The definitions in this §
390-2 are for terms as used in the Bylaw and for terms as used in these regulations. To the extent not defined herein or in the Bylaw, words used in the Bylaw or in the regulations shall have the definitions contained in the Massachusetts Wetlands Protection Act (MGL c. 131, §
40) and the rules and regulations promulgated thereunder.
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.
ACTIVITYSame as the definition of "work."
ADVERSE IMPACTA greater-than-negligible change in the resource area or one of its characteristics, functions or factors that diminishes the value of the resource area to one or more of the specified interests in Chapter
136, Wetlands, of the Code of the Town of Nantucket, as determined by the Commission. "Negligible" means small enough to be disregarded and shall be defined in relation to the wetland resource areas impacted.
A. LAND IN AGRICULTURAL USEAny qualifying wetland within a farm which is qualified or eligible to be qualified under the Farmland Assessment Act, MGL c.
61A § 1 through § 5.
QUALIFYING WETLANDOnly inland freshwater areas which are seasonally flooded basins or flats or inland fresh meadows.
(1) Shall mean only:
(a) Tilling practices customarily employed in the raising of crops.
Pasturing of animals, including such fences and protective structures as may be required.
Use of fertilizers, pesticides, herbicides and similar materials, subject to local, state and federal regulations covering their use.
Construction, grading or restoring of field ditches, subsurface drains, grass waterways, culverts, access roads and similar practices to improve drainage, prevent erosion, provide more effective use of rainfall and improve equipment operation and efficiency in order to improve conditions for the growing of crops.
"Improvement of land in agricultural use" may also include more extensive practices such as the building of ponds, dams, structures for water control, water and sediment basins and related activities, but only where a plan for such activity is approved by the Conservation District of the Soil Conservation Service is furnished to the Conservation Commission prior to the commencement of work. All such activity shall subsequently be carried out in accordance with said plan. In the event that the work is not carried out in accordance with the required plan, the Conservation Commission may place a stop order on said work and have recourse to such measures as if the plan were an order of conditions.
ALTERIncludes, without limitation, the following actions when undertaken in areas subject to these regulations: removal, excavation or dredging of soils, sand, gravel, or aggregate materials of any kind; changing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns, and flood-retention characteristics; drainage or other disturbances of water level or the water table; dumping, discharging, or filling with any materials which may degrade water quality; driving of piles or erection of buildings or structures of any kind; placing of obstructions, whether or not they interfere with the flow of water; destruction of plant life, including cutting trees; changing of water temperature, biochemical oxygen demand, or other physical or chemical disturbances of the water; placing of fill, or removal of material, which would alter elevation; any activity, changes, or work which causes or contributes to the pollution of a body of water or groundwater; application of herbicides or fertilizers other than in agricultural use; incremental activities which have a cumulative adverse impact on the interests protected by these regulations.
APPLICANTThe individual filing the Nantucket notice of intent, or Nantucket request for determination of applicability or other request for action and/or permit or permit modification with the Commission.
AQUATIC VEGETATIONAny rooted or free-floating plant that spends a portion of its life cycle either immersed or submersed by water.
AREAS SUBJECT TO PROTECTIONLand areas and/or water bodies subject to protection under the Bylaw, as set forth in Chapter
136, Wetlands, §
136-3, of the Code of the Town of Nantucket.
The seaward face or side of any elevated land form, other than a coastal dune, which lies at the landward edge of a coastal beach, coastal dune, land subject to tidal action or coastal storm flowage, or other coastal wetland. Any minor discontinuity of the slope notwithstanding, the top of the bank shall be the first significant break in slope as defined by site-specific topographic plan information, site inspection, wetland habitat evaluation, geologic origin, and/or relationship to land subject to coastal storm flowage. A bank may be partially or totally vegetated, or it may be comprised of exposed soil, gravel, stone, or sand. A bank may be created by man and/or made of man-made materials. A bank may or may not contribute sediment to coastal dunes, beaches and/or to the littoral drift system. A bank may be significant as a major source of sediment, as a vertical buffer, for wildlife habitat and for wetland scenic views.
BANK (INLAND)The portion of land surface that normally abuts or confines a water body. A bank may be partially or totally vegetated, or it may be comprised of exposed soil, gravel, stone, or sand. The physical characteristics of a bank, as well as its location, are critical to the protection of wetland interests. The upper boundary of a bank is the first observable break in slope above the ten-year flood level. The lower boundary of a bank is the annual high water elevation of the water body. A bank may be created by man and/or made of man-made materials.
BEACHUnconsolidated sediment subject to wave, tidal, or storm action which forms the gently sloping shore of a body of 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, bank line, or the edge of existing man-made structures, when these structures replace one of the above lines, whichever is closest to the defining water body.
BEST AVAILABLE MEASURESThe most up-to-date technology or the best designs, measures, or engineering practices that have been developed and that are commercially available.
BEST PRACTICAL MEASURESTechnologies, designs, measures, or engineering practices that are in general use to protect similar interests.
BOATHOUSEAny structure on or near the water used exclusively for the storage and maintenance of boats, with related items. A boathouse may not contain habitable space. Boathouses shall not be used for storage or maintenance of boats trailered to or from off-site.
BOGAreas where evidence of depth to high groundwater is within 18 inches of the ground surface during a normal growing season, and/or where soils exhibit hydric characteristics, and/or where a plant community has a significant portion of the groundwater or water surface covered with Sphagnum moss (Sphagnum) and where the plant community is made up of a significant portion of one or more, but not limited to nor necessarily including all, of the following plants or groups of plants: aster (Aster nemoralis), azaleas (Rhododendron canadense and R. viscosum), bog cotton (Eriophorum), cranberry (Vaccinium macrocarpon), high-bush blueberry (Vaccinium corymbosum), laurels (Kalmia augustifolia and K. polifolia), leatherleaf (Chamaedaphne calyculata), orchids (Arethusa, Calopagon, Pagonia), pitcher plants (Sarracenia purpurea), sedges (Cyperaceae), sundews (Droseracae), and sweet gale (Myrica gale).
BOUNDARYThe boundaries of an area subject to protection under the Bylaw.
BUILDING UPONConstruction of any kind of structure, whether on land or in water; placing of obstructions or objects in water (other than boats, moorings, fish or shellfish traps, pens or trays used in conjunction with aquaculture, or aids to navigation).
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. In some instances, a certificate of compliance may also be issued stating that no work has been undertaken or completed within the time frame allowed by the permit issued.
CLIMATE CHANGEClimate change involves significant changes in average conditions such as temperature, precipitation, wind patterns, and other aspects of climate that occur over years, decades, centuries or longer. Climate change involves longer-term trends, such as shifts toward warmer, wetter, or drier conditions. These trends can be caused by natural variability in climate over time, as well as human activities.
COASTAL RESILIENCEThe ability of coastal ecological systems to withstand, recover from, and adapt to shocks and stresses. These shocks and stresses are exacerbated by climate change through documented sea level rise and more frequent storm activity.
COASTAL RESILIENCE PLAN (CRP)Officially adopted by the Town of Nantucket at the January 12, 2022, Select Board meeting, Nantucket’s Coastal Resilience Plan serves as a community guide to addressing the challenges posed by climate change. Development of the CRP involved multiple phases of mapping, research, technical and policy analysis, community engagement, development and refinement of resilience strategies, alternatives evaluation, prioritization of alternatives, adaptation pathway development, and implementation phasing. The scientific data and mapping utilized in the CRP creates the framework upon which climate change impacts are addressed on Nantucket. The Coastal Resilience Plan shall be used in review of all Coastal Resource Area applications to ensure that any permitted project is in keeping with the adopted principles of the Coastal Resiliency Plan.
COASTAL RISK AREASCoastal risk on Nantucket varies based on multiple factors including, but not limited to, existing resource areas, current sea-level, projected sea-level rise, storm strength and frequency, and human activity. Properly determining these risk areas is necessary to best determine proper strategies to protect the resiliency interest within these regulations. The following definitions of coastal risk have been adopted by the Town of Nantucket based on the best-available scientific data and modeling:
A. EXTREME COASTAL RISKThese areas face extreme coastal risk today or within the next decade. Density should be proactively reduced in these areas to reduce the immediate threat to people, property, and livelihoods. Due to extreme coastal risk, large structural investments are not recommended in these areas due to prohibitive maintenance costs and limited potential benefits. Non-structural resilience strategies that allow natural resources to function naturally and buffer against coastal hazards are best practice in these resource areas.
HIGH COASTAL RISKThese areas may be exposed to coastal hazards within the next 30 years, or the lifetime of a typical mortgage. Due to the imminent and growing risk, large structural investments are not recommended in these areas under most circumstances, except where necessary to ensure public safety.
MODERATE COASTAL RISKThese areas may be exposed to coastal hazards by 2070. In these areas approaches to adapt or protect against flooding should be examined using best available data and modeling.
LOW COASTAL RISKThese areas are not likely to be exposed to coastal hazards before 2070.
COASTAL WETLANDAny bank, beach, dune, estuary, marsh, swamp, meadow, flat, or other lowland subject to tidal action or coastal storm flowage from the ocean or an estuary.
COMPATIBLE MATERIALMaterial compatible to the parent material in coloration (wet Munsell color), grain size, angularity and percent composition of all soil components.
CONDITIONSThose 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 or adversely impacts an interest subject to protection under the Bylaw.
DATE OF ISSUANCEThe date the permit, determination, or a certificate of compliance is mailed, as evidenced by a postmark, or the date it is hand-delivered.
DEPARTMENTMassachusetts Department of Environmental Protection (DEP).
DEPTH TO GROUNDWATERShall be determined by best information available, including but not limited to the methods listed below:
A. Soil color using the Munsell system, the abundance, size and contrast of redoximorphic features, if present;
One or more of the following methods may be used to supplement the method listed above and shall be used when no redoximorphic features are present:
(1) Observation of actual water table during times of annual high water table;
The use of USGS wells for correlating comparisons in water tables during times when the water table is not at the annual high range;
A Department of Environmental Protection-approved method for determining inland high groundwater elevation as contained in Frimpter, M.H. “Probable High Groundwater Levels in Massachusetts,” Open File Report 80-1205, USGS or Frimpter, M.H. and G.C. Belfit, 1992, “Estimating highest ground-water levels for construction and land use planning, Cape Cod, Massachusetts,” updated, Barnstable, MA Cape Cod Commission Technical Bulletin 92-001”; or
A Department of Environmental Protection-approved method for determining coastal high groundwater elevation which incorporates tidal fluctuation information into the use of historical high groundwater data as contained in Frimpter, M.H. and G.C. Belfit, 1992, “Estimating highest ground-water levels for construction and land use planning, Cape Cod, Massachusetts,” updated, Barnstable, MA, Cape Cod Commission Technical Bulletin 92-001 or, if the location of the system is affected by tidal cycle typically within 300 feet of mean high water of the ocean, monitoring the high groundwater elevation over a tidal cycle during a full moon high tide.
DREDGETo deepen, widen, or excavate, either temporarily or permanently.
DUNEAny hill, mound, or ridge of sediment landward of a coastal beach deposited by wind action, storm overwash, or man-made. Coastal dunes are significant for flood control, as a sediment supply to down drift coastal resource areas, for rare/significant habitat, for recreation, and for wetland scenic views.
ELEVATED WALKWAYAny structure that ends landward of mean high water, used for pedestrian access over a salt marsh, coastal dune, coastal dune fields, coastal banks, bordering vegetated wetlands, filled and flowed tidelands. This definition includes beach stairs.
ENGINEERING STRUCTUREAny bulkhead, revetment, wall, rip-rap, groin, jetty, plastic sheeting, or other structure intended or constructed so as to prevent, alter, alleviate, or contribute to storm damage or modify wave action, littoral flow, erosion, surface water pollution, or groundwater quality or flow.
ERODING SHORELINEAny beach, coastal bank, or dune, the waterside edge of which has undergone a net retreat due to water and wave action over a six-year period ending on the date on which an application is filed.
EROSION CONTROLThe prevention or reduction of the detachment or movement of soil or rock fragments by water, wind, ice, and/or gravity.
ESTUARYAny area or partially enclosed coastal body of water where freshwater and saltwater meet and mix and where tidal effects are evident.
EXISTINGBegun or completed prior to the effective date of these regulations, or in accordance with permits issued under these regulations.
EXTENSION PERMITA written extension of time within which the authorized activity shall be completed, as permitted by Chapter
136, Wetlands, §
136-4B, of the Code of the Town of Nantucket.
To deposit any material so as to change any grades or raise an elevation, either temporarily or permanently.
FISHERIESAll species of freshwater and saltwater finfish, including the nutrient sources and habitat in which they live all or part of their life cycles.
FLATAny nearly level part of a shoreline or coastal beach that usually extends from the extreme low-water line landward to the more steeply sloping face of a coastal beach or bank. The flat may be separated from the beach by land under the ocean.
FLOOD CONTROLThe prevention or reduction of flooding and flood damage.
FRESHWATER WETLANDA wet meadow, freshwater marsh, swamp, bog, pond, lake, creek, or stream; an area of low topography where groundwater, 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; characterized by emergent and submergent plant communities in inland waters; and/or where depth to high groundwater is within 18 inches of the ground surface, and/or exhibits hydric soil characteristics and includes that portion of any inland bank which touches any freshwater wetland. Freshwater wetlands are not defined to include drainage facilities constructed to include wetland vegetation as treatment from stormwater runoff.
GRANDFATHERING/PREEXISTING USEA. Allows that the use and normal maintenance of any structure or alteration of land, within wetland resource areas and their buffers, existing at the time of enactment of MGL c. 131, §
40 (effective date 1972) or the Town of Nantucket Wetlands Protection Bylaw (effective date 1983), or subsequent revisions, may be continued, subject to the following:
(1) Existing structures, uses and/or alterations of land may not be extended and/or modified unless such extension or modification is permitted by a finding of the Commission that such alteration or modification shall have no adverse impact on the resource areas and interests protected by the Town of Nantucket Wetlands Protection Bylaw.
Existing structures, uses and/or alterations of land which have been abandoned for five years or more shall not be reestablished, and any future use shall conform with then-current provisions of the Town of Nantucket Wetlands Protection Bylaw, as appropriate.
Maintenance and/or repair to existing on-site sewage disposal systems and wells is excluded from this definition.
GREAT PONDAny pond or lake that contained more than 10 acres in its natural state. Ponds that once measured 10 or more acres in their natural state, but which are now smaller, are still considered great ponds.
GROUNDWATERWater below or seeping from the earth's surface in the zone of saturation.
HABITABLE SPACESpace in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.
HABITATWhere wildlife find what they need to survive: food, water, cover from predators and weather, breeding and rearing areas, and over-wintering areas.
A. Habitat includes any portion of any wetland resource area:
(1) Within which are located any species (plant or animal) recognized as significant by the Commission following a public hearing thereon.
Which falls within any of the most recent state-estimated habitat maps, adopted by the Commission following a public hearing thereon.
All flora and fauna listed by the Massachusetts Natural Heritage and Endangered Species Program and their environs shall be considered significant to the interests of the Town of Nantucket Wetlands Protection Bylaw.
"Vernal pool habitats," regardless of whether the site has been certified by the Massachusetts Natural Heritage and Endangered Species Program, are defined as confined basin depressions which, at least most years, hold water for a minimum of two continuous months during the spring and/or summer, and which are free of adult fish populations. Areas within 100 feet of the mean annual boundaries of such depressions, to the extent that such habitat is within an area subject to protection under the Town of Nantucket Wetlands Protection Bylaw as specified in Chapter
136, Wetlands, §
136-3, of the Code of the Town of Nantucket, are deemed essential breeding habitat, and provide other extremely important habitat functions during the nonbreeding season as well, for a variety of amphibian species, and are important habitat for other wildlife species, and shall be considered significant to the interests of the Town of Nantucket Wetlands Protection Bylaw. The Commission must determine, in the case that a vernal pool has not been certified by the Massachusetts Natural Heritage and Endangered Species Program, that it has successfully been identified as eligible for certification by its consultants or a professional wildlife biologist or other expert.
HIGH TIDE FLOODINGStill water flooding that leads to road closures, overwhelmed storm drains, and deterioration of human infrastructure. High tide flooding is becoming increasingly common as sea levels rise and land subsides in coastal areas on Nantucket. These factors result in a greater likelihood that high tide will overtop existing bulkheads and other coastal structures leading to flooding of inland areas.
IMPERVIOUS SURFACEA man-made surface that does not allow infiltration of water into the underlying soil. A building footprint is an impervious surface. Loose gravel or shell driveways are not impervious surfaces. Impervious surfaces that have breached over time, such as cracked asphalt, but still affect infiltration are considered impervious surfaces.
LAKEAny open body of freshwater or saltwater, 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 wastewater treatment plants shall not be considered ponds, nor shall swimming pools, man-made water bodies that are not hydrologically connected to adjacent water bodies, groundwater (including perched groundwater), or other impervious man-made retention basins.
LAND SUBJECT TO COASTAL STORM FLOWAGELand subject to any inundation caused by coastal storms up to and including that caused by the one-hundred-year storm, surge of record, or storm of record, whichever is greater.
LAND SUBJECT TO FLOODINGAn 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 one-hundred-year storm event during a year of average rainfall, or by actual record if that is higher. Constructed drainage facilities and/or swales will not be considered as land subject to flooding for the purposes of the Nantucket Wetlands Protection Bylaw.
MARSH (FRESHWATER)Areas where a plant community exists in standing or running water during the growing season, and/or where depth to high groundwater is within 18 inches of the surface and/or where soils exhibit hydric characteristics, 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 (Sparganiaceae), button bush (Cephalanthus occidentalis), cattails (Typha), duck weeds (Lemnaceae), eelgrass (Vallisneria), frog bits (Hydrocharitaceae), horsetails (Equisetaceae), hydrophilic grasses (Graminae), leatherleaf (Chamaedaphne calyculata), pickerel weeds (Pontederiaceae), pipeworts (Eriocaulon), pond weeds (Pontederiaceae), rushes (Juncaceae), sedges (Cyperaceae), smartweeds (Polygonum), sweet gale (Myrica gale), water milfoil (Haloragaceae), water lilies (Nympheacea), water starworts (Callitrichaceae), or water willow (Decodon verticillatus).
MARSH (SALTWATER)A coastal wetland that extends from the ocean landward up to the highest spring tide line, where soils exhibit hydric characteristics, 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 (Sporobolus pumilis), salt marsh cord grass (Sporobolus alterniflorus), spike grass (Distichlis spicata), sea lavender (Limonium carolinianum), seaside plantagao (Plantagao juncoides), aster (Aster subulatus), sea-blite (Suaeda maritima), black-grass (Juncus gerardi), samphire (Salicornia europaea), glasswort (S. begelovii), reed (Phragmites communis), saltmarsh bulrush (Scirpus robustus), or cattails (Typha spp.).
MEADOWS (WET)Areas where groundwater is at the surface for a significant part of the growing season, and/or where depth to high groundwater is within 18 inches of the surface, and/or where soils exhibit hydric characteristics including mottling within 18 inches of the ground surface, 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, the following plants or groups of plants: blue flag (Iris), vervain (Verbena), thoroughwort (Eupatorium), dock (Rumex), false loosestrife (Ludwigia), hydrophilic grasses (Graminae), loosestrife (Lythrum), marsh fern (Dryopterus thelypteris), rushes (Juncacea), sedges (Cyperaceae), sensitive fern (Onoclea sensibilis), smartweed (Polygonum), or jewelweed (Impatiens capensis).
MEPAThe Massachusetts Environmental Policy Act, MGL c. 30, §
62 through § 62H, and regulations promulgated pursuant thereto, 310 CMR
10.00 et seq.
To achieve the least amount of adverse impact that can be attained through siting or using best available measures or best practical measures, as deemed appropriate by the Commission.
MINIMUM WETLAND SIZE – ISOLATED VEGETATED WETLANDIsolated vegetated wetlands shall be required to be greater than 500 square feet in size. The IVW size is determined by total wetland area for the resource area not the wetland area only on the lot in question. Should an area exhibit the characteristics of a vegetated wetland, such as wetland vegetation and hydric soils, and be under 500 square feet the following performance standards shall apply:
A. There are no buffer zones to IVW under 500 square feet.
IVW under 500 square feet may be relocated on the lot in question and shall be required to handle all impervious surface runoff.
IVW under 500 square feet may not be decreased in size.
Should this area be maintained or used as a bioretention area it shall have permanent markers installed to define that area and shall be left undisturbed in perpetuity.
NANTUCKET NOTICE OF INTENT (NNOI)The written application filed by any person intending to alter an area subject to protection under the Nantucket Wetlands Bylaw, as described in Chapter
136, Wetlands, §
136-3C, of the Code of the Town of Nantucket.
Those acts that are usually necessary in order to prevent a decline, lapse or cessation of a lawfully established condition. It does not include additional placement of fill on, or excavation of, previously undisturbed soils or slopes; clearing, removal, or cutting of trees greater than four inches in diameter at breast height, or a change in material of an existing structure or total replacement of a structure. Partial replacement of structures may be reviewed on a case by case basis.
NOTICE OF INTENTThe written notice filed by any person intending to alter an area subject to protection under the Massachusetts Wetlands Protection Act, MGL c. 131, §
40.
The document issued by the Commission containing conditions that regulate or prohibit an activity under the Bylaw.
PERSONIncludes any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth or political subdivision thereof to the extent subject to Town bylaws, administrative agencies, public or quasi-public corporations or bodies, the Town of Nantucket and any other legal entity, its legal representatives, agents or assigns.
PERVIOUS SURFACEA pervious surface is a surface that allows the percolation of water into the underlying soil. Pervious surfaces may include grass, mulched ground cover, and planted areas. Pervious surfaces do not include any structure or building, any surface limits the covered lot surface from absorbing water, or any outdoor stairs, on-grade surface sports court, swimming pool, artificial turf, sidewalk or patio constructed of concrete, asphalt, brick, stone, compacted gravel or other material that impedes the infiltration of water directly into the subsurface of the lot. Pervious surfaces that are not properly maintained may become impervious surfaces as indicated by visible changes in drainage patterns, puddling and infiltration.
PIERAny structure, floating or fixed, attached or adjacent to land, and placed in or and extending into coastal inland waters (in the case of tidal waters, seaward of the mean high tide line), which is designed, or is suitable for use, for access to vessels, or for swimming or any other similar recreational, commercial, or educational purpose.
POLLUTIONContamination of land, or surface water or groundwater with materials not normally present in those waters, or with elevated levels of naturally occurring materials.
POND, FRESH OR SALTAny open body of 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 wastewater treatment plants shall not be considered ponds, nor shall swimming pools, man-made water bodies that are not hydrologically connected to adjacent water bodies, groundwater (including perched groundwater), or other impervious man-made retention basins.
PRIVATE WATER SUPPLYAny source or volume of surface water or groundwater to be in private use or demonstrated to have a potential for private use, including drinking water supply, irrigation, or for fire protection.
PROJECTA proposal to do work or the performance of such work; an undertaking.
PUBLIC WATER SUPPLYAny source or volume of surface water or groundwater demonstrated to be in public use for drinking water or fire protection, or approved for water supply pursuant to MGL c. 111, §
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.
Activities of individuals done for relaxation carried out in resource areas of the Bylaw, which include but are not limited to swimming, picnicking, walking, hunting, fishing, and boating. Preservation or expansion of unimpeded public access is needed to provide recreational opportunities to the public.
REMOVETo take away any type of material, including vegetation, or thereby change an elevation, either temporarily or permanently.
RESILIENCYThe ability of communities and systems to withstand, recover from and adapt to shocks and stresses. See "coastal resiliency."
RIVERAny natural flowing body of water that empties to any ocean, lake, pond, or other river, and which flows throughout the year.
SEA LEVEL RISESea level rise is an increase in the ocean’s surface height relative to the land in a particular location. The thermal expansion of ocean water and melting polar ice are the primary causes of today’s rising sea levels. Tide gauge records indicate that since 1963 Nantucket Harbor has experienced an average of 0.14 inch of sea level rise per year. The NOAA tide gauge for Nantucket is located on Steamboat Wharf and is one of only a few locations in Massachusetts with localized tracking of historic sea level rise. NOAA also notes that Nantucket is projected to experience higher levels of sea level rise than the global average, which is consistent with similar sea level rise projections provided by the Massachusetts Coastal Flood Risk Model (MC-FRM) produced by the Commonwealth of Massachusetts.
SHELLFISHAquatic mollusks and crustaceans: bay scallop (Argopecten irradians), blue mussel (Mytilus edulis), ocean quahog (Arctica islandica), American oyster (Crassostrea virginica), quahog (Mercenaria merceneria), razor clam (Ensis directus), surf clam (Spisola soldissma), sea scallop (Placopecten magellamicus), soft-shell clam (Mya arenaria), lobster (Homarus americanus), and blue crabs (Callinectes sapidus), knobbed whelk (Busycon carica), waved whelk (Buccinum undatum), and channel whelk (Busycon canaliculatum). The term "shellfish" also shall include horseshoe crab (Limulus polyphemus).
SOIL TEMPERATUREThe temperature of the soil four inches below the surface grade as taken by a soil thermometer.
STORM DAMAGE PREVENTIONThe 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.
STREAMA body of running water, and the land under the water, which includes brooks, creeks, and man-made watercourses, which moves in a defined channel or swale due to hydraulic gradient. A stream may be intermittent, that is, it does not flow throughout the year.
STRUCTUREA 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. The term "structure" may also be applied to appurtenances that are constructed primarily of impervious surfaces, such as but not limited to swimming pools, swimming pool equipment, dry-laid stone patios, recreational playing courts, roads, parking areas, parking lots, driveways, etc. Drainage basins, split-rail fences, septic tanks, subsurface propane tanks, and signs are not structures. The word "structure" shall be construed, where the context requires, as though followed by the words "or part or parts thereof."
STRUCTURE, COASTAL ENGINEERINGAny structure intended or constructed so as to prevent or alleviate storm damage, or modify tidal action, wave action, littoral flow, or erosion. Examples of these structure may include but are not limited to any bulkhead, revetment, seawall, rip-rap, groin, jetty, artificial seaweed, geotextile fabric, plastic or steel sheeting, multiple rows of fencing, or fencing using greater than four inches in width or diameter or other as determined by the Commission.
SWAMPSAreas where depth to high groundwater is within 18 inches of the surface, and/or where runoff water from surface drainage frequently collects above the soil surface, and/or where soils exhibit hydric characteristics, and where a significant portion of the plant community is made up of, but not limited to nor necessarily including all, the following plants or groups of plants: alders (Alnus), ashes (Fraxinus), azaleas (Rhododendron canadense and R. viscosum), black alder (Ilex verticillata), button bush (Cephalanthus occidentalis), highbush blueberry (Vaccinium corymbosum), poison sumac (Toxicodendron vernix), red maple (Acer rubrum), sphagnum mosses (Sphagnum), black gum tupelo (Nyssa sylvatica), sweet pepper bush (Clethra alnifolia), willow (Salicaceae), and common reed (Phragmites communis).
SWIMMING POOLMeans and includes every artificial pool of water used for swimming or bathing and its equipment used in connection with the pool. This includes any special purpose pool or residential pool designed for recreational and therapeutic use which is shallow in depth and not meant for swimming or diving. These pools are not drained, cleaned or refilled for each user. It may include, but not be limited to, hydro jet circulation, hot water, cold water mineral baths, air induction bubbles, or any combination thereof. Industry terminology for such a pool includes but is not limited to, therapeutic pool, hydrotherapy pool, whirlpool, hot spa, hot tubs, float tanks, splash pool, plunge pool, lap pool, or any other water feature that holds over 100 gallons. See attached guidelines for operation of pools within the jurisdiction of the Commission.
WATER-DEPENDENT USESProjects which require direct water access for their intended use and therefore cannot be located out of the area subject to protection under the Bylaw. 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, ships' chandleries, and general use recreational trails.
WETLAND SCENIC VIEWSThose areas which provide important visual linkage for the public with scenic wetlands that are vistas typical of and serve to define the unique Nantucket environment. Scenic wetlands include but are not limited to the following features: expansive open space, significant habitat areas, 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 encompasses 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, banks (eroding and noneroding, coastal and inland), Nantucket's harbors, and the ocean.
WILDLIFEAll nondomesticated mammals, birds, reptiles, amphibians, fishes, or invertebrates which are dependent upon a wetland resource defined by the Bylaw 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 for other wildlife, but not if the insect species is determined by the Commission and/or the Board of Health to constitute a pest whose protection under the Bylaw would be a health risk to humans at the proposed project site.
WORKAll activities set forth in the Bylaw, Chapter
136, Wetlands, §
136-3A, of the Code of the Town of Nantucket, including altering, removing, filling, dredging, or building upon.