Town of Nantucket, MA
Nantucket County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Nantucket 4-8-2008 by Art. 67, approved 8-18-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Protection of coastal areas and open spaces — See Ch. 66.

§ 67-1 Management of coastal properties owned by Town.

A. 
Moratorium. There shall be a temporary moratorium on the use of Town properties located along the eastern coastline of Nantucket from Great Point south to and including the Siasconset sewer beds (hereinafter "Town-owned coastal land") for new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, on Town-owned coastal land such that no new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, including extensions of new or enlarged coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, and the addition or creation of new appurtenant structures for existing coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like shall be hereafter constructed on Town-owned coastal land, except those coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, as may be lawfully existing or permitted by the Board of Selectmen prior to April 10, 2008 for Town-owned coastal land.
B. 
Maintenance of existing projects. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, on Town-owned coastal land as may be lawfully existing or permitted by the Board of Selectmen prior to April 10, 2008; provided, however, any land access needed in order to undertake the work to do such repair, maintenance, or replacement shall be with the written permission of all legal landowners, including the Town of Nantucket whose land is necessary for such access.
C. 
Limited pilot projects. Nothing herein shall prohibit the licensing by the Board of Selectmen and construction during the moratorium period of a limited pilot project for the installation at private expense of new coastal engineering structures by a private licensee within Town-owned coastal land, within one single project area not longer than 400 feet, including returns, in lateral measurement roughly parallel to the coastal bank; provided that the Board of Selectmen shall find that such project will likely provide scientific data and information which will be of benefit and assistance to the Town in developing a Coastal Management Plan, and will be in the public interest; and further provided that any license for such project shall be subject to such safeguards and conditions as the Board of Selectmen shall impose, including but not limited to the posting of security by the licensee for the maintenance and removal of the structures and the obtaining by the licensee of all necessary permits and approvals under the Massachusetts Wetlands Protection Act and the Nantucket Wetlands Protection Bylaw.
[Added 3-31-2012 ATM by Art. 61, approved 7-12-2012[1]]
[1]
Editor's Note: This article also redesignated former Subsection C as Subsection D.
D. 
Duration of moratorium. This moratorium shall remain in effect until the earlier of December 31, 2013, or such a date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established. This moratorium shall not prohibit emergency armoring measures necessary to protect public roads, public buildings, or other public assets from imminent destruction.
[Amended 4-5-2010 ATM by Art. 41, approved 8-5-2010]
E. 
Coastal land, leasing or licensing. Except as provided in Paragraph C, leasing or licensing any Town-owned coastal land for private erosion-control protection purposes shall be subject to approval by vote at an Annual or Special Town Meeting.
[Added 3-31-2012 ATM by Art. 65, approved 7-12-2012]