays the effect
of nutrients and toxins until the cold weather period, when the
release of these materials is less likely to reduce water
quality. Vegetated wetlands are areas where ground water
discharges to the surface and where, in some circumstances,
surface water discharges to the ground water. The profusion of
vegetation and the low, flat topography of vegetated wetlands
slow down and reduce the passage of flood waters during periods
of peak flows by providing temporary flood water storage, and by
29
. facilitating water removal through evaporation and transpiration.
This reduces downstream flood crests, erosion, and resulting
damage to private and public property. During dry periods the
water retained in vegetated wetlands is essential to the
maintenance of base flow levels in streams or into the
groundwater which in turn is important to the protection of water
quality, water supplies, and wildlife. Wetland vegetation
provides shade that moderates water temperatures important to
fish life. Vegetated wetlands that are always wet or that are
flooded by adjacent water bodies and waterways provide food,
breeding habitat and cover for fish. Fish populations in the
larval stage are particularly dependent upon food provided by
these wetlands since they provide large quantities of microscopic
plant and animal food material. Wetland vegetation provides
habitat for a wide variety of insects, reptiles, amphibians,
mammals and birds. Many of these, particularly insects, are food
sources for fish. Vegetated wetlands, together with land within
100 feet of a vegetated wetland, serve to moderate and alleviate
thermal shock and pollution resulting from runoff from impervious
surfaces which may be detrimental to wildlife, fisheries, and
shellfish downstream of the vegetated wetland. The maintenance
of base flows by vegetated wetlands is significant to the
maintenance of a proper salinity ratio in estuarine areas
downstream of the vegetated wetland. A proper salinity ratio, in
turn, is essential to the ability of shellfish to spawn
successfully, and therefore to provide for the continuing
procreation of shellfisheries. A proper salinity ratio is also
important for many species of fish. Vegetated wetlands are
excellent places for birdwatching and hunting. Some vegetated
wetlands, particularly bogs, provide habitat for rare plants and
animals. Vegetated wetlands along pond edges can prevent erosion
by wind driven waves. Land within 100 feet of a vegetated
wetland is considered to be significant to the protection and
maintenance of vegetated wetlands, and therefore to the
protection of the interests which these resource areas serve to
protect.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon a
vegetated wetland, the Commission shall find that the vegetated
wetland is significant to the protection of the following
interests: public and private water supply, groundwater, flood
control, erosion control, storm damage prevention, water
pollution, fisheries, shellfish, wildlife, scenic views, and
recreation. These findings may be overcome only upon a clear
showing that the vegetated wetland does not play a role in
protecting one or more of the interests given above and only upon
a specific written determination to that effect by the
Commission.
3.02
B. When a Vegetated Wetlands or Land within 100 feet of a
Vegetated Wetlands is determined to be significant to an
Interest Protected by the By-law, the following regulations
shall apply:
1. Proposed projects which are not water dependent shall
30
."
maintain at least a 25-foot natural undisturbed area adjacent to
vegetated wetlands. All structures which are not water dependent
shall be at least 50 feet from a vegetated wetland.
2. Proposed projects shall not use procedures that the
Commission determines changes the flood protection function
(leveling out of storm surges by storing and slowly releasing
water) of vegetated wetlands by significantly changing the rate
of water flow through the wetlands (by channelization or other
means) .
3. No permit shall be issued which authorizes the
destruction of well-established old growth forested swamps (red
maple swamps). The Commission may authorize the excavation of
other vegetated wetlands to create ponds or clear the edge of a
pond if the project is designed to increase wildlife habitat
diversity and to minimize groundwater or surface water loss.
4. The septic leach facility of a septic system shall be
at least lOa feet from the vegetated wetland.
5. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected Under the By-
law.
3.03 Inland Water Bodies - Creeks, Streams, Ponds, Ditches or Flats
A. Characteristics and Protected Interests
I. The Commission finds that regulations applicable to
activities involving inland water bodies are necessary and proper
for the following reasons:
Where land under water bodies is composed of pervious
material, such land represents a point of exchange between
surface and ground water. Depending upon the hydrological
conditions and water levels at a given point in time, these areas
may serve as exchange or discharge points, or both, with
groundwater. An area may serve as recharge area at one season
and a discharge point at another time. This allows pollutants
and nutrients easy access into private wells or the general
groundwater supply. The physical nature of land under water
bodies is highly variable, ranging from deep organic and fine
sedimentary deposits to gravel and large rocks. The organic
soils and sediments play an important role in the process of
detaining and removing dissolved and particulate nutrients from
the surface water above. These also serve as traps for toxic
substances (such as heavy metal compounds). Land under water
bodies in conjunction with banks serve to confine floodwater
within a definite channel during the most frequent storms.
Filling within this channel blocks flows which in turn causes
backwater and overbank flooding during such storms. An
alteration of land under water bodies that causes water to
frequently spread out over a larger area at lower depth increases
the amount of property which is routinely flooded. Additionally,
it results in an elevation of water temperature and decrease in
31
. .
habitat in the main channel, both of which are detrimental to
fisheries, particularly during periods of warm weather and low
flows. It may also flood waterfowl nesting sites which otherwise
would not be disturbed. Land under ponds and lakes is vital to a
large assortment of warm water fish during spawning periods.
Species such as large-mouth bass (Micropterus salomoides),
smallmouth bass (Micropterus dolomieui), blue gills (Lepomis
macrochirus), pumpkinseeds (Lepomis gibbosus), black crappie
(pomoxis nigromaculatus), and rock bass (Ambloplites rupestris)
build nests on the lake and bottom substrates within which they
shed and fertilize their eggs. Land within 100 feet of any bank
abutting land under a water body is significant to the protection
of the interests which these water bodies serve to protect.
Characteristics of water bodies which are critical to wildlife
and fisheries include water circulation and flushing rates,
distribution of sediment grain size, water quality (including
amounts of dissolved oxygen, nutrients, and pollutants). Leaving
ponds and the land bordering ponds in an unobstructed state may
be important to recreational swimming, fishing, and boating.
Water bodies and the area around them also provide other
recreational opportunities such as hunting and wildlife
observation. Cattail borders or other vegetated borders of large
ponds are important in reducing shoreline erosion and storm
damage by dissipating the high energy of storm waves and by
anchoring the sediments. Water bodies provide important feeding
and/or drinking areas for many types of aquatic wildlife, birds
and animals. Ponds and other water bodies produce insects which
hatch and are used as food by several species of birds,
particularly swallows. Ducks, geese, swans, and herons all use
water bodies and surrounding bord~rs for feeding, shelter, and/or
nesting areas. Many other birds, animals, reptiles and
amphibians use land under water bodies, water bodies,and the
borders of water bodies for various parts of their life cycles.
Changes in sediments, water quality, water level, or species
composition of food sources or groundcover may be detrimental to
any of the above wildlife. Ponds and the land surrounding them
often form important wetland scenic views. The enclosed area and
limited size of most fresh water bodies on Nantucket make them
particularly sensitive to pollution or nutrient inputs. These
inputs can change the plant and animal species composition of the
water body and thus can be detrimental to fish and wildlife.
Bioaccumulation of pollutants through food webs can also create
dangerous levels of pollutants or toxins for wildlife and humans.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon
water bodies or the land beneath them, the Cowmission shall find
that the water bodies and the land beneath them are significant
to the protection of the following interests: public and private
water supply, ground water, flood control, erosion control, storm
damage prevention, water pollution, fisheries, wildlife, scenic
views, and recreation. These findings may be overcome only upon
a clear showing that the water body or the land beneath it does
not playa role in protecting one or more of the interests given
above and only upon a specific written determination to that
effect by the Commission.
32
~
.
.'
3.03
B.
When an Inland Water Body or Land within 100 feet of an
Inland Water Body is determined to be significant to an
Interest Protected by the By-law, the following regulations
shall apply:
1. No proposed project shall use procedures that the
Commission determines have an adverse effect on wildlife or
fisheries, or alter the critical characteristics of an inland
water body.
2. Proposed projects which are not water dependent shall
maintain at least a 25-foot natural undisturbed area adjacent to
land under a water body. All structures which are not water
dependent shall be at least 50 feet from land under a water body.
3. The septic leach facility of a septic system shall be at
least 100 feet from the water body. Septic leach facilities
shall be separated from each other by 200 feet if the lot
containing one of them contains a water body or fronts on a water
body and the septic location is within the jurisdiction of this
By-law.
4. There shall be no filling of a water body, except as
allowed pursuant to a waiver from these regulations as set
forth in Section 1.03F.
5. Boat piers shall be:
I) designed to accommQdate one boat~
2) on pilings and not longer than 30 feet~
3) constructed so that the piers and the landing area
do not disturb more than 350 square feet of pond
or pond bottom and bordering vegetation in the
pond~ and
4) constructed using those procedures that the
Commission determines to be the best available
measures to minimize adverse effects on Interests
Protected by the By-law.
6. Clearing of cattails and other vegetation within a pond
shall be permitted only by use of such procedures as the
Commission determines will not harm the shoreline protection
function of the vegetation. Such projects shall be permitted
only in accordance with procedures that the Commission determines
shall minimize turbidity, changes in water quality, and adverse
changes in wildlife and fish habitat.
7. The Commission may impose such additional requirements
as are necessary to protect the Interests Protected Under the By-
law.
33
~
. 4
.
. 3.04 Land Subject to Flooding (both Bordering and Isolated
Areas)
A. Characteristics and Protected Interests
1. The Commission finds that regulations applicable to
activities involving land subject to flooding is necessary and
proper for the following reasons:
Bordering land subject to flooding provides a temporary
storage area for flood water which has overtopped the bank of the
main channel of a creek, river, or stream or the basis of a pond
or lake. During periods of peak run-off, flood waters are both
retained (i.e-. slowly released through evaporation and
percolation) and detained (slowly released through surface
discharge). Over time, incremental filling of these areas causes
displacement of flooding effects and increases in the extent and
level of flooding by eliminating flood storage volume or by
restricting flows, thereby causing increases in damage to public
and private properties. Pollutants or contaminants located on
bordering land subject to flooding may be washed into surface
waters and from there into ground water, or percolate directly
into ground water. Sources of pollutants within these areas thus
have widespread effect on Interests Protected by the By-law.
Bordering land subject to flooding provides an important source
of microscopic plant and animal material which enriches the
nearby water body and can serve as the basis for a food web which
supports many fish or wildlife. Bordering land provides
important wildlife habitat and wildlife access to surface water
resources. Bordering land subject to flooding is often low and
level and thus helps prevent erosion of soil into water bodies by
surface water run-off. The topography and location of bordering
land subject to flooding is critical for protection of flood
control capabilities. Isolated land subject to flooding provides
a temporary storage area where run-off and high ground water
collect and slowly evaporate or percolate into the ground. These
areas, even though often small, are usually numerous and thus
very important in preventing more serious flooding somewhere
else. Filling causes lateral displacement of ponded water or
increased run-off onto contiguous properties, which may result in
damage to those properties or others which were not previously
affected as much. The additive nature of the flood protection
provided by these isolated areas and the fact that filling one
may redirect water so as to radically change watershed sizes
means that small changes in one area may have large effects in
another area. Isolated land subject to flooding helps prevent
erosion by breaking up watersheds so that run-off does not become
so great as to have enough force to erode soil. Areas where the
isolated land subject to flooding is pervious are likely to serve
as significant recharge points to the ground water aquifer.
Contaminations in the area may find easy access into ground water
and neighboring wells. Isolated land subject to flooding which
is covered by a mat of organic peat or muck may help remove
contaminants before the flood water enters the ground water.
Isolated land subject to flooding may provide important habitat
for amphibians, particularly during their breeding period, and
34
It\'
r
,>:>
.
..
some rare plants. It may also provide important habitat for
several species of birds, including ducks.
2. For the foregoing reasons, whenever a proposed project
involves removing, filling, dredging, altering or building upon
land subject to flooding, the Commission shall find that the land
is significant to the protection of the following interests:
private water supply, ground water, flood control, erosion
control, and water pollution. These findings may be overcome
only upon a clear showing that land subject to flooding does not
playa role in protecting one or more of the interests given
above, and only upon a specific written determination to that
effect by the Co~mission.
3.04
B. Hhen an Isolated Land Subject to Flooding or Land within 100
feet of Isolated Land Subject to Flooding is determined to
be significant to an Interest Protected by the By-law, the
following regulations shall apply:
1. Work on isolated wetlands and small ponds are subject
to the regulations set forth in Section 3.03 (Ponds) and Section
3.02 (Vegetated Wetlands).
2. Projects on land subject to flooding shall be permitted
only in connection with such procedures determined by the
Commission as not having the effect of reducing the ability of
the land to absorb and contain flood waters.
3. If such a site is available on the applicant's land,
all septic tanks and leach facilities shall be located outside
the 100 year flood plain.
4. Underground fuel oil or gasoline tanks, or tanks
designed to hold any hazardous substances, shall not be permitted
on land subject to flooding.
5. Proposed projects shall employ such safeguards as
determined by the Commission to preclude ground water or surface
water pollution triggered by flooding.
6. The Commission may require compensating or greater flood
storage capacity in the same watershed if it permits any filling
of land subject to flooding, and all filling of areas subject to
flooding shall be strictly minimized. Except as stated in the
preceeding sentence, no proposed projects shall be permitted to
displace or direct flood waters, through fill or other means, to
other areas.
7. Proposed projects in land subject to flooding shall use
such procedures as the Commission determines will minimize their
effect on wildlife.
8. The Commission may impose such additiona~
as are necessary to protect the Interests Protected
~ ~ o<-J~/y/~
~~~
requirements
By the By-
35
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