HomeMy WebLinkAboutwetlands protection regulations - 1994
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WETLAND PROTECTION REGULATIONS
TOWN OF NANTUCKET CONSERVATION COMMISSION
Adopted February 25, 1988
Revised January 18, 1990
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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
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
ANADROMOUS / CATADROMOUS FISH RUNS, AND
THE BANKS ALONG FISH RUNS, AND LANDS
WHICH LIE UNDER FISH RUNS
LAND SUBJECT TO COASTAL STORM FLOWAGE
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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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 to be 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 the 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 the 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.
Adopted February 25, 1988
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Revised January 18, 1990
Bank (coastal) - the seaward face or side of any elevated
land form, other than coastal dune, which lies at the landward
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 break in slope above the relevant 100-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 or confines a water body. A bank may be partially or
totally vegetated, or it may comprise exposed soil, gravel, stone
or sand. The physical chacteristics 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
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 (Sphaqnum) 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 corvmbosum), laurels (Kalmia auqustifolia
and K. polifolia), leatherleaf (Chamaedaphne calvculata), orchids
(Arethusa, Calopaqon, Paqonia), pitcher plants (Sarracenia
purpurea), sedges (Cvperaceae), sundews (Droseracae), and sweet
gale (Mvrica qale).
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
Adopted February 25, 1988
Revised January 18, 1990
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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
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 - same as a stream.
Date of issuance - the date the 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
Protection, DEP (formerly 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 work thereon, as permitted in Section 136-3D 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
Adopted February 25, 1988
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Revised January 18, 1990
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 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 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 form 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 communities 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.
Adopted February 25, 1988
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Revised January 18, 1990
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Land Subject to Coastal Storm Flowage - land subject to any
inundation caused by coastal storms up to and including that
caused by the lOO-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 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
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 (Sparqaniaceae>, 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 (Polyqonum>, sweet
gale (Myrica qale>, water milfoil (Haloraqaceae>, 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
(Plantaqao juncoides>, aster (Aster subulatus), sea-blite (Suaeda
maritima>, black-grass (Juncus qerardi>, samphire (Salicornia
europaea>, glasswort (S. beqelovii >, reed (Phraqmites 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
Adopted February 25, 1988
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Revised January 18, 1990
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the following plants or groups of plants: blue flag (Iris),
vervain (Verbena), thoroughwort (Eupatorium), dock (Rumex), false
loosestrife (Ludwiqia), hydrophilic grasses (Graminae),
loosestrife (Lythrum), marsh fern (Dryopterus thelypteris),
rushes (Juncacea), sedges (Cyperaceae), sensitive fern (Onoclea
sensibilis), smartweed (Polyqonum>, or jewelweed (Impatiens
capensis) .
MEPA - the Massachusetts Environmental Policy Act, M.G.L. c.
30, sec.s 62-62H and 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 a 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.
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 private use or demonstrated to have a
potential for private use.
Project - a proposal to do work, or the performance of such
work; an undertaking.
Public Water Supply any source or volume of surface or
ground water demonstrated to be in public use for drinking water
Adopted February 25, 1988
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Revised January 18, 1990
or fire protection, or approved for water supply pursuant to
M.G.L. c. 111, s. 160 by the Division of Water Supply of the DEP
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
(Arqopecten irradians), blue Mussel (Mytilus edulis), ocean
quahog (Arctica islandica>, oyster (Crassostrea virqinica>,
quahog (Mercenarai merceneria>, razor clam (Ensis direcctus), sea
clam (Spisola soldissma), sea scollop (Placopecten maqellamicus>,
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, which includes 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).
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. II
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 ~
Adopted February 25, 1988
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Revised January 18, 1990
viscosum), black alder (Ilex verticillata), button bush
(Cephalanthus occidentalis), highbush blueberry (Vaccinium
corymbosum), poison sumac (Toxicodendron vernix), red maple (Acer
rubrum), sphagnum mosses (Sphaqnum), black gum tupelo (Nyssa
sylvatica), sweet pepper bush (Clethra alnifolia>, willow
(Salicaceae), and common reed (Phraqmites communis).
Water Dependent Projects or uses - projects which require
direct wetlands access for their intended use and therefore
cannot be located out of the 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
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
Adopted February 25, 1988
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Revised January 18, 1990
writing to the Commission office, or in the case of emergency,
the request can be made directly to the Commission's chairperson.
B. NANTUCKET NOTICE OF INTENT (NNOI)
1. 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 the NNOI the same file number
as the accompanying Notice of Intent from the D.E.P.
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
1. The Commission 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 a 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 hearing on that NNOI.
D. EXTENSIONS OF PERMITS
Adopted February 25, 1988
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Revised January 18, 1990
1. The Commission may extend a Permit as provided by the
By-law Section 136-4B.
2. The Commission shall not deny a request for an
extension unless it finds by a preponderance of the evidence
anyone of the following:
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 Commission for
review at a normally scheduled meeting prior to the
expiration date of the Permit.
3. If issued, an Extension Permit shall be signed by a
majority of the Commission.
E. NANTUCKET CERTIFICATES OF COMPLIANCE
1. 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 Commission.
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
Adopted February 25, 1988
1 1
Revised January 18, 1990
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.
2. 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 and 2) the project, or its natural and
consequential effects, will not have any adverse
effects 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 grant a waiver from these
regulations when the Commission finds that a project
will improve the natural capacity of a resource area to
protect the interests identified in the By-law,
provided any adverse effects on any such interests are
minimized by carefully considered conditions. However,
no such project may be permitted which could have an
adverse effect on rare wildlife species.
d. The Commission may impose additional conditions in
granting a permit pursuant to this Section, including
Adopted February 25, 1988
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Revised January 18, 1990
imposing limits on project size or effect or requiring
other compensatory measures, such as wetland
replication.
G.
FEES
1. The following fees, payable to the Town of Nantucket,
must be paid before the pertinent application can be accepted
by the Commission:
Request for Determination of Applicability $15.00
Notice of Intent (in cases where fees mandated by the
Commonwealth of Massachusetts do not apply) $25.00
Certificate of Compliance $10.00
2. When the Town or County of Nantucket is the applicant,
the fee will be waived.
H.
RECORDING OF DOCUMENTS
1. The following documents issued by the Commission are
required to be properly recorded in the Registry of Deeds or the
Land Court, within the chain of title of the affected property:
Determination, Order of Conditions, Extension Permit, Certificate
of Compliance.
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ADDITIONAL INFORMATION
In addition to information already required by the
Commonwealth of Massachusetts, the following information is
required with each Notice of Intent filed with the Commission:
Information to be shown on the plan, where applicable:
Property-identification information (as applicable):
Assessor's reference numbers [map, parcel(s)]
Book & page number of deed or Cert. of Title number
All relevant lot numbers from the recorded plan or
Land Court plan or plan file
All flags and stakes (see below) marked on plan and labeled
with numbers corresponding to site numbering.
- Title box: date; owner/prepared for; bar- scale.
- North arrow labeled.
Lot areas.
- Monumentation found/not found.
Appropriate engineer's stamp and signature.
- 2-foot-interval contours based on mean sea level.
100-year flood elevation.
Adopted February 25, 1988
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Revised January 18,
1990 I
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Proposed contours and amount of fill required.
High water mark for all water bodies, from best available
data.
SCS soils classification and soils stability data.
Highest groundwater elevations on site.
Trade names, constituents, application rates and
frequencies for any pesticides, fertilizers, dust
controllers, or de-icers to be used within a resource
area or buffer zone.
Construction details of drainage structures (catch basins,
swales, retention areas, ditches, etc.).
All wetlands, water bodies, banks, ditches capable of
carrying water.
100-foot radius from all wetlands.
- Top and toe of any coastal bank or inland bank, beach, or
dune boundary.
- Work limits and location of temporary erosion controls.
All above-ground structures, roadways, access ways, and
other physical alterations proposed. Identify roadway
ma t er i a I .
- All below-ground alterations and structures, including
utility lines, drainage structures, on-site septic
systems, wells, and storage tanks.
Dwellings labeled with number of bedrooms.
Distance of leaching facility to wetlands, watercourses, or
other resource area.
- Location, capacity, and design details of septic system.
Surface drainage directions and destinations.
Easements.
Zoning setbacks.
D.E.M. wetland restrictions.
All wells within 100 feet of any proposed septic system
On-site requirements to be in place before the field inspection,
where applicable:
Edges of wetlands within 100 feet of proposed work must be
flagged with numbered flags before the field
inspection.
Lot number must be posted on property.
House number must be visible if it is an existing house.
All proposed structures or additions, including decks, must
be staked for identification purposes at all corners.
Stakes must be red-flagged, numbered, and labeled.
Show building offsets.
- Property boundaries must be staked at all corners.
Septic tank and leaching field locations must be staked
with numbered and labeled stakes.
Failure to have the lot properly staked may result in non-
review and thus costly delay of project."
Adopted February 25, 1988
14
Revised January 18, 1990
Action on a project by the Commission will indicate that the
above requirements have met.
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.
APPROVED BY THE COMMISSION FEBRUARY 25, 1988
( REVISED JANUARY 18, 1990 )
Adopted February 25, 1988
15
Revised January 18, 1990
PART II - REGULATIONS FOR COASTAL WETLANDS
2.01 LAND UNDER THE OCEAN
A. Characteristics and Protected Interests
1. The Commission 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 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 damage prevention, fisheries,
shellfish, wildlife and recreation. These findings may be
overcome only upon clear showing that the Land Under the Ocean
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.
2.01
Adopted February 25, 1988
16
Revised January 18, 1990
B. When Land Under the Ocean is Determined to be
Significant to an Interest Protected by the By-law, the
following regulations 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
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 sediment, harm significant shellfish resource,
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
Adopted February 25, 1988
17
Revised January 18, 1990
erosion problem, including in appropriate cases the moving of the
threatened building.
7. Water dependant 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
dependant shall be permitted by the Commission, 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.
2.02
COASTAL BEACHES (and TIDAL FLATS)
A.
Characteristics and Protected Interests
1. 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 mollusks, which in
turn are food sources for fish. Tidal flats are also sites
Adopted February 25, 1988
18
Revised January 18, 1990
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
chacteristics for the protection of wildlife. Chacteristics
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
depositional cycles, and wave intensity. Characteristics of
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 playa 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 100
feet of a Coastal Beach or Tidal Flat is determined to be
Adopted February 25, 1988
19
Revised January 18, 1990
significant to an Interest Protected by the By-Law, the
following regulations shall apply:
1. 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 environmentally 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. Clean fill of similar grain size may be used on a
Coastal Beach but not on a Tidal Flat, only if the Commission
authorizes its use, and only if such fill is to be used for a
beach or dune nourishment project. 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 on projects which are not water dependent
shall maintain at least a 25-foot natural undisturbed area
adjacent to a coastal beach. All structures which are not water
dependent shall be at least 50 feet from a coastal beach.
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
determined by averaging the annual erosion rate 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.
Adopted February 25, 1988
20
Revised January 18, 1990
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 conditions
favorable to sand deposition. On retreating shorelines, the
ability of coastal dunes bordering a coastal beach to move
landward at a rate of shoreline 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 and 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 chacteristics 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
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
Adopted February 25, 1988
21
Revised January 18, 1990
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 25-foot natural undisturbed area adjacent to
a coastal dune. All structures which are not water dependant
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 Commission 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 d~sturbing 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 man-made 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 walkway 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
average annual shoreline erosion or 100 feet, whichever is the
Adopted February 25, 1988
22
Revised January 18, 1990
lesser. The distance from all buildings to the coastal dune
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 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 alongshore 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 wetlands
values of barrier beaches. The Characteristics and Protected
Interests of Coastal Beaches, set forth in Section 2.02A of
these regulations and Chacteristics 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:
Adopted February 25, 1988
23
Revised January 18, 1990
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 groundwater 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
barrier beach does not playa role in protecting one or more of
these interests given above and only upon 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 ant 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 or dune
nourishment projects.
3. No septic system 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 the barrier beach. Design of said structure
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.
5. 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 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.
Adopted February 25, 1988
24
Revised January 18, 1990
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.
as are
law.
The Commission may impose such additional requirements
necessary to protect the Interests Protected By the By-
2.05
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 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
it 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 bank. 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. Chacteristics of coastal banks
which are critical to wildlife are bank steepness, height,
stability, and soil 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 Commission shall find that the bank is
Adopted February 25, 1988
25
Revised January 18, 1990
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 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.
2.05
B. When a Coastal Bank or Land within 100 feet of a
Coastal Bank is determined to be significant to an Interest
Protected by the By-law, the following regulation 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
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 dependant
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 average annual shoreline erosion rate shall be
determined by averaging the annual erosion over 150-year period
ending the date the NNOI was filed, or if no NNOI was filed, the
Adopted February 25, 1988
26
Revised January 18, 1990
r--
date construction began.
the 150-year period, the
annual erosion rate from
is available.
If erosion data is not available for
Commission shall determine the average
such lesser time for which erosion data
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:
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 the sediments together. The sediments absorb
chlorinated hydrocarbons and heavy metals such as lead,
copper and iron. The marsh also helps retain nitrogen and
phosphorous 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 saltmarsh is an
important feeding area for many types of fish and aquatic and
terrestrial wildlife. The marsh, including its creeks and
open water, also provides important shelter for many aquatic
and migratory birds. Marshes help absorb pollutants, but
there is a careful balance of nutrients and pollutant input
which if exceeded will result in accumulation of pollutants
Adopted February 25, 1988
27
Revised January 18, 1990
and/or changes in the marsh community. Because the marsh is
the basis for such a large food web, bioaccumulations 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 saltmarsh 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,
canDeing, and hunting.
2. In view of the fDregoing, whenever a proposed project
invDlves remDving, filling, dredging, altering Dr building upon a
salt marsh, the CommissiDn shall find that the salt marsh is
significant tD the protection Df the following interests:
grDundwater, erDsion contrDI, storm damage preventiDn, water
pollution prevention, fisheries, shellfish, wildlife, recreation,
and wetland scenic views. These findings may be overCDme only
upon a clear showing that the salt marsh does nDt playa role in
prDtecting one or more of the interests given abDve and only upon
a specific written determination tD that effect by the
Commission.
B. When a Salt Marsh or Land within 100 feet of a Salt
Marsh is determined to be significant to an Interest
PrDtected by the By-law, the following regulations shall
apply:
1. Salt Marshes shall nDt be filled.
2. Salt hay may be harvested frDm a salt marsh only if
pe~fDrmed in a manner which dDes not disturb the marsh substrate.
3. No prDpDsed prDject in a salt marsh, Dr in lands within
100 feet Df a salt marsh, shall destrDY any pDrtiDn Df the salt
marsh, change species compositiDn Df the marsh, have any adverse
effect Dn salt marsh prDductivity, pDllute the salt marsh, Dr
adversely affect water quality.
4. All projects which are nDt water dependent shall maintain
at least a 25-fDDt natural undisturbed area adjacent to a salt
marsh. All structures which are not water dependant shall be not
closer than 50 feet from a salt marsh.
5. The septic leach facility of a septic system shall be at
least 100 feet frDm the salt marsh.
AdDpted February 25, 1988
28
Revised January 18, 1990
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 the
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
(including but not limited to amounts of dissolved oxygen,
nutrients, temperature, turbidity, pollutants, and salinity>.
Land within 100 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.
Adopted February 25, 1988
29
Revised January 18, 1990
2.07
B. When a Salt Pond of Land within 100 feet of a Salt Pond
is determined to be significant to an Interest Protected by
the By-law, the following regulations shall apply:
1. 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 natural 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 100 feet from a 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
1.03F 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
1. The Commission finds that the regulations applicable to
activities involving land containing shellfish are necessary for
the following reasons:
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 containing shellfish is important to the
protection of marine fisheries in addition to the protection
Adopted February 25, 1988
30
Revised January 18, 1990
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. Chacteristics 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 and 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 protection of the following
interests: shellfish, fisheries, and recreation. These findings
may be overcome only upon a clear and convincing 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 Commission.
2.08
B. When a Land Containing Shellfish or Land within 100
feet of Land C~ntaining 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.
Adopted February 25, 1988
31
Revised January 18, 1990
4. Any project which will release pollutants shall use
such procedures as the Commission determines to utilize the best
known 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
ANADROMOUS/CATADROMOUS FISH RUNS. BANKS ALONG FISH
RUNS. AND LANDS UNDER FISH RUNS.
A.
Characteristics and Protected Interests
1. 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 Interest 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. Chacteristics of fish runs which are critical
to the protection of anadromous/catadromous 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
Adopted February 25, 1988
32
Revised January 18, 1990
"
B. When a Fish Run or Land within 100 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 project shall not use procedures which the
Commission determines are detrimental to spawning or nursery
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 are 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.
as are
law.
The Commission may impose such additional requirements
necessary to protect the Interests Protected By the By-
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 floodplain, 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 flood waters and storm driven
Adopted February 25, 1988
33
Revised January 18, 1990
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 a detrimental effects on wetland
values.
2. In view of the foregoing, whenever a proposed project
involves removing, filling, dredging, altering or building upon
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 effect by the
Commission.
2.10
B.
When 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 flood waters, 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 located outside the 100-year
floodplain.
3. All private underground fuel tanks shall be outside the
100-year floodplain. Commercial tanks shall be outside the 100-
year floodplain, or if the Commission determines this is not
practicable, the commercial tanks shall be secured so that they
cannot float loose.
Adopted February 25, 1988
34
Revised January 18, 1990
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.
as are
law.
The Commission may impose such additional requirements
necessary to protect the Interests Protected By the By-
Adopted February 25, 1988
35
Revised January 18, 1990
. ,
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 groundwater discharges to the
surface and where, under some circumstances, surface water
recharges the groundwater. Where banks are partially or
totally vegetated, the vegetation serves to maintain the
Bank's stability, which in turn protect 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 flood
waters, 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 flood waters 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 playa role in
Adopted February 25, 1988
36
Revised January 18, 1990
\ .
protecting one or more of the interests given above and only upon
a specific written determination to that effect by the
Commission.
3.01
B. When a 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, groundwater 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).
9. 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.
as are
law.
The Commission may impose such additional requirements
necessary to protect the Interests Protected by the By-
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-
Adopted February 25, 1988
37
Revised January 18, 1990
"
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 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
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
source 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.
Adopted February 25, 1988
38
Revised January 18, 1990
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 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.
3.02
B. When a Vegetated wetland or Land within 100 feet of a
Vegetated Wetland 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
maintain at least a 25-foot natural undisturbed area adjacent to
vegetated wetlands. All structures which are not water dependant
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
(levellng 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 100 feet from the vegetated wetland.
5.
The Commission may impose such additional requirements
necessary to protect the Interests Protected Under the By-
as are
law.
3.03 INLAND WATER BODIES:CREEKS. STREAMS. PONDS. DITCHES OR FLATS
A.
Characteristics and Protected Interests
Adopted February 25, 1988
39
Revised January 18, 1990
1. 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 represent 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 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 large area at lower depth increases the amount of property
that is routinely flooded. Additionally, it results in an
elevation of water temperature and decrease in 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), small-mouth bass (Micropterus dolomieui), blue
gills (Lepomis macrochirus), pumkinseeds (Lepomis qibbosus),
black crappie (Pomoxis niqromaculatus), 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
Adopted February 25, 1988
40
Revised January 18, 1990
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
borders 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 the 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 Commission shall find
that 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.
3.03
B.
When an Inland Water Body or
Inland Water Body is determined to
Interest Protected by the By-law,
shall apply:
Land within 100 feet of an
be significant to an
the following regulations
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.
Adopted February 25, 1988
41
Revised January 18, 1990
2. Proposed projects which are not water dependent shall
maintain at least 25-foot natural undisturbed area adjacent to
land under 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:
1) designed to accommodate 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 the
Interests Protected by the By-law.
6. Clearing of cattails and other veqetation within a pond
shall be permittednnly 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.
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:
Adopted February 25, 1988
42
Revised January 18, 1990
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 runoff, 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 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 to 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 groundwater collect and slowly evaporate or percolate
into the ground. These areas, even though 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
and 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
groundwater aquifer. Contaminations in the area may find
easy access into groundwater 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
Adopted February 25, 1988
43
Revised January 18, 1990
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 protection of the following interests: private
water supply, ground water, flood control, erosion control, and
water pollution. These findings may be overcome upon a clear
showing that the 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
Commission.
3.04
B. When 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 is 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 floodplain.
4. Underground fuel oil or gasoline tanks, or tanks
designed to hold any hazardous substance, 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 preceding sentence, no proposed projects shall be
permitted to displace or direct flood waters, through fill or
other means, to other areas.
Adopted February 25, 1988
44
Revised January 18, 1990
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 additional requirements
as are necessary to protect the Interests Protected by the By-
law.
Adopted February 25, 1988
45
Revised January 18, 1990