Public
Notice
New and Revised Provincetown Conservation Commission Local Regulations
The Provincetown Conservation Commission held a Public Hearing on June 6, 2006 at Provincetown Town Hall and then and there adopted the following new and revised rules and regulations with a vote of 4-0-0, effective June 23, 2006:
CONSERVATION
COMMISSION
LOCAL REGULATIONS
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 North America. Swamps are dependent on
nutrient-rich ground water derived from mineral soils.
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.
Lake – Any open body of fresh water with a surface area
of ten acres or more, and shall include great ponds.
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.
Anyone wishing to drive on or park on any Provincetown Harbor beach must obtain from the Provincetown Conservation Commission either a Beach Access permit sticker or a Beach Access form.
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
reason 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.
Pursuant to the regulation of activity under Chapter 12
of the Town of Provincetown By-laws in the 100 ft. buffer zone of resource
areas given in 310 CMF (l)(a) and given in Chapter 12 Section 2
(exclusive of any land subject to flooding or inundation by tidal action, or
coastal storm flowage), 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.
These regulations take effect on June 23, 2006.