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 are 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 significant wildlife habitat
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, to commercial fishing and shellfishing,
and to wetland scenic views.
(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, significant wildlife
habitat, recreation, and wetland scenic views. These findings may
be overcome only upon a clear showing that the land under the ocean
does not play a role in protecting any of the interests given above
and only upon a specific written determination to that effect by the
Commission.
B.
Performance standards. Land under the ocean shall be presumed significant to an interest protected by the Bylaw as referenced in Subsection A; therefore, the following regulations apply:
(1)
Dredging 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.
(2)
All dredging shall use 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, localized changes
in circulation patterns or in changes in sediment transport which
affect natural replenishment of beaches or maintenance of channels.
(3)
Residential piers shall be constructed so as not to change shoreline
movement of sediment, harm shellfish resources, obstruct commercial
shellfishing, or obstruct the reserved public rights of fishing, fowling,
navigation, or passage. Residential piers shall not displace public
moorings without written approval from the Harbormaster. No solid-fill
piers shall be permitted.
(4)
Construction of commercial piers shall be in compliance with Chapter 139, Zoning, of the Code of the Town of Nantucket and 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.
(5)
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 Bylaw.
(6)
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.
(7)
No new bulkheads or coastal engineering structures shall be permitted
to protect structures constructed or substantially improved after
August 1978. 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.
Other coastal engineering structures may be permitted only upon a
clear showing that no other alternative exists to protect a structure
built prior to September 1978, but not substantially improved, from
imminent danger.
(8)
Water-dependent 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, recreation,
and aquatic vegetation.
(9)
No activity on land under the ocean which is not water-dependent shall be permitted by the Commission, except activity allowed pursuant to a waiver from these regulations, as set forth in § 390-3F.
(10)
The Commission may impose such additional requirements as are
necessary to protect the interests protected by the Bylaw.
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 and tidal flats aid in storm damage prevention,
erosion and flood control; serve as a source of sediment for downdrift
coastal resource areas; serve to provide wildlife habitat to rare,
endangered, and otherwise significant wildlife; serve to protect and
provide habitat for marine fisheries and shellfish; and serve to provide
important wetland scenic views and recreation. 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 and/or activities 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 polychaete worms and mollusks, which
in turn are food sources for fish. Tidal flats are also sites 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, including
but not limited to coastal birds, turtles, shellfish and finfish.
In particular, they are used 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 characteristics for the protection
of wildlife. Characteristics of coastal beaches and flats which are
critical to the protection of marine fisheries, and shellfish and
their habitat 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,
recreation, and wetland scenic views. These findings may be overcome
only upon a clear showing that the beach or flat does not play a role
in protecting any of the interests given above and upon only a specific
written determination to that effect by the Commission.
B.
Performance standards. A coastal beach, tidal flat or land within 100 feet of a coastal beach or tidal flat shall be presumed significant to the interests protected by the Bylaw, as referenced in Subsection A; therefore, the following regulations shall apply:
(2)
No new bulkheads or coastal engineering structures shall be permitted
to protect structures constructed, or substantially improved, after
August 1978. 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.
Other coastal engineering structures may be permitted only upon a
clear showing that no other alternative exists to protect a structure
built prior to September 1978, and not substantially improved, from
imminent danger.
(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 for both the borrow site and the area in which
spoils are placed.
(4)
Clean fill of compatible 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 twenty-five-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 less. The average annual shoreline
erosion rate shall be determined by averaging the annual erosion rate
over a one-hundred-fifty-year period ending the date the NNOI was
filed or, if no NNOI was filed, the date construction began. If erosion
data are not available for the one-hundred-fifty-year period, the
Commission shall determine the average annual erosion rate from such
lesser time period for which erosion data is available. In cases where
documentation can be provided to show that the use of the one-hundred-fifty-year
period is inappropriate to existing shoreline characteristics and
trends, alternate shoreline change rates may be used when based on
a preponderance of credible evidence.
(8)
Vehicular access for existing houses or for recreational use shall
be as unpaved ways and shall be done in accordance with such procedures
as the Commission determines will minimize any adverse effect on the
beach and the interests of the Bylaw.
(9)
Fertilizers shall be used in accordance with the Best Management
Practices for Landscape Fertilizer Use on Nantucket Island (a copy
of which is attached to these regulations as Appendix A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(10)
The Commission may impose such additional requirements as are
necessary to protect the interests protected by the Bylaw.
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, including coastal dune fields, aid in storm damage
prevention, erosion and flood control; protect land in coastal areas
from storm damage and flooding; serve as a sediment source for beach
and intertidal areas; serve to provide wildlife habitat to rare, endangered,
and otherwise significant wildlife; and serve to provide important
wetland scenic views and recreation. Coastal dunes aid in storm damage
prevention, erosion control, and flood control by supplying sand to
coastal beaches. Coastal dunes do not significantly inhibit transport
of pollutants into groundwater. 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 the 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; wildlife
habitat and ability of a dune to move landward and laterally. Coastal
dunes are important habitats for a wide variety of wildlife, particularly
turtles and birds for feeding and nesting areas. The 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 characteristics 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,
prevention of pollution, wildlife, and wetland scenic views. These
findings may be overcome only upon a clear showing that the dune does
not play a role in protecting any of the interests given above and
only upon a specific written determination to that effect by the Commission.
B.
Performance standards. A coastal dune, coastal dune field, or land within 100 feet of a coastal dune or coastal dune field shall be presumed significant to the interests protected by the Bylaw as referenced in Subsection A; therefore, 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 twenty-five-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 or in a coastal dune. The septic leach facility shall be at least
100 feet from the upland edge of a coastal dune or coastal dune field.
(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 wind or waves to remove sand from or deposit sand on a dune; by
disturbing 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 or elevated walkway must be designed as determined
by the Commission so as to minimize disturbances of vegetative cover.
(9)
Fertilizers shall be used in accordance with the Best Management
Practices for Landscape Fertilizer Use on Nantucket Island" (a copy
of which is attached to these regulations as Appendix A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(10)
Vehicular access for existing homes or recreational use shall
be as unpaved ways and shall be done in accordance with such procedures
as the Commission determines will minimize any adverse effect on the
dune and the interests of the Bylaw.
(11)
The Commission may impose such additional requirements as are
necessary to protect the interests protected by the Bylaw.
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 are composed of tidal flats, beaches, and dunes. As such, barrier beaches perform the same functions and are critical to the same interests as referenced in § 390-7 and § 390-8 of these regulations and therefore these provisions shall also apply to barrier beaches. 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 dunes, tidal flats, salt marshes, estuaries, lagoons, harbors, salt ponds, and freshwater marshes and ponds, which are in turn important to fisheries, shellfish and wildlife habitat. 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.
(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: flood control, erosion control,
water pollution, storm damage prevention, fisheries, shellfish, wildlife
habitat, 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 play a role in protecting any of these
interests given above and only upon specific written determination
to that effect by the Commission.
B.
Performance standards. A barrier beach or land within 100 feet of a barrier beach shall be presumed significant to the interests protected by the Bylaw as referenced in Subsection A; therefore, the following regulations shall apply:
(1)
No coastal revetments or coastal engineering structures of any 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. Existing septic systems may be maintained, repaired and
upgraded to the best available measures. No expansion of septic systems
shall be permitted.
(4)
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.
(5)
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.
(6)
No excavation or disturbance of vegetation shall be permitted on
a barrier beach unless the area is completely restored, replanted,
and stabilized to its original form and volume.
(7)
Fertilizers shall be used in accordance with the Best Management
Practices for Landscape Fertilizer Use on Nantucket Island (a copy
of which is attached to these regulations as Appendix A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(8)
The Commission may impose such additional requirements as are necessary
to protect the interests protected by the Bylaw.
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 may serve as a source of sediment for other coastal
landforms, including beaches, dunes, tidal flats, barrier beaches,
and land under the ocean; act as a vertical buffer which protects
upland areas from storm damage, erosion, and flooding; provide wildlife
habitat to common as well as rare, endangered, and otherwise significant
wildlife; and serve to provide important wetland scenic views. 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 its value as a buffer.
Vegetation tends to stabilize a coastal bank and reduce the rate of
erosion due to wind and rain runoff. Vegetated banks are critical
to reducing wind and rain erosion and for providing important habitat
and biodiversity. 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. Characteristics
of coastal banks which are critical to wildlife are bank steepness,
height, stability, soil size and compaction, and vegetative cover
and diversity. Characteristics of coastal banks that are critical
to wetland scenic views are bank form, slope, elevation, proportion
and scale in relationship to other landforms, vegetative characteristics
and diversity, wildlife and habitat, and a sense of presence and solitude.
All coastal banks are defined as primary coastal banks for the purposes
of Town of Nantucket bylaws.
(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 significant to the protection
of the following interests: flood control, erosion control, storm
damage prevention, wetland scenic views, and wildlife. These findings
may be overcome only upon a clear showing that the coastal bank does
not play a role in protecting any of the interests given above and
only upon a specific written determination to that effect by the Commission.
B.
Performance standards. Coastal banks or land within 100 feet of a coastal bank shall be presumed significant to the interests protected by the Bylaw as referenced in Subsection A; therefore, the following regulations shall apply:
(1)
No new bulkheads, coastal revetments, groins, or other coastal engineering
structures shall be permitted to protect structures constructed, or
substantially improved, after August 1978 except for public infrastructures.
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 buildings
and/or public infrastructure. Other coastal engineering structures
may be permitted only upon a clear showing that no other alternative
exists to protect a structure that has not been substantially improved
or public infrastructure built prior to September 1978 from imminent
danger.
(2)
Piers shall be constructed in compliance with Chapter 139, Zoning, of the Code of the Town of Nantucket using procedures determined by the Commission to be the best available measures to minimize adverse effects on interests protected by the Bylaw.
(3)
All projects shall be restricted to activity as determined by the
Commission to have no adverse effect on bank height, bank stability,
wildlife habitat, vegetation, wetland scenic view, 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 twenty-five-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 constructed
at least 100 feet from the top of the coastal bank and shall not be
located within the face of the coastal bank.
(7)
In areas of an eroding coastal bank, the distance from all new structures
to the coastal bank shall be at least 20 times the average annual
erosion rate or 100 feet, whichever is less. The average annual erosion
rate shall be determined by averaging the annual erosion over a one-hundred-fifty-year
period ending with the date the NOI was filed or, if no NOI was filed,
the date construction began. If erosion data are not available for
the one-hundred-fifty-year period, the Commission shall determine
the average annual erosion rate from such lesser time for which erosion
data is available. In cases where documentation can be provided to
show that the use of the one-hundred-fifty-year period is inappropriate
to existing coastal shoreline characteristics and trends, alternate
shoreline change rates may be used with the approval of the Commission.
(8)
All permits issued for the substantial improvement of an existing building or new construction of buildings under the Bylaw 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 § 390-3F of these regulations.
(9)
The Commission may impose such additional requirements as are necessary
to protect the interests protected by the Bylaw.
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: Salt
marshes serve to support marine organisms, including finfish and shellfish;
serve to provide critical wildlife habitat; serve to remove pollutants
from surrounding waters; serve to aid in erosion control and storm
damage prevention; and are important to fishing, shell fishing, recreation,
and wetland scenic views. 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 binds
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 and spawning 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 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 salt marsh 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, canoeing,
and hunting. Characteristics of salt marshes that are critical to
wetland scenic views are water quality, vegetative characteristics,
and a sense of presence, expanse and biodiversity.
(2)
In view of the foregoing, whenever a proposed project involves removing,
filling, dredging, altering, or building upon a salt marsh, the Commission
shall find that the salt marsh is significant to the protection of
the following interests: groundwater, erosion control, storm damage
prevention, water pollution prevention, fisheries, shellfish, wildlife,
recreation, and wetland scenic views. These findings may be overcome
only upon a clear showing that the salt marsh does not play a role
in protecting any of the interests given above and only upon a specific
written determination to that effect by the Commission.
B.
Performance standards. Salt marshes or land within 100 feet of salt marshes shall be presumed significant to the interests protected by the Bylaw as referenced in Subsection A; therefore, the following regulations shall apply:
(1)
Salt marshes shall not be filled.
(2)
Salt hay may be harvested from a salt marsh only if performed in
a manner which does not disturb the marsh substrate.
(3)
No proposed project in a salt marsh, or in lands within 100 feet
of a salt marsh, shall destroy any portion of the salt marsh, change
species composition of the marsh, have any adverse effect on salt
marsh productivity, pollute the salt marsh, or adversely affect water
quality.
(4)
All projects which are not water-dependent shall maintain at least
a twenty-five-foot natural undisturbed area adjacent to a salt marsh.
All structures which are not water-dependant shall be no closer than
50 feet to a salt marsh, and all structures shall maintain an undisturbed
two-foot separation to high groundwater. Fifty percent of the area
between the twenty-five-foot buffer and the fifty-foot buffer shall
not be altered. Additional soils and groundwater information may be
required for applications in areas of high ground water.
(5)
The septic leach facility of a septic system shall be at least 100
feet from the salt marsh.
(6)
Piers shall be constructed and maintained using procedures determined
by the Commission to be the best available measures to minimize adverse
effects on the interests protected by the Bylaw.
(7)
Elevated walkways shall be designed not to affect marsh vegetation
or existing water circulation patterns.
(8)
Materials cannot be stored or deposited on a salt marsh.
(9)
Fertilizers shall be used in accordance with the Best Management
Practices for Landscape Fertilizer Use on Nantucket Island (a copy
of which is attached to these regulations as Appendix A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(10)
The Commission may impose such additional requirements as are
necessary to protect the interests protected by the Bylaw.
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 wildlife habitat. The high productivity
of plants and phytoplankton provides food for shellfish, crustaceans,
and juvenile fish. The bottom sediments and shallow water provide
habitat 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 provide 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 and
wetland scenic views, 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 views. These findings may be overcome only upon
a clear showing that the salt pond does not play a role in protecting
any of the interests given above and only upon a specific written
determination to that effect by the Commission.
B.
Performance standards. A salt pond or land within 100 feet of a salt pond shall be presumed significant to the interests protected by the Bylaw as referenced in Subsection A; therefore, 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,
existing water quality, recreation, or wetland scenic views 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 twenty-five-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, and all structures shall maintain an undisturbed
two-foot separation to high groundwater. Fifty percent of the area
between the twenty-five-foot buffer and the fifty-foot buffer shall
not be altered. Additional soils and groundwater information may be
required for applications in areas of high groundwater.
(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 Bylaw, such projects shall be permitted only pursuant to a waiver, as set forth in § 390-3F of these regulations.
(5)
Piers shall be constructed and maintained using procedures determined
by the Commission to be the best available measures to minimize adverse
effects on the interests protected by the Bylaw.
(6)
Elevated walkways shall be designed not to affect vegetation or existing
water circulation patterns. Elevated walkways shall be required to
allow for pedestrian passage over the salt pond and fringing bordering
vegetated wetlands.
(7)
Fertilizers shall be used in accordance with the Best Management
Practices for Landscape Fertilizer Use on Nantucket Island (a copy
of which is attached to these regulations as Appendix A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(8)
The Commission may impose such additional requirements as are necessary
to protect the Interests protected by the Bylaw.
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 Bylaw.
Land containing shellfish is found within many of the areas protected
by the Bylaw. 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 and its habitat
is important to the protection of marine fisheries in addition to
the protection of shellfish. Shellfish on Nantucket are a very important
recreational and commercial natural resource. Bay 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. Characteristics
of land containing shellfish which are critical to the protection
of shellfish include, but are not limited to: wildlife habitat, 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 play a role in protecting
any of the interests given above and only upon a specific written
determination to that effect by the Commission.
B.
Performance standards. Land containing shellfish or land within 100 feet of land containing shellfish shall be presumed significant to the interests protected by the Bylaw as referenced in Subsection A; therefore, the following regulations shall apply:
(1)
Projects shall not adversely affect water quality (including but
not limited to changes in turbidity, temperature, salinity, dissolved
oxygen, and additional nutrients and pollutants), water circulation,
aquatic vegetation, 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.
(4)
Any project which may release pollutants shall utilize the best available
measures to remove pollutants or prevent risk of pollution.
(5)
All septic leach facilities shall be at least 100 feet from land
containing shellfish.
(6)
Fertilizers shall be used in accordance with the Best Management
Practices for Landscape Fertilizer Use on Nantucket Island (a copy
of which is attached to these regulations as Appendix A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(7)
No project detrimental to scallops shall be permitted, except activity allowed pursuant to a waiver from these regulations, as set forth in § 390-3F.
(8)
Piers shall be constructed and maintained using the best available
measures to minimize adverse effects on the interests protected by
the Bylaw.
(9)
The Commission may impose such additional requirements as are necessary
to protect the interests protected by the Bylaw.
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 interests under the Bylaw, Chapter 136, § 136-2, of the Code of the Town of Nantucket. 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. Characteristics 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, water quality (including turbidity, temperature, pollutants, nutrients, salinity, and dissolved oxygen) and sediment and erosion control. Fish runs are important for wildlife habitat, recreation, and wetland scenic views.
(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, sediment and erosion control,
water quality, wetland scenic views, 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 play a role in protecting any of the
interests given above and only upon a specific written determination
to that effect by the Commission.
B.
Performance standards. Fish runs or land within 100 feet of a fish run shall be presumed significant to the interests protected by the Bylaw as referenced in Subsection A; therefore, 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 projects 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
a twenty-five-foot natural undisturbed area 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 15 and June
15 in any year.
(6)
All projects, including road maintenance, shall use procedures the
Commission determines will minimize the siltation of a fish run.
(7)
Elevated walkways designed not to affect water quality, sunlight
penetration, water volume, or wetland scenic views shall be required
for pedestrian passage over a fish run.
(8)
The Commission may impose such additional requirements as are necessary
to protect the interests protected by the Bylaw.
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 floodwaters and storm-driven debris. 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 effect
on wetland values and public health and safety.
(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, water quality, erosion and sediment
control, wildlife habitat. These findings may be overcome only upon
a clear showing that land subject to coastal storm flowage does not
play a role in protecting any of the interests given above and only
upon a specific written determination to that effect by the Commission.
B.
Performance standards. Land subject to coastal storm flowage or land within 100 feet of land subject to coastal storm flowage shall be presumed significant to the interests protected by the Bylaw as referenced in Subsection A; therefore, 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 in addition to the regulations set forth in this section.):
(1)
The work shall not reduce the ability of the land to absorb and contain
floodwaters, or to buffer inland areas from flooding and wave damage.
(2)
Projects shall not cause groundwater, surface water, or saltwater
pollution triggered by coastal storm flowage. All septic tanks and
leach facilities shall be located outside the one-hundred-year floodplain.
(3)
All private underground fuel tanks shall be outside the one-hundred-year
floodplain. Commercial tanks shall be outside the one-hundred-year
floodplain, or if the Commission determines this is not practicable,
the commercial tanks shall be secured so that they cannot float loose.
(4)
Building upon areas subject to coastal storm flowage in locations
where such structure would be subject to storm damage may not be permitted.
If permitted, all construction must be in compliance with state and
local building code regulations for flood hazard areas.
(5)
Fertilizers shall be used in accordance with the Best Management
Practices for Landscape Fertilizer Use on Nantucket Island (a copy
of which is attached to these regulations as Appendix A[1]).
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(6)
The Commission may impose such additional requirements as are necessary
to protect the interests protected by the Bylaw.
A.
Characteristics and protected interests.
(1)
The Commission finds that regulations applicable to activities involving estimated habitat for rare/significant wildlife and rare/significant flora and fauna for coastal wetlands are necessary and proper for the following reasons: Any coastal resource area identified in Chapter 136, Wetlands, § 136-3, of the Code of the Town of Nantucket within which is found any state rare species (plant or animal) officially listed by the Massachusetts Division of Fisheries and Wildlife, or in which is found any species (plant or animal) the Commission has recognized as significant under the Bylaw, or any coastal resource area falling within any of the most recent Estimated Habitat Maps of the Massachusetts Natural Heritage and Endangered Species Program, shall be considered rare/significant species habitat, as defined in § 390-2 of these regulations. Rare/Significant species habitat preservation is important in order to maintain healthy ecosystems, wetland resources and biodiversity, and is important for protecting recreational interests, and in protecting wetland scenic views.
(2)
In view of the foregoing, whenever a proposed project involves removing,
filling, dredging, altering or building within areas of estimated
habitat for rare/significant wildlife and rare/significant fauna for
coastal wetlands, the Commission shall find that such land is significant
to the protection of the following interests: fisheries, shellfish,
wildlife, biodiversity, recreation, and wetland scenic views. These
findings may be overcome only upon a clear showing that these estimated
habitat areas do not play a role in protecting any of the interests
given above and only upon a specific determination to that effect
by the Commission.
B.
Performance standards. Estimated habitat areas shall be presumed significant to the interests protected by the Bylaw as referenced in Subsection A; therefore, the following regulations shall apply:
(1)
No activity shall be permitted that alters existing vegetation within
25 feet of verified rare/significant species habitat.
(2)
No activity shall be permitted that results in the construction or
enlargement of a structure within 50 feet of verified rare/significant
species habitat.
(3)
No alteration of topography (filling or cutting) and/or drainage
characteristics shall be permitted within 50 feet of verified rare/significant
species habitat.
(4)
No new construction or enlargement of drainage facilities within
25 feet of verified rare/significant species habitat shall be permitted.
(5)
No part of any septic system shall be placed within 50 feet and no
leaching facility shall be placed within 100 feet of a verified rare/significant
species habitat.
(6)
The Commission may impose such additional requirements as are necessary
to protect the interests protected by the Bylaw.
