The purpose of these regulations is to protect public safety, to
manage beach activities, events and commercial activities on the beaches
or ancillary areas to the beaches within the limits of the Town of
Nantucket as such uses are deemed to have significant effect on wetlands
values, including but not limited to flood control, erosion, storm
damage prevention, fisheries, shellfish, wildlife and recreation;
on beach scenic views; on excessive noise; on the natural scenic,
historic and aesthetic qualities of the beach environment on Nantucket;
on the public safety and welfare; and on the preservation of peace
and good order.
The purpose is also to regulate the use of all designated pond areas
in the Town of Nantucket and restrict commercial use in these areas,
as such use is deemed to have significant effect on wetland values,
including but not limited to public and private water supply, ground
water, flood control, erosion control, storm drainage prevention,
water pollution, fisheries, wildlife, scenic views and recreation;
on the public safety and welfare; and on the preservation of peace
and good order.
These regulations shall apply to all properties adjacent to these
ponds that are owned by the Town of Nantucket and to properties adjacent
to these ponds where the property owner has given the Town permission
to apply these regulations to his or her property.
These rules and regulations apply to beaches owned by the Town of
Nantucket or those beaches managed by the Town or on beaches where
the property owner has given the Town the owner's permission to apply
these rules and regulations.
Beach events on private property that have the express written permission
of the property owner are exempt from the application provisions of
this section. Notwithstanding the permission of a private property
owner to allow a beach event or commercial activity that would otherwise
require a permit from the Town of Nantucket, all applicable federal,
state and local laws, bylaws and regulations shall continue to be
applicable to the beach events and commercial activities described
and regulated herein.
Additional restrictions or limitations may apply to any approved
event or activity (i.e., beach erosion concerns, endangered species,
anticipated storm events, requirement of special police details, etc.).
Any group, gathering or convergence of more than 15 persons
on a designated beach area or ancillary beach area where any services
provided for said event are substantially commercial in nature and
which event is for social, recreational or commercial purposes. Family
gatherings shall not constitute a beach event under this definition.
Any activity or event for which money is paid to an individual
or business entity for services rendered on a beach/pond or ancillary
area to a beach/pond in the County of Nantucket. Family gatherings
shall not constitute a commercial activity under this definition.
For the purposes of these regulations, the erection or use of
any permanent or temporary structure, kiosk, dock, mooring, stand,
cart, sign for advertisement, or other real or personal property,
fixtures or equipment primarily for the purpose of, or incidental
or accessory thereto, manufacturing, selling, leasing or otherwise
providing from that specific structure or arising from such use any
property, good, product or service shall be deemed a commercial activity.
Notwithstanding the foregoing, no sale or lease of real property
within a designated pond area without further action that might be
construed as a commercial activity hereunder, nor any business for
which no invitee visits the designated pond area in question, shall
be deemed a commercial activity.
A geographic section of beach or ancillary area to a beach
in the Town of Nantucket as determined by the Town Manager and designated
as such on a map on file with the Town Clerk and in the office of
the Select Board.
All ponds and all property directly adjacent to any portion
of any pond owned by the Town of Nantucket, or to which the Town of
Nantucket has a littoral or other property right, if any; and
All ponds and all property directly adjacent to any portion
of any pond owned by the proprietors of Nantucket, or to which such
proprietors have a littoral or other property right, if any; and
The use of a kite utilizing wind and air to lift, provide
power or energy to a harnessed rider/passenger who is equipped with
a board for touch down, whether such board is formally a surfboard,
kite board, wake board, or other stabilizing flat object used for
the recreational purposes of kiteboarding.
Any stagnant body of water without an outlet having a surficial
area of fewer than 10 acres, any great pond, or any like body of water
with a small outlet, including but not limited to any body of water
affected by tidal action, together with the surface area of such body
of water and the soil and other matter under such body of water.
All kiteboards must display an appropriately numbered burgee registered
with the Marine Department. A database of registered kiteboarders
with assigned registration numbers shall be maintained by the Harbormaster
and updated annually.
Kiteboarders must comply with all other applicable laws, including without limitation MGL c. 90b and Chapter 137, Town Wharves and Waterways, of the Code of the Town of Nantucket.
The Town board or entity with jurisdiction over Town-owned property
may regulate the specific Town-owned properties and areas where kiteboarding
may occur, including without limitation prohibiting kiteboarding where,
in the opinion of such Town board or entity, kiteboarding may create
a public safety hazard, and including without limitation restricting
the days and times when kiteboarding may occur.
The Select Board may regulate the specific private properties and
areas where kiteboarding may occur, including without limitation prohibiting
kiteboarding on properties and in areas where, in the opinion of the
Select Board, kiteboarding may create a public safety hazard, and
including without limitation restricting the days and times when kiteboarding
may occur.
The use of Nantucket beaches for events or activities involving a
commercial enterprise or activity, including, but not limited to,
catering events or other such businesses, shall require a permit from
the Town of Nantucket.
Unless otherwise authorized by the Town Manager, only three beach
events per week and only one event per day shall be permitted on any
designated beach area in the Town of Nantucket pursuant to these regulations.
Permits for beach events shall be based on a "first-come, first-served
basis." Permits for commercial activity where more than one commercial
enterprise applies to use the same beach on the same date will be
based upon a "lottery" system as determined by the Town Manager.
No beach events or commercial activities with an expected attendance
of more than 250 people shall be allowed unless a public assembly
permit application has been submitted and approved.
Beach events or commercial activities with an expected attendance
of more than 75 people may require a special police detail as determined
by the Town Manager.
There shall be no commercial activity in any designated pond area
and no commercial activity that indirectly has an impact upon any
designated pond area, for any period of time.
All applications shall be signed confirming that the applicant has
read and understands all regulations pertaining to a permitted beach
event or commercial activity and that such applicant will abide by
such regulations, limitations and conditions placed upon such event
or activity.
The permittee shall be required to obtain and provide proof of comprehensive
liability insurance in the minimum amount of $1,000,000 naming the
Town of Nantucket and any other property owner of the designated beach
area where the beach event or activity is taking place as an additional
insured.
Individuals or businesses that provide catering or other food-related
services on beaches subject to these rules and regulations must be
licensed by the Board of Health. A copy of the food service license
from the Board of Health shall be submitted with an application for
a beach event or commercial activity.
The permittee shall remove all trash generated by its beach event
or commercial activity from the beach and dispose of it properly at
the landfill. Town trash cans or dumpsters may not be used.
Unless otherwise authorized, beach events or commercial activities
may not be scheduled between the hours of 8:30 a.m. and 5:00 p.m.
June 15 through September 15. All events or activities shall end by
10:00 p.m.
Beach event or commercial activity applications shall be submitted to the Town Manager for final approval or denial only after signed approval from the Police Chief, Beach Manager, Fire Chief (if applicable), Health Inspector (if applicable) and Park and Recreation Director (if applicable). Permits must be available for inspection by law enforcement personnel as identified in § 216-8C.
Applications shall be submitted at least two weeks prior to the proposed
beach event or commencement of commercial activity. Depending on circumstances
or availability, this may be waived at the discretion of the Town
Manager or designee.
The Town Manager, in consultation with the Select Board and the Beach
Management Advisory Committee, shall promulgate application forms
as well as a list of designated beach areas upon which beach events
may be permitted.
Any regular annual commercial activities, other than food-related
social beach events (i.e., surfboard rentals) shall require a new
application, approval and permit fee for each calendar year.
Cooking grills or fires that comply with MGL c. 48, § 13
shall be placed a minimum of 25 feet from any beach grass or vegetation
and shall not be placed on or in any dune area.
All fires shall be completely extinguished after use and all contents
and fire debris shall be thoroughly doused and removed from the beach.
Burying charcoal or other fire debris on the beach is prohibited.
The Town of Nantucket reserves the right to charge an additional
access fee as set by the Select Board on specific days as designated
and advertised in advance by the Town of Nantucket.
Operators of vehicles parked on the beach shall leave a right-of-way
at all times. The required right-of-way area shall be determined by
the enforcing authority.
In order to prevent confusion as a predator to any nesting, territorial
adult or unfledged juvenile endangered bird species, no person within
the territorial limits of the Town shall use, operate or otherwise
allow the use or operation of any kiteboard, kite, or other airborne
object other than aircraft, in, over, or upon the areas posted with
signage as bird nesting areas, during the period of April 1 through
August 31, in accordance with Section III, Paragraph 7 of the "Guidelines
for Managing Recreational Activities in Piping Plover Breeding Habitat
on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered
Species Act."
All persons are prohibited from allowing at all times from April 1 to August 31 any nonhuman animals or reptiles such as pets, including dogs, horses, cattle, cats and other pet life forms, to enter upon, roam, or otherwise have access to the areas posted with signage as bird nesting areas, and all such life forms must be confined in cages or tanks, leashed, haltered, tethered, or bridled and firmly under control and not free to access any such posted nesting area, in accordance with Section III, Paragraph 6 of the "Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act." Please note the Town of Nantucket's leash law, Chapter 55, Animals, § 55-4 of the Code of the Town of Nantucket.
Except as may otherwise be allowed or permitted by law, no fireworks,
explosive device or flare shall be ignited, lit, energized or fired
anywhere in, on, over or upon any beach area designated by signage
as a bird nesting area as directed by "Guidelines for Managing Recreational
Activities in Piping Plover Breeding Habitat on the U.S. Atlantic
Coast to Avoid Take Under Section 9 of the Endangered Species Act."
Please note that unauthorized fireworks are illegal in the Commonwealth
of Massachusetts.
Except for vehicles engaged in actual necessary emergency response for the public safety or the security of the nation, all two-, three-, or four-wheeled vehicles are prohibited from entering, operating, or being present within all posted nesting habitat in accordance with Section III, Paragraph 12 of the "Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid Take Under Section 9 of the Endangered Species Act." Please note the Town of Nantucket's bylaw on use of all-terrain vehicles, Chapter 56, Regulation of Motor Vehicles on Beaches, § 56-6A, of the Code of the Town of Nantucket.
No person shall bathe or swim in the waters under the jurisdiction
of the Town of Nantucket during such time as the lifeguard on duty,
Police Department, Fire Department, Marine Superintendent, Beach Manager
or other designated Town official determines conditions to be hazardous
to the health, safety and welfare of swimmers and bathers. Upon posting
of signs or verbal notice from the above-listed authorities, all persons
shall exit the water until such authorities give notice that the hazardous
condition has abated.
All rigid devices (e.g., surfboards, kayaks, boogie boards) and any
nonrigid device which is not a swim aid are prohibited within the
limits of lifeguard protection on Town-owned/-operated beaches. Inflatable
rafts and tubes are examples of allowed nonrigid swim aids. This prohibition
excludes properly sized, Coast Guard approved personal flotation devices.
These regulations may be enforced by noncriminal disposition in accordance with Chapter 1, Article I, § 1-2 through § 1-6, of the Code of the Town of Nantucket and MGL c. 40, § 21D.
Enforcing persons shall be: any police officer, Beach Manager, Land
Bank property manager, Town Biologist, Marine Superintendent, Park
and Recreation Director, any firefighter, or any deputy sheriff.
In the event any court determines any provision of these regulations
to be invalid or unenforceable, then the remainder of this chapter
shall not be affected except to the extent required by law.