[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.
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 Select Board prior to April 10, 2008
for Town-owned coastal land.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
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 Select Board
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.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
C.
Limited pilot projects. Nothing herein shall prohibit the licensing
by the Select Board 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 Select Board 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 Select Board 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]; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
[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. Leasing or licensing any Town-owned coastal
land to a nongovernmental body for 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; amended 10-10-2018 STM II by Art. 1,
approved 5-8-2019]
