Public Notice

New and Revised Provincetown Conservation Commission Local Regulations

The Provincetown Conservation Commission held a Public Hearing on October 17, 2006 at Provincetown Town Hall and then and there adopted the following new and revised rules and regulations with a vote of 5-0-0, effective date October 26, 2006.

CONSERVATION COMMISSION

LOCAL REGULATIONS

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.

Posted: www.provincetown-ma.gov 10/19/06 4:15 pm dj