[HISTORY: Adopted by the Marine and Environmental Affairs
Division of the Town of Barnstable 1-6-2022.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition — See Ch. Ch. 1, Art. I.
Beaches and waterways — See Ch. 32.
Boats — See Ch. 40.
Shellfish — See Ch. 407.
[1]
Editor’s Note: These regulations also superseded former
Ch. 601, Sandy Neck Beach, adopted 1-29-2020.
Sandy Neck Beach Park (Sandy Neck), a coastal barrier beach,
is approximately six miles long, varying in width from 200 yards to
one-half mile. The majority of this unique conservation and recreation
area is owned by the Town of Barnstable and is under the supervision
and jurisdiction of the Town Manager, with the advice of Sandy Neck
Board. The Sandy Neck Park Manager (Park Manager) handles daily operations.
Help us to preserve and protect the heritage and integrity of this
resource by reading this brochure and abiding by the rules and regulations
outlined herein.
Shorebirds, including piping plovers and least terns, nest on
Sandy Neck. To protect nesting activity, shorebird nesting areas are
fenced to exclude pedestrians and speed limits are reduced to five
miles per hour where posted. The piping plover, a threatened species
under the Endangered Species Act, is given special protection once
eggs begin to hatch. Pursuant to federal, state and local law, vehicle
traffic is limited to protect developing chicks not yet able to fly.
During times of beach closures, the Park Manager and his/her designee
reserves the right to restrict or limit vehicle access and determine
or change parking arrangements on Sandy Neck. The Park Manager and/or
Natural Resource Officers have final discretion on all beach parking.
Additional restrictions may apply. Failure to comply with these restrictions
may result in immediate removal from the property for no less than
24 hours and/or revocation of the off-road vehicles (ORVs) permit.
A.
Acts of a lewd or lascivious nature (including public nudity) are
prohibited.
B.
All rubbish and garbage must be kept in suitable containers and removed
from the beach. Burial or burning or dumping of rubbish, garbage or
refuse is prohibited.
C.
Glass beverage containers are prohibited.
D.
No person shall feed, harass, molest or disturb wildlife on Sandy
Neck. No person shall injure or remove any trees, shrubs, plants or
other vegetation from Sandy Neck. Exception: edible fruits and legally
hunted game.
E.
No person shall dig, remove, damage or disturb any artifact on Sandy
Neck. The discovery of any artifact(s) should be reported to the Natural
Resource Officer on duty.
F.
Removal or disturbance of buoys, storm debris, marine salvage, municipal
or private property is prohibited.
G.
No person shall traffic (or allow any pet to traffic) in any posted
area. All persons shall stay on marked trails and keep off all vegetation,
dune faces, steeply sloped dunes, foredunes, and primary dunes. People
who are hunting, berry collecting, involved in professionally led
educational hikes and/or scientific studies are permitted off the
marked trail. All activities require prior approval by the Sandy Neck
Gatehouse.
H.
All dogs must be leashed at all times and in all areas on Sandy Neck
Beach. Leash must be a physical restraint no greater than 15 feet
in length. Exception: dogs actively engaged in the legal hunting of
game. The owner or keeper of any dog shall clean up and properly dispose
of all fecal material deposited by the animal. Dogs involved in dog-bite
incidents must be removed immediately from the beach until further
notice by the Park Manager.
I.
ORV beach curfew.
(1)
In season (May 1 to October 31). No vehicles may enter the beach
between 9:00 p.m. and 8:00 a.m. Vehicles must exit the Sandy Neck
property prior to 10:00 p.m.
(2)
Off season (November 1 to April 30). No vehicles may enter the beach
between 4:00 p.m. and 8:00 a.m. All vehicles must exit prior to 4:00
p.m.
(3)
Self-contained vehicles, fishermen, hunting, cottage owners and their
guests may enter and remain on the beach past curfew if tidal conditions
allow. Fisherman and hunters may engage in such activities, provided
that they are in compliance with these regulations as determined by
the officer on duty. Curfew may be moved forward as tidal conditions
warrant.
J.
All organized gatherings at Sandy Neck involving 20 or more individuals
must obtain a special permit from the Park Manager. A special permit
is also required in order to conduct scientific research on Sandy
Neck. Fees may apply. Please call the Sandy Neck Gatehouse for further
information (508-362-8300).
K.
Campfires.
(1)
A Sandy Neck campfire permit is required.
(2)
This campfire permit is included with an ORV permit.
(3)
All other patrons wishing to have a campfire may purchase a permit
at the Sandy Neck Gatehouse after 5:00 p.m. on the day they wish to
have the campfire. Permits may be limited.
(4)
Weather permitting, open campfires on the front beach are allowed
in season (May 1 to October 31) after sunset or 7:00 p.m. only, whichever
is earlier. Campfires are prohibited at all other times of the year.
(5)
A campfire permit holder (which includes all ORV permit holders)
is responsible for adhering to the Sandy Neck Beach Park Regulations.
(6)
Campfires located on the ORV Beach must be at least 10 feet from
the Cape Cod Bay side of the established ORV corridor and must not
impinge on vehicular travel.
(7)
All fires shall be doused with water before being buried.
(8)
The burning of wood pallets or garbage is prohibited at Sandy Neck.
(9)
The Park Manager or Natural Resource Officers have final discretion
on all fires.
(10)
No portable or permanent saunas are allowed on Sandy Neck Beach
Park. All other leisure and/or recreational devices may be removed
from the beach per the Park Manager for safety concerns and/or natural
resource protection.
L.
All people sleeping overnight at Sandy Neck shall remain inside self-contained
vehicles. No tenting lean-tos, camping trailers, or temporary shelters
are allowed. Registered owners will be responsible to ensure that
their guests are not sleeping outside of said vehicles, i.e., in sleeping
bags, tents, chase vehicles, or any other manner. Tenting in designated
areas is allowed at the discretion of the Park Manager (permit required).
M.
The discharge of gray water or wastewater from holding tanks, portable
toilets, sinks, or any other source is prohibited.
N.
If high tide forces passage within 15 feet of the toe of the dune
or any vegetation, the beach shall be considered closed, with no traffic
being allowed to travel either off or on, until the Park Manager or
the Natural Resource Officer on duty has determined the tide has receded
to an appropriate level.
O.
When vehicle limits reach capacity, there will be no waiting lines
(no one off - one on policy) or spot saving. Access will be on a first-come,
first-serve basis. Cottage owners and their guests, and chase vehicles
returning from emergency work (with a valid hangtag), will be allowed
access over the beach if tidal conditions permit.
P.
The Park Manager reserves the right to close or limit use of Barnstable's
land at Sandy Neck to all ORVs, horses, dogs, bikes and/or pedestrian
and recreational traffic when public safety, wildlife habitat, tidal
or extreme weather conditions warrant. This includes access for fishing,
shellfishing, and hunting.
Q.
No refunds will be granted for any reason, including foul weather,
evacuations, personal emergencies, or limitations on access.
R.
All-terrain vehicles, dirt bikes, electric and electric assist bikes,
and snowmobiles are prohibited at Sandy Neck.
S.
Motorized personal watercraft (jet skis) are prohibited on Sandy
Neck in all areas except Beach Point and the Great Marsh. Transporting
a personal watercraft via the ORV corridor is prohibited.
T.
Permit holders are responsible for the safe operation of their vehicle
and compliance with all Sandy Neck regulations by all operators and
passengers of their vehicle. The penalty for violations by permit
holders as well as nonowners and/or guests may include suspension
and/or revocation of the ORV permit.
U.
Vehicle operation on those areas of Sandy Neck owned by the Town
of Barnstable, by election to exercise the privilege of driving on
this Town property, which is not a public way, are subject to being
stopped by Natural Resource Officers or the Park Manager (or any other
employee designated by the Town Manager to enforce the regulations
at Sandy Neck) in order to ascertain the identification of the occupants,
and to determine if there are violations of the Sandy Neck Beach Park
Regulations and/or the Barnstable General Ordinances.
V.
The use of generators is prohibited between the hours of 10:00 p.m.
and 8:00 a.m.
W.
The use of fireworks (including sky lanterns) is prohibited.
X.
Using, launching, landing or operating an unmanned aircraft from
or on land or waters associated with Sandy Neck Beach Park is prohibited
except as authorized by a special permit issued by the Park Manager.
Special permits may be issued for the purposes of research or education
or in conjunction with an event authorized by a Town of Barnstable
event or film permit. This permit requirement may be waived for law
enforcement activities conducted by law enforcement agencies. All
permits shall require compliance with applicable local, state and
federal law.
A.
All off-road vehicles (ORVs) must carry the following equipment:
(1)
Spare tire. The spare shall be the same tire and wheel size as the
other four tires mounted on the vehicle (trailer included). Exception:
intermediate size spare tires may be acceptable at the discretion
of Sandy Neck Staff and two-wheel drive motor homes and dune buggies
must carry one spare tire of sufficient height and aspect ratio to
allow the vehicle to drive off the beach under its own power should
any of the tires mounted on the vehicle fail.
(3)
Jack: standard type jack or hydraulic jack.
(4)
Support board: minimum size 18 inches by 18 inches, plywood of 3/4
inch or steel 1/4 inch thick.
(5)
Shovel: heavy duty, equal to military folding type or better.
(6)
Tire gauge: low-pressure type, must register 10 pounds per square
inch (psi) or lower (air downs and built-in vehicle tire pressure
sensors are not considered an acceptable tire gauge).
(7)
A bucket suitable for extinguishing campfires.
(8)
Sandy Neck Beach Park Regulations and tide current chart (both provided).
(9)
Self-contained vehicles must carry a measuring device that determines
a thirty-foot distance and an operational carbon monoxide detector.
B.
It is recommended that all ORVs are equipped with a fire extinguisher
and a first aid kit.
C.
Minimum acceptable tire rim size for all ORVs is 13 inches.
E.
Self-contained vehicles.
(1)
Self-contained camping vehicles are allowed to stay overnight when
equipped with a permanently installed sanitary unit with holding tanks
for sewage and gray water, and adequate built-in bed space for each
member of the camping party. Detachable gray or black water overflow
tanks are prohibited.
(2)
Maximum stay for self-contained vehicles is 96 hours. All self-contained
vehicles shall exit the beach for a minimum of 24 hours before being
readmitted. Self-contained vehicles must be attended overnight by
a qualified driver. The Park Manager or Natural Resource Officers
may reduce the maximum stay of a self-contained vehicle.
(3)
Properly equipped two-wheel drive permanently self-contained vehicles
are allowed, subsequent to a beach driving test that is supervised
by the Park Manager or a Natural Resource Officer. Tests are available
Monday through Thursday only by appointment. Vehicles with ORV permits
from the prior calendar year do not need to repeat the trial run unless
ownership of said vehicle has changed.
(4)
Only one designated chase vehicle is permitted per self-contained
vehicle.
(5)
In season (May 1 to October 31), all self-contained vehicles, and
associated chase vehicles, must purchase an overnight camping permit
in order to stay on the beach past curfew. Self-contained vehicles,
arriving for their stay, must be on the beach by no later than 9:00
p.m.
F.
Motor vehicle operation.
(1)
Speed limit.
(a)
No person shall operate a motor vehicle on Sandy Neck at a rate
of speed greater than is reasonable and proper, or in excess of posted
speed limits.
(b)
In season (May 1 to October 31), unless otherwise posted, speed
limit shall be five miles per hour. Speed shall not exceed 15 miles
per hour at all other times.
(c)
Maximum speed near shorebird nesting areas is five miles per
hour.
(2)
Permits.
(a)
The only vehicles eligible for an ORV permit are Park-Manager-approved
all-wheel or four-wheel drive vehicles as well as two-wheel drive
motor homes and suitably equipped dune buggies.
(b)
All motor vehicles operating over sand on Sandy Neck must have
a valid Sandy Neck ORV permit affixed to the lower left-hand corner
of the vehicle's windshield (or as directed by the Gatehouse
staff).
(c)
The ORV permit does not afford access to parking in the public
beach parking lot during business hours.
(d)
Those with suspended permits must remove the associated sticker
from the vehicle at the time of notification.
(3)
No person shall operate a motor vehicle on the following areas:
(a)
The designated public bathing beach; or
(b)
The toe of the dune: defined as the foredune and/or vegetation
area; or
(c)
Below the berm: defined as the foreshores and tidal flats; or
(d)
Outside of the established ORV corridor; or
(e)
Posted shorebird nesting areas or other closed areas; or
(f)
Within the inner dune routes and cross trails without a valid
trail pass.
(4)
Beach parking.
(a)
All vehicles shall be parked parallel to the frontal dune, at
least 30 feet from the dune fence line, unless otherwise directed
by the Sandy Neck staff.
(b)
For ORV corridor safety, all portions of the vehicle and beach
accessories must be at least 30 feet from the dune fencing line unless
otherwise directed by the Sandy Neck staff. This includes (but is
not limited too): slide-outs, awnings, grills, etc.
(c)
Further parking location restrictions on self-contained vehicles
over 33 feet in length may be enacted by the Park Manager.
(d)
No parking within posted shorebird nesting areas.
(e)
In the off season when dune fencing is absent, vehicles must
be parked at least 15 feet from the toe of the dune. In addition,
parking on dune vegetation is prohibited.
(f)
The Park Manager or Natural Resource Officers have final discretion
on all beach parking.
(5)
Self-contained vehicles shall always have the right-of-way due to
size and weight of the vehicle. Otherwise, vehicles with the Cape
Cod Bay on the driver's right have the right-of-way.
(6)
No person shall obstruct the established ORV corridor or park so
as to impede vehicle travel within said corridor unless directed by
Sandy Neck staff.
(7)
No person shall operate a passenger vehicle (or tow a trailer) with
tire pressure in excess of 18 psi. (Self-contained campers shall maintain
tire pressure appropriate for the vehicle.)
(9)
Riding on the tailgate, roof, bumper or any exterior portion of a
vehicle not designed to carry passengers is prohibited. Standing in
truck beds or sitting on truck bed rails is prohibited.
(10)
All holes, campfire remains or alterations of the beach shall
be restored to natural condition.
A.
Hunting, possessing, taking, molesting or disturbing deer within
the boundaries of Sandy Neck, unless authorized by the Town Manager
or Park Manager is prohibited.
B.
Discharging a firearm within the boundaries of Sandy Neck from Memorial
Day to Labor Day is prohibited.
C.
No person shall hunt any game, except Massachusetts Division of Fisheries
and Wildlife migratory game birds, without wearing a hunter orange
cap or hat. Hunter orange vest or coat is also recommended.
D.
All hunters must check in at the Sandy Neck Gatehouse prior to and
at the conclusion of their hunt.
E.
Hunting or discharging a firearm or releasing an arrow upon or across
the front beach, that area between the primary dune and the high-water
mark, without written permission from the Town Manager or the Park
Manager is prohibited.
F.
Discharging a firearm or releasing an arrow is prohibited on and
within 150 feet of the access trail and front beach, or within 500
feet of any public building or structure, or any occupied dwelling.
Discharge of a firearm or release of an arrow for any means other
than hunting within the grounds of Sandy Neck Beach Park is strictly
prohibited.
G.
Hunting for in-season game shall occur between 1/2 hour before sunrise
and sunset only.
A.
All shellfishing at Sandy Neck requires a valid Town of Barnstable
shellfishing permit.
B.
A Sandy Neck shellfish trail pass must be obtained in order to utilize
the cross trails by vehicle to access the shellfishing areas. A shellfish
trail pass can be obtained at the Sandy Neck Gatehouse (508-362-8300).
C.
The launching of motor vessels from Sandy Neck and their operation
in waters offshore must be conducted in accordance with the provisions
of Massachusetts General Law Chapter 90B and Barnstable General Ordinances.
D.
All fishermen must be actively engaged in fishing to remain past
curfew as well as receive approval from a Natural Resource Officer
on duty. Equipment shall be no more than 10 feet from the water.
E.
Violations may result in fines and/or the revocation of trailers
and/or ORV permits.
A.
Horseback riding shall be allowed on the Cape Cod Bay Trail (front
beach to Trail No. 5), and on the Braley's Dune Trail (known
as the "Horse Trail") only. All riders must enter the beach via the
Access Trail.
B.
Between the Friday before Memorial Day and the day after Labor Day,
the following restrictions shall apply:
C.
All riders shall obtain a daily permit and register at the Sandy
Neck Gatehouse before entering the beach.
D.
All organized trail rides of eight or more horses must be approved
by special permit issued by the Park Manager.
E.
All riders shall stay on trails designated for use by horses.
F.
All riders shall remove horse droppings from the parking lot.
G.
Riders must maintain a buffer of 100 feet between the horses and
all bathers.
H.
All riders must wear a Safety Equipment Institute (ASTM/SEI) approved
horseback riding helmet.
I.
Note: It is recommended that riders on the front beach after sunset
wear reflective clothing.
A.
Off-road vehicle (ORV) permits are available at the Sandy Neck Gatehouse.
B.
Vehicles leased for a minimum term of one year will be allowed to
register for over sand travel. Vehicles rented or leased for shorter
terms are ineligible for over sand permits.
C.
A valid registration is required in order to purchase an ORV permit
(no dealer, farm, or repair plates).
D.
Proof of residency is required in order to obtain a Barnstable ORV
permit. Residency can be proven by:
(1)
Tax bill.
(2)
Minimum one year property lease.
(3)
Vehicle registration with a street address (PO box is not sufficient).
(4)
Other legal documents, such as a deed or will (this does not include
utility bills, excise tax bills, etc.).
(5)
College students may provide a tuition bill with a Barnstable address.
E.
Barnstable residents wishing to obtain an ORV permit must have their
vehicle registered in their name (or the name of a person residing
at the same address) unless:
F.
All ORV permits (issued by the Sandy Neck Gatehouse) and resident
parking permits (issued by the Barnstable Recreation Division and
the Town of Sandwich) are not valid unless they are permanently affixed
to the lower left-hand corner of the vehicle's windshield and
the license plate number on the vehicle matches the permit (except
for authorized laminated permits). The protective sheet must be removed
from the adhering side of the sticker and the permit must be adhered
to the windshield of the vehicle.
A.
In addition to Sandy Neck Beach Park Regulations, all applicable
Town of Barnstable ordinances and Massachusetts General Laws apply
at Sandy Neck and will be enforced.
B.
The Park Manager and Natural Resource Officers will enforce the provisions
of Town ordinances on all public lands at Sandy Neck, including all
parking areas, public ways, the Great Marsh and Bodfish Park.
C.
Warnings. Any person receiving two warnings in one calendar year
may have their ORV permit suspended or revoked.
D.
Citations. Any person receiving a citation may have their ORV permit
suspended or revoked. A citation issued for a hunting violation may
result in the suspension of the individual to hunt.
E.
The Park Manager or his/her designee, may issue ORV permit suspensions
or revocations and hunting suspensions for any violation of Massachusetts
General Laws, Town ordinances, or Sandy Neck Beach Park Regulations.
Suspensions and revocations may be issued for any action which jeopardizes
the property or safety of another person, or for any action that causes
another person to be fearful for their safety and/or their property.
F.
Abusive, inappropriate or aggressive behavior toward other beach
users and/or Sandy Neck staff will result in the violator's removal
from the beach for no less than 24 hours. In addition, violators may
have their ORV permit suspended or revoked.
G.
The Park Manager reserves the right to suspend or revoke beach access
to a dog as a result of aggressive behavior and/or due to irresponsible
pet ownership.
H.
Any person who is issued a suspension or revocation notice will be
provided the opportunity for a hearing with the Director of the Marine
and Environmental Affairs Division. Any person desiring such a hearing
must submit a written request for said hearing postmarked within five
business days of the effective date of the suspension. An appeal of
the Director of the Marine and Environmental Affair's decision
may be filed with the Office of the Town Manager within five days
of issuance of said decision.
I.
After revocation of an ORV permit, the individual may be eligible
to purchase an ORVs permit in future years at the discretion of the
Park Manager.
J.
The Park Manager and the Director of Marine and Environmental Affairs
are authorized by the Barnstable Town Manager to issue no trespass
orders on all public lands at Sandy Neck, including all parking areas,
public ways, the Great Marsh and Bodfish Park.
Alcoholic beverages are prohibited on all public lands at Sandy
Neck including all parking areas, public ways, the Great Marsh and
Bodfish Park.
A.
Violations of any provisions of Sandy Neck regulations may be punished
by a noncriminal fine ($300), and/or loss of beach privileges. Criminal
acts are subject to enforcement as allowed by the Town of Barnstable
ordinances or the General Laws of the Commonwealth.
B.
The provisions of these regulations may be enforced utilizing the
procedures contained in Massachusetts General Law c. 40, § 21D,
as a noncriminal alternative.
If you have any questions pertaining to Sandy Neck operations,
call the Gatehouse at 508-362-8300 or the Marine and Environmental
Affairs Office at 508-790-6272.
