A. 
The Commission defines "exotic invasive plants" as nonnative species that have spread into native or minimally managed plant systems in Nantucket, causing economic or environmental harm by developing self-sustaining populations and becoming dominant and/or disruptive to those systems. On Nantucket, this may include species that are native to the mainland, but do not occur naturally on the Island. Invasive plants are those species that spread widely beyond the location of initial establishment, become locally abundant, or spread into natural areas. Invasive species may cause net harm to the economy, environment and human health. While native species may be "invasive" in certain habitats, this section is concerned with invasive-exotic plant species, which will henceforth be abbreviated as "invasive" plants or species. Invasive plants often possess some of the following characteristics that increase their ability to replace native species: rapid growth and maturation; abundant seed set and/or asexual reproduction; rapid rates of spread; and few, if any, natural enemies. Invasive plants are often difficult to control and may form monocultures over large areas.
B. 
Invasive plant incursions can result in significant alteration to natural resource systems, including wetlands and wetland buffers. Invasive plants may alter habitats sufficiently to reduce or eliminate less competitive plant species and/or wildlife dependent on specific habitats, resulting in reduced biodiversity. In addition, invasive plants may increase the rate of wetland eutrophication, reduce wetland area, and decrease pollutant attenuation. Effective management of invasive plants in wetlands and wetland buffers is critical to insuring and promoting healthy, diverse, and properly functioning wetland resources.
C. 
Determining the point and extent at which a resource or plant community has become adversely impacted by invasive species is dependent upon local conditions. Natural resource managers, landowners and natural resource beneficiaries on Nantucket recognize invasive plants to be a problem that currently exists within our wetland resources and buffers. In addition, it is widely recognized that early detection and intervention make control of invasive species easier, with fewer environmental impacts. The process and regulations outlined below are set forth to define, guide and permit the management of invasive plants adversely impacting wetlands and wetland buffers within the jurisdiction of the Commission.
A. 
Invasive-exotic plant species.
(1) 
The following list includes plants recognized as invasive in Massachusetts; importation and propagation of these species is currently prohibited within the State of Massachusetts. The entire current list of Massachusetts Prohibited Plants is available at the Massachusetts Department of Agricultural Resources, or may be accessed online at: http://www.mass.gov/eea/agencies/agr/farm-products/plants/massachusetts-prohibited-plant-list.html. The original Massachusetts prohibited plants list went into effect January 1, 2006. Certain species were subject to a phase-out period that expired on January 1, 2009. As of this date, the sale, trade, purchase, distribution and related activities for the species on the list are not allowed. See Appendix B for the list.[1]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2) 
See Appendix C for plants currently recognized by the Invasive Plant Species Committee of the Nantucket Biodiversity Initiative as invasive or at high risk of becoming invasive to native plant communities on Nantucket.[2]
[2]
Editor's Note: Appendix C is included as an attachment to this chapter.
(3) 
The following marine algae are currently recognized by the Nantucket Conservation Commission as invasive in Nantucket waters.
Scientific Name
Common Name
Anabaena subcylindrica
Asterionella formosa
Chaetoceros elmorei
Chlorella vulgaris
Cladophora glomerata
Codium fragile
Oyster thief
Enteromorpha linza
Maiden hair
Lyngbya birgei
Nitzschia bilobata
Oscillatoria rebescens
Ulva lactuca
Sea lettuce
B. 
Control and mitigation strategies.
(1) 
Appropriate and effective techniques to control invasive plants are species- and location-dependent. In developing a strategy to mitigate and/or control invasive plants, the following information is necessary:
(a) 
Identification of invasive species to be "controlled."
(b) 
Justification for identifying a plant as invasive.
(c) 
Delineation of geographic occurrence.
(d) 
Identification of best management practice or practices to be used for treatment/eradication, including plant disposal.
(e) 
Ongoing management strategy, including revegetation with appropriate species when required.
(2) 
Identification of invasive species to be "controlled." All plant species listed in Subsection A(1) through (3) shall be considered to be invasive on Nantucket. The Commission may also consider plant species not on these lists to be invasive in certain habitats or under certain circumstances. All invasive species listed in Subsection A(1) through (3) are subject to control through the processes and regulations indicated in Article V. Plant species listed as "Prohibited in Massachusetts" in Subsection A(1) and/or as "highly invasive" in Subsection A(2) shall not be planted within any wetland resource area or its protective buffer. The Commission recognizes that certain species act as invasive only in specific habitats. Therefore, the Commission may grant permission to plant species listed as invasive on Nantucket, with the exception of plant species listed as "Prohibited in Massachusetts" in Subsection A(1) and/or as "highly invasive" in Subsection A(2) under certain circumstances, provided that the applicant can provide substantial evidence that the plants under consideration pose no threat to the resource area in question.
(3) 
Delineation of geographic occurrence. Delineation of geographic occurrence of invasive species shall be provided by outline on aerial photographs of known scale and date; on GIS maps provided by the Town of Nantucket or appropriate land survey professionals; by plans drawn and stamped by professional land surveyors; and/or by other appropriately scaled and stamped base sheet references. Documentation shall include but not be limited to:
(a) 
Measured and/or calculated percentage of ground/canopy cover (dominance) based on specific site grid data.
(b) 
Graphic representation of aerial extent using specific site references such as aerial photographs, vista photographs, topographic and/or plot plans, etc.
(c) 
Scientific and/or historic/anecdotal information as to invasive species impact to plant and animal biodiversity to the site and site environs.
(4) 
Identification of best management practice or practices to be used for treatment/eradication.
(a) 
Best management practices for treatment and/or eradication of invasive plant species include:
[1] 
Manual/Mechanical removal;
[2] 
Chemical control (broadcast and direct plant application);
[3] 
Biological control; and/or
[4] 
A combination of all of the above.
[5] 
Proper disposal.
(b) 
For purposes of these regulations, best management practices for the treatment and/or eradication of invasive plant species shall be those practices deemed both effective and with minimal environmental impacts, including impacts to other plants or animals within or near the infestation. Ranking of best management practices shall be species- and habitat-specific and based on best available information from local, state and federal environmental agencies experienced with such efforts, such as, but not limited to, the Massachusetts, Connecticut and New Hampshire Departments of Environmental Protection; the Vermont Agency of Natural Resources, Water Quality Division; the Massachusetts Division of Fisheries and Wildlife; the USDA/Natural Resources Conservation Service; the Environmental Protection Agency; the United States Fish and Wildlife Service; the Nantucket Conservation Commission; the Nantucket Parks and Recreation Commission; the Nantucket Coastal and Marine Department; the New England Wild Flower Society; and the Nantucket Invasive Plant Species Committee. Management protocols developed by the Nantucket Invasive Plant Species Committee for commonly treated invasive species are available from the Town Natural Resources Department or from the Nantucket Biodiversity Initiative website.
(c) 
Any herbicide application shall be performed by or under the supervision of a licensed applicator. Techniques that minimize the amounts of herbicide used and that restrict herbicide application to the target species to the extent possible to still be effective are encouraged. Given the inherent risks associated with biological control techniques, the Commission will consider such methods only when other methods have failed or cannot be used in a given situation. Before a biological control technique can be employed, it must be proven to be effective and to pose no risk to non-target plants on the Island as a whole.
(d) 
The seeds, propagules, and vegetative portions of some invasive plant species can survive indefinitely, even after removal from the soil, and initiate new infestations if not disposed of properly. Therefore, best management practices must also include the proper disposal of such species.
(5) 
Ongoing management strategy.
(a) 
Treatment, control, and/or eradication of invasive species often require more than one year of treatment and must include ongoing maintenance practices that serve to enhance the biodiversity and health of the wetland resource area and its environs. For the purposes of these regulations, best management practices that serve to advance these interests include:
[1] 
Integrated management practices that incorporate mechanical, chemical and/or biological control measures as appropriate, including an estimate of the time required to effect control or elimination and any changes in treatment that may occur over time.
[2] 
Effective erosion control measures.
[3] 
Competitive plantings and/or revegetation with appropriate native species. For small or scattered occurrences within intact native plant communities it may be appropriate to allow for natural revegetation.
[4] 
Wildlife management practices.
(b) 
Prior to issuance of a decision to allow work to go forward, the Nantucket Conservation Commission shall require a written management plan that addresses Subsection B(5)(a)[1] through [4] above, as appropriate to specific site conditions.
A. 
Under the provisions of these regulations, alteration within a resource area and of vegetation within 25 feet of a wetland resource area requires an order of conditions from the Commission.
B. 
The Nantucket Conservation Commission has determined that appropriate treatment of invasive species within wetland resource areas and environs serves to enhance the functioning of the wetland resource area. Therefore, the Commission encourages, and will assist as appropriate, responsible invasive species management activities within its jurisdiction. In general, the Commission encourages early detection and control of invasive plants as removal is then often simpler, with fewer environmental impacts.
C. 
Toward that end, the Commission herein grants waivers to provisions within these regulations that require a twenty-five-foot undisturbed buffer to wetland resource areas and/or the filing of a notice of intent to alter existing vegetation within those geographic areas. Any work to be undertaken within the buffer zone relative to invasive species management/control shall require the filing of a request for determination of applicability. Any work to be undertaken within a wetland resource area or within a wetland buffer that is known to support any species listed as endangered, threatened, or special concern by the Massachusetts Natural Heritage and Endangered Species Program shall require an order of conditions or amended order of conditions resulting from public hearing review of a notice of intent. The applicant, landowner, and/or land manager shall provide for Commission review and approval of all the information necessary to describe proposed invasive plant mitigation and control as required in § 390-28B(5)(a)[1] through [4].