LOCAL REGULATIONS
[1]Definitions
Vegetated
Wetlands – Any area of at least 300
square feet where surface or groundwater, or ice, at or near the surface of the
ground support a plant community dominated (at least 50 per cent) by wetland
species or have created hydric soils.
Unvegetated
Wetlands – Coastal areas, such as flats
and unvegetated intertidal areas; coastal and freshwater beaches, dunes, and
banks; and land subject to flooding.
Also, inland areas subject to flooding which do not support wetland
vegetation or contain hydric soils, but which store at least 1/8 acre feet of
water to an average depth of six inches at least once a year, or the
statistical equivalent, and land areas two feet or less vertically above the
high water mark of any lake or pond defined by Chapter 12 of the General
By-Laws of Provincetown; regulations promulgated by the Provincetown
Conservation Commission or 310 CMR. Does
not include swimming pools, artificially lined ponds or pools, wastewater
lagoons, or stormwater runoff basins, the construction of which may be
regulated but do not themselves constitute regulated areas.
Bog – A freshwater wetland characterized by peat
accumulation usually dominated by moss. Receives only direct precipitation;
characterized by acid water, low alkalinity, and low nutrients.
Marsh
– A freshwater or coastal wetland permanently
or periodically inundated characterized by nutrient-rich water.
Swamp
– A freshwater wetland characterized by
forest, shrub, or reed cover (called a fen). Mostly refers to a forested
wetland in
Wet Meadow - An open prairie, grassland or
savannah with waterlogged soils but without standing water for most of the
year.
Flats – The intertidal shore along the
coast. Flats may be rocky, muddy, or
sandy. They are inundated daily by the
tides but the resource area extends inland to the highest spring tide water
mark. A portion of the resource area
flats may overlap with coastal beach or other related resource areas.
River – Any natural flowing body of water
that empties to any ocean, lake, pond, or other river and which flows
throughout the year.
Stream – A body of running water, including
brooks and creeks, which moves in a definite channel in the ground due to a
hydraulic gradient, and which flows within, into, or out of a resource area as
defined by Chapter 12 of the Provincetown General By-Laws, regulations
promulgated by the Provincetown Conservation Commission or any Area Subject to
Protection under 310 CMR. A stream is
generally smaller than a river and may flow intermittently or throughout the
year.
Reservoir – A man-made lake created when
a dam is built on a river.
Ponds – Any open body of fresh water which
exists throughout the year except in times of severe drought.
Estuaries – Any embayment or partially
enclosed coastal body of water where the tide meets the current of any stream
or river. Also, any are where fresh
water and salt water mix and tidal effects are evident.
Agriculture – Any work with produces food
or other products for commerce or subsistence.
This term shall include aquaculture.
Protection of Land Containing Shellfish – means protection of the capacity of an Area Subject
to Protection Under M.G.L. c. 131, Section 40:
(a) to prevent or reduce contamination or damage to
shellfish; and
(b) to serve as their habitat and nutrient source.
Land Containing Shellfish –means land under the ocean, tidal flats, rocky
intertidal shores, salt marshes and land under salt ponds when any such land
contains shellfish.
Shellfish; mean the following species – Bay scallop (Argopecten irradians); Blue mussel (Mytilus edulis); Ocean
quahog (Arctica islandica); Oyster (Crassostera virginica); Quahog (Mercenaria magellanicus); Soft shell
clam (Mya arenaria).
Shellfish Constable – means the official in a city or town, whether
designated a constable, warden, natural resources officer, or by some other
name, in charge of enforcing the laws regulating the harvest of shellfish.
Land Under the Ocean – means land extending from the mean low water line
seaward to the boundary of the municipality’s jurisdiction and includes land
under estuaries.
Nearshore Areas – as defined in 310 CMR 10.25
[2]Hiring Outside Consultants
As provided by GL Ch. 44 §
53G, the Provincetown Conservation Commission may impose reasonable fees for
the employment of outside consultants, engaged by the Conservation Commission,
for specific expert services deemed necessary by the Commission to come to a
final decision on an application submitted to the Conservation Commission
pursuant to the requirements of the Wetlands Protection Act (GL Ch. 131 § 40),
the Town of Provincetown
non-zoning Wetlands Bylaw (Provincetown General Bylaws Chapter 12),
Conservation Commission Act (GL Ch. 40 § 8C), or any other state or municipal
statute, bylaw or regulation, as they may be amended or enacted from time to
time. The Commission may require the
payment of the consultant fee at any point in its deliberations prior to a
final decision. The exercise of
discretion by the Commission in making its determination to require the payment
of a consultant fee shall be based upon its reasonable finding that additional
information or technical assistance acquirable only through outside consultants
would be necessary for the making of an objective decision. Upon such finding, the Conservation
Commission shall request the applicant to provide a statement regarding the
total project cost. Such statement may
be used by the Commission to determine the amount of consulting fees to be
deposited by the Applicant, per the schedule of fees included within the Town’s
Wetland Protection By-law.
Funds received by the
Conservation Commission pursuant to these rules shall be deposited with the
town treasurer who shall establish a special account for this purpose.
Expenditures from this special account may be made at the direction of the
Conservation Commission without further appropriation as provided in GL Ch. 44
§53G. Expenditures from this account shall be made only in connection with the
review of a specific project or projects for which a consultant fee has been
collected from the applicant. Accrued
interest may also be spent for this purpose.
At the completion of the Commission’s review of a project, any excess amount
in the account, including interest, attributable to a specific project shall be
repaid to the applicant or the applicant’s successor in interest. A final report of said account shall be made
to the applicant or the applicant’s successor in interest. For the purposes of this regulation, any
person or entity claiming to be an applicant’s successor in interest shall
provide the Commission with documentation establishing such succession
interest.
Specific consultant services
may include but are not limited to resource area survey and delineation,
analysis of resource area values, hydro geologic and drainage analysis, impacts
on municipal conservation lands, and environmental or land use law. The
consultant shall be chosen by, and report only to, the Commission and/or its
Administrator or Agent. Consultants
include, but are not limited to, engineers, planners, wetland scientists,
surveyors, attorneys or other professionals with experience in the matters that
are the subject of the Commission’s proceedings. All requests for meetings, site visits,
reports, and questions of the consultant shall be routed through the
Conservation Commission, Administrator or Agent unless the Commission
authorizes the Consultant to work directly with the applicant to resolve
project-related issues. The Commission
shall provide a copy of all consultant reports to the applicant in a timely
manner.
The Conservation Commission
shall request a written estimate from a qualified consultant(s) of its choosing
as to the cost of providing the request services. The Conservation Commission shall then give
written notice to the applicant of the selection of an outside consultant,
which notice shall state the identity of the consultant, the amount of the fee
to be charged to the applicant, and a request for payment of said fee in its
entirety. Such notice shall be deemed to have been given on the date it is
mailed or delivered. No such costs or expenses shall be incurred by the
applicant if the application or request is withdrawn within five days of the
date notice is given.
The fee must be received in
its entirety prior to the initiation of consulting services. The Commission may
request additional consultant fees if necessary review requires a larger
expenditure than originally anticipated or new information requires additional
consultant services. In no event shall the total consultant fee be greater than
the maximum allowed under the Provincetown Wetlands Bylaw. Failure by the applicant to pay the
consultant fee specified by the Commission within ten (10) business days of the
request for payment shall be cause for the Commission to determine that the
application is administratively incomplete (except in the case of an appeal),
and the Commission shall state such in a letter to the applicant. No additional
review or action shall be taken on the permit request until the applicant has
paid the requested fee. Repeated
failures to pay deposit funds for consultant fees shall be grounds for
dismissal of the applicant’s application, petition and/or notice of intent.
The applicant may appeal the
selection of the outside consultant to the Board of Selectmen, who may
disqualify the outside consultant selected only on the grounds that the
consultant has a conflict of interest or does not possess the minimum required
qualifications. The minimum qualifications shall consist of either an
educational degree or three or more years of practice in the field at issue or
a related field. Such an appeal must be in writing and received by the Board of
Selectmen and a copy received by the Conservation Commission, so as to be received
within ten (10) days of the date of the Commission’s notice of selection of the
proposed consultant. The required time limits for action upon the application
shall be extended by the duration of the administrative appeal. In the event that the Board of Selectmen
makes no decision within one month following the filing of the appeal, the
selection made by the Commission shall stand.
Article 1 - Beach Access/Parking: Harbor Beaches
Anyone wishing to drive on or park on any
The driver and/or registered owner of a motor vehicle in
operation and/or parked upon the beaches, flats or any “Resource Area” found to
be doing so without a permit, sticker or form by the Conservation Commission
Enforcement Officers, the Shellfish Constable or the Provincetown Police shall
be fined $100.00 for the first violation, $200.00 for the second violation,
$300.00 for the third violation, etc.
The Conservation Commission has the authority to issue
this Regulation for State owned and “private” beaches because it is the
enforcing authority for the State Wetlands Protection Act (MGL #131, sec. 40)
as well as the Provincetown Wetlands By-Law.
The reasons for this Regulation is that driving
of vehicles on the beaches, etc., alters a state or town defined resource area.
1.1 Procedure:
Anyone wishing to obtain a Beach Access sticker or form shall apply to the
Department of Regulatory Management in Town Hall. A simple, one-page form
is completed with the boat license number, lobstering number, aquaculture
license number, or etc.
Access Stickers: The Shellfish Committee
will supply the Department of Regulatory Management with lists of all lobstermen,
small boat fishermen, aquaculture works and frequent recreational boat users
known to them. The names of applicants on these lists will be immediately
approved by the Conservation Commission Enforcement Officers. Upon
payment of a $15.00 fee, the applicant will be issued a sticker that is good
for one year.
Access Forms: Those driving on the
beach one time, i.e., installing a mooring, etc., or for a short period of time
– two weeks or less – i.e., bulkhead repairs, etc., follow the above
procedure with an explanation of the reason for the beach access in the lower
half of the form. Upon approval and payment of a $2.00 fee, the applicant
will be given a copy of the application form to be posted inside the vehicle
windshield.
Appeals: Applicants denied an access
sticker or short-term application form may apply to the Commission to be put on
the agenda for the next Public Meeting of the Conservation Commission.
The final decision will be made by the Conservation Commission and the Chair of
the Shellfish Committee.
Article 2. 50 Foot Buffer
Pursuant to the regulation of activity under Chapter
12 of the Town of
By-laws in the 100 ft. buffer zone of resource areas
given in 310 CMF (l)(a) and given
in Chapter 12 Section 2 the following performance
standard shall be
satisfied.
An undisturbed buffer zone 50 ft. in width shall be
provided between wetland resource areas and the limit of site disturbance. It is recommended that proposed structures
within the buffer zone be located no closer than 20 ft. from the landward limit
of the buffer so that attendant construction, landscaping and maintenance
activities may ensue without buffer zone insult.
This regulation shall not be construed to preclude
access paths, vista pruning or construction of water dependent structures
within the buffer zone, any of which may be permitted at the Commission’s
discretion.
These regulations notwithstanding, the Conservation
Commission will consider any and all proposals for activity within the buffer
zone on a site specific basis, disposing of each according to its merit and the
degree to which wetland interests have been protected and preserved at the
locus.
Article 3. Administrative Review
To better serve the public’s
interests under Chapter 12 of the Provincetown General By-Law, the Conservation
Commission or their agent shall accept and review applications for an
Administrative Review. A nonrefundable
Administrative Review fee shall be collected at the time of submittal.
3.1 Such Review shall constitute an administrative
opinion as to whether or not a project proponent needs to submit a filing to
the Conservation Commission. An opinion
will be provided in writing within 2 weeks and shall serve as evidence of the proponent’s
due diligence to comply with Chapter 12 of the Provincetown General
By-law. The Commissioners shall be
copied on all Administrative Reviews.
3.2 Any person who disagrees with the opinion provided
may file a Request for Determination of Applicability as a means to appeal the
decision.
3.3 The Administrative Review may be appealed due to
lack of action after two weeks by filing a Request for Determination of
Applicability.
3.4 The project proponent shall understand that any work
beyond the scope of the Administrative Review shall be subject to enforcement
action.
3.5 The opinion provided under the Administrative Review
shall be considered accurate for one year unless relevant changes are made to
the Provincetown General By-Law or to the regulations promulgated thereunder. The Administrative Review process is not
meant to provide relief from new regulations unless work under the Review has
begun prior to the effective date of any changes.
3.6 Minimum submissions shall include the property
address, map and parcel, full scope of work and a G.I.S. sketch plan.
Article 4.
Pursuant to Chapter 12 of the Provincetown General
By-law, the
Conservation Commission promulgates the following
vista pruning regulations:
4.1
4.2 No work is allowed in a resource area, except as
specifically permitted by the
Commission in Land Subject to Coastal Storm Flowage,
Land Subject to Flooding, and Coastal
Banks.
4.3 Prior to a required site visit by the
Conservation Agent, live trees and dead trees for which removal is requested
should be flagged with tape.
4.4 Removal of trees is by flush cutting,
not digging. If at all possible, cut
trees or limbs should remain in the buffer zone to provide habitat value. Transport of the cut wood or brush to outside
of the buffer zone shall be by hand, not with the use of heavy equipment.
4.5 In regards to live trees and dead
trees:
a) Removal is generally not
allowed. Exceptions would be with
express approval from the Commission or Agent and generally due to hazards to
buildings.
b) Limbing of dead wood on a live
tree is permitted.
c) Limbing of lower branches is
limited to no more than 20% on an individual tree.
d) Limbing is not permitted
between January 15 and September 30 to protect tree viability and nesting
habitat.
e) Topping is not permitted
without express approval.
4.6 In regards to shrubs and brush:
a) No cutting or thinning
allowed except of dead material.
4.7 In regards to ground cover:
a) No disturbance is permitted.
4.8 In regards to greenbriar and other
climbing vines:
a) Removal, by hand-pulling or
clipping around base of tree, is permitted.
Some vines may require clipping around the base and dripping permitted
herbicide on the cut stem.
4.9 The extent of pruning allowed is at the discretion
of the Agent. Work requested beyond that
approved by the Agent may require additional filings.
4.10
Article 5. Wetlands Protection Violations.
Pursuant to Chapter 12 of the Provincetown General
By-Law, violations shall be
as follows:
The Commission shall have authority to enforce
Chapter 12 of the Provincetown Bylaws (Wetlands Protection Bylaw), its
regulations, and permits issued thereunder by violation notices, enforcement
orders, under the Town’s non-criminal disposition section of its general
bylaws, pursuant to G.L. c. 40, §21D, and civil and criminal court
actions. Any Police Officer,
Conservation Agent, Harbormaster, or Shellfish Constable shall have authority
to enforce these regulations. Any person
who violates provisions of the wetlands bylaw and its regulations may be
ordered to restore the property to its original condition and take other action
deemed necessary to remedy such violations, or may be fined, or both.
Any person, who violates any provision of the wetland
bylaw, or regulations, permits, or administrative orders issued thereunder,
shall be punished by a fine of $300.
Each day or portion thereof during which a violation continues, or
unauthorized fill or other alteration remains in place, shall constitute a
separate offense, and each provision of the wetlands bylaw, regulations,
permits, or administrative orders violated shall constitute a separate offense.
5.1 Violations shall be categorized as follows:
a) Type 1:
any unauthorized removing, filling, dredging, building upon, degrading, or
discharging into, or otherwise altering of any of the following resource areas:
any freshwater or coastal wetlands; vegetated and unvegetated wetlands;
marshes; flats; wet meadows; bogs; swamps; vernal pools; banks; reservoirs;
lakes; ponds of any size; rivers; streams; creeks; beaches; dunes; estuaries;
the ocean; lands under water bodies; lands subject to flooding or inundation by
groundwater or surface water; lands subject to tidal action, coastal storm
flowage, or flooding;
b) Type 2:
any unauthorized removing, filling, dredging, building upon, degrading, or
discharging into, or otherwise altering within 100 feet of any of the following
resource areas: any freshwater or coastal wetlands; vegetated and unvegetated
wetlands; marshes; flats; wet meadows; bogs; swamps; vernal pools; banks;
reservoirs; lakes; ponds of any size; rivers; streams; creeks; beaches; dunes;
estuaries; the ocean; lands under water bodies; lands subject to flooding or
inundation by groundwater or surface water; lands subject to tidal action,
coastal storm flowage, or flooding;
c) Type 3:
failure to comply with an enforcement order issued by the Provincetown
Conservation Commission or its agents.
d) Type 4:
any unauthorized activity beyond the scope of an Order of Conditions,
Determination of Applicability or Certificate of Compliance issued by the
Conservation Commission. Any unauthorized activity beyond the scope of an
Administrative Review issued by an agent of the Conservation Commission. Making any false, inaccurate or misleading
statements in any filing. Failure to
comply with any certification on project plans.
Leaving in place unauthorized fill or otherwise failing to restore
illegally altered land to its original condition.
5.2 Penalties
for violations shall be as follows:
Violation Fine
a) Type 1 $300
b) Type 2 $300
c) Type 3 $300
d) Type 4 $300
Article 6.
Under the terms of the
Conservation Commission Act, Conservation land is received and held "in
the name of the city or town." The Conservation Commission has a clear
authority under the Conservation Act to adopt rules and regulations for the use
of its land. The Town of
6.1 All people are welcome to enjoy themselves without
charge in Conservation lands from ½ hour before sunrise to ½ hour after sunset.
6.2 No person shall litter or engage in illegal
dumping. This shall mean the leaving of
any foreign materials on Conservation land.
This includes, but it not limited to, pet waste, food waste and
cigarettes.
6.3 No cars, trucks or other powered vehicles or tools
except for municipal vehicles are allowed except on designated roads.
6.4 The use of firearms is prohibited, except on the
Clapp’s Pond Property when use in accordance with any other applicable laws.
6.5 No trapping, hunting or collecting of flora and
fauna is allowed on Conservation lands. Hunting is not prohibited on the
Clapp’s Pond Property when in accordance with any other applicable laws.
6.6 For public safety reasons,
unpermitted fires are not allowed. For public health, safety and environmental
reasons camping is not permitted on the lands.
6.7 Consumption of alcoholic beverages is not permitted
on Conservation property.
6.8 No person shall cut, break, remove, deface, defile,
or ill-use any structure, fence, sign, or have possession of any part there
of. No trees, bushes, plants, or flowers
shall be defaced or cut, nor shall trails be cut or marked, nor dams built, nor
any structure such as a lean-to, bridge, tower, handrail or barrier be
constructed without authorization of the Conservation Commission. No person
shall conduct ground (i.e. soil) disturbing activities.
6.9 No person shall engage in business, sell, expose for
sale or give away any goods, wares or circulars without permission from the
Conservation Commission.
6.10 Pursuant to Town of Provincetown By-laws Chapter 2
-3, and MGL Chapter 40, § 21D, regarding the establishment of a
noncriminal disposition process, the Commission does hereby promulgate the
following regulation and penalty schedule for its land management rules and
regulations for properties which the Commission both controls and directly
manages:
Violation Fine
a) Littering $300
b) Illicit dumping $300
c) Unauthorized vehicle use (cars, trucks, ATV’s, powered
vehicles
or tools, motorcycles/dirt bikes, etc.)
First $100
Second $200
Third or more $300
d) Cutting or removal of vegetation, soil, stone $200
e) Consumption of alcoholic beverages $100
f) Camping $200
g) Defacing or destruction of any structure, sign or gate $200
h) Hunting or use of firearms $300
6.11 The Conservation Commission, its agents and any Town
Police Officer or Natural Resources Officer shall have the authority to issue
citations assessing monetary fines, depending on the extent and severity of the
violation.
6.12 Failure to pay a fine assessed under
this regulation within 21 days may result in criminal prosecution.
[3]Article 7.
Beach Cleaning
Mechanical beach raking,
which is used to remove debris from the shoreline, can help to remove floatable
material from beaches and marine shorelines. However, it can also be harmful to
aquatic vegetation, nesting birds, sea turtles, and other types of aquatic
life. Beach raking not only prevents the natural re-vegetation process, but it
reduces the integrity of the sand root mat just below the surface that is
important in slowing beach erosion. Other problems include disturbance of
vegetation if raking is conducted too close to a dune. By removing seaweed,
beach erosion can also be caused. Sand compaction is reduced when seaweed is
removed, resulting in suspension of the sand in the water during high tides and
contributing to loss of sand and erosion of the beach. Beach cleaning machines
are harmful to nesting birds and can destroy potential nesting sites, crush
plover nests and chicks, and remove the plovers' natural wrack-line feeding
habitat. Beach raking removes driftwood, seaweed, and
other debris used by organisms for shelter, especially nesting seabirds, and
may disrupt nutrient cycles and remove prey organisms from foraging areas where
wildlife forages on the beach. Other methods of beach cleaning, including but not limited to smoothing
with a blade, hand raking, and burying debris under the surface of the beach,
are likely to result in similar detrimental effects. For these reasons, and pursuant to Chapter 12
of the Provincetown General By-law, the Provincetown Conservation Commission
promulgates the following beach cleaning regulations:
7.1
No cleaning, raking, or otherwise altering of coastal beaches shall be
conducted without a valid Order of Conditions specifically permitting, and
detailing the methods of, the beach alterations.
7.2 Beach cleaning shall not be permitted unless
the applicant provides a clear showing that it is for the benefit of the health
and safety of the general public.
7.3 Cleaning or raking of a beach shall be
accomplished in such a manner as to preserve the existing form, volume and
grain size distribution of the beach.
All feasible efforts shall be made to preserve the natural organic
content of the beach.
7.4 Cleaning or raking of a beach shall be
accomplished without removal or destruction of vegetation or the impairment of
the growth of such vegetation.
7.5
Cleaning or raking of a beach is prohibited in the drift line zone due to the
sensitive nature and high wildlife habitat value of this portion of the
beach. The drift line zone consists chiefly of organic material deposited on
the backshore during high spring tides or storms. Drift lines may contain large
quantities of marine algae, eelgrass, and marsh detritus. Bacteria and fungi
quickly break down this organic matter, releasing nutrients into the sand and
eventually back to the sea.
7.6 These
regulations shall not be construed to preclude hand removal of unnatural debris or recreational
and minimally invasive “beachcombing” or reasonable traditional uses, any of
which may be allowed without permitting at the Commission’s discretion. The Commission strongly encourages the hand
removal of unnatural debris.
7.7
These regulations notwithstanding, the Conservation Commission will
consider any and all proposals for activity on a site specific basis, disposing
of each according to its merit and the degree to which wetland interests have
been protected and preserved at the locus.
[4]Article 8. Hydraulic Dredging Prohibition
Hydraulic
dredging has been shown to impact the following interests of the Wetlands
Protection Act:
· Protection of Wildlife
Habitat (in this case Eelgrass (Zostera marina))
· Protection of Marine
Fisheries (particularly juvenile Cod and other species)
· Protection of Land
Containing Shellfish
· Storm Damage Prevention
Shellfish
are a valuable renewable resource. The
maintenance of the productive shellfish beds not only assures the continuance
of the shellfish themselves, but also plays a direct role in supporting fish
stocks by providing a major food source.
The young shellfish in the planktonic larval stage that are produced in
large quantities during spring and summer are an important source of food for
the young stages of marine fishes and many crustaceans. When a resource area is found to be
significant to the protection of land containing shellfish under 310 CMR
10.34(3), and is also significant to marine fisheries, the following factors
are critical to the protection of those interests:
(a) shellfish,
(b) water quality,
(c) water circulation, and
(d) the natural relief, evaluation or
distribution of sediment grain size of such land.
Under
310 CMR 10.25, the jurisdiction of the Conservation Commission extends into the
Nearshore Areas of Land under the Ocean, extending seaward to a point where the
land is at a depth of 40 feet below the level of the ocean at mean low water in
Cape Cod Bay, and to a depth of 80 feet below mean low water in all other
areas.
Under
310 CMR 34(4), “any [activity on] land containing shellfish shall not adversely
affect such land or marine fisheries by a change in the productivity of such
land caused by:
(a) alterations of water circulation,
(b) alterations in relief elevation,
(c) the compacting of sediment by vehicular
traffic,
(d) alterations in the distribution of
sediment grain size,
(e) alterations in natural drainage from
adjacent land, or changes in water quality, including, but not limited to,
other than natural fluctuations in the level of salinity, dissolved oxygen,
nutrients, temperature or turbidity, or the addition of pollutants.
Hydraulic
Dredging is an activity which adversely affects land containing shellfish in
the following manner:
(a) The turbulence generated by hydraulic
dredging significantly increases turbidity levels. High turbidity levels attenuate light, which
is necessary for photosynthetic process responsible for the primary
productivity and oxygen regeneration of the water.
(b) The suspended sediments settle on
shellfish beds, smothering existing shellfish and altering the quality of the
benthic environment essential for spat (mollusk larvae) settlement.
(c) Resuspension of bottom sediments causes
redistribution of sediments, alteration in sediment grain size distribution and
causes changes in bottom topography relief, elevation and grade, including the
creation of depressions in the bottom.
Settlement of sediments into depressions can create deep pockets of
highly fluid like sediment which may not be able to physically support
shellfish or which can become anoxic and therefore not support shellfish.
(d) Disturbance of sediments during the
period of shellfish larval settlement hinders or prevents the effective
settlement of shellfish larvae.
Hydraulic
dredging has also been shown to adversely impact the interest of storm damage
prevention, by uprooting vegetation and undermining the stability of land under
the ocean. The underwater “terrace”
contours of the trenches created by hydraulic dredging contributes to erosion
of the adjacent beach, coastal dunes and banks during storm events.
8.1 No hydraulic dredging shall occur within
the waters under the jurisdiction of the Provincetown Conservation Commission
without a proper filing before the Conservation Commission.
8.2 Taking of shellfish or finfish by
mechanical means including but not limited to trawls, drags, rakes and
hydraulic gear with the assistance of machinery is prohibited within
Appendix A[5]
|
Filing
Fee Type |
Fee |
|
Administrative Review (AR) |
$50.00 |
|
Notice of Intent (NOI) |
$100.00 |
|
Request for an Abbreviated Notice of Intent |
$100.00 |
|
Notice of Intent:
Subdivisions (road and utilities only) $2.00/ft of each roadway
sideline within any resource area (includes buffer zone) |
$1500.00+ and $2.00/ft. |
|
Request of Determination (RDA) |
$100.00 |
|
After the Fact Filing (ATF): (Local fees for after the
fact filings shall be assessed at 2 times (2x) the local share of the filing
fee as calculated under 310 CMR 10.03(7)(c) and 310 CMR 4.00 and 2 times the
local by-law fee as calculated under Provincetown General By-law Chapter 12. |
Based on filing calculations. |
|
Wetland resource area alteration [6](Includes
but not limited to: BVW, LUW, LSF) |
$0.50/sq.ft. |
|
Vernal Pool 100-foot Buffer Zone |
$0.50/sq.ft. |
|
Coastal Dune alteration |
$50.00/linear ft. |
|
Request for a Certificate of Compliance (COC) |
$50.00 |
|
Partial Certificate of Compliance |
$50.00 |
|
[7]Amended Conditions (OOC, DOA) |
$50.00 |
|
Extension Permit (OOC, DOA) |
$100.00 |
|
Request for a Certificate of Compliance (COC) |
$50.00 |
|
Beach Access Permits for Construction |
$50.00 |
|
One |
$5.00 |
|
|
$15.00 |
Notice of Intent requires 7 business day advance
notice. Request for Determination
requires 5 business day advance notice.
Abutters’
lists shall be obtained from the Town Assessors Office. Written notice shall be given at the expense
of the applicant in a newspaper of general circulation in the municipality
according to Provincetown Wetland By-law Chapter
[1] Adopted
[2] Adopted
[3] Adopted
[4] Adopted
[5] Created
[6] Bordering Vegetated Wetland (BVW), Land Under Water (LUW), Land Subject to Flooding (LSF); all resource areas protected under the State Wetlands Protection Act are located in 310 CMR 10.02.
[7] Order of Conditions (OOC), Determination of Applicability (DOA); permits issued under the Wetlands Protection Act 310 CMR 10.00.