Over the past two and a half years, the Nantucket Conservation Commission has been working to revise the island’s wetland regulations. After much back and forth and several revisions, the Conservation Commission finalized the changes and voted to pass them on June 27th. The agreed upon changes covered definition changes, procedural changes, and a new fee structure. These changes will go into effect for any new applications submitted on or after January 1, 2025.
The most publicized change encompasses the buffer zones which are used to dictate what can be developed or disturbed. The buffer zones are based on the distance from the wetlands or protected species, so for example, the 0’ -25’ buffer zone is 0 to 25 feet away from the wetland or “resource area” as they are referred. In previous versions of this revision, there had been discussion of expanding the “no-build” buffer zone from 50’ to 75’, which was not approved and modified in the final version.
• Between 0 and 25’, there is a no disturb buffer zone which is the same as it has been.
• Between 25’ and 50’, there is no disturbance allowed. The exception is in the case of land bordering vegetated wetlands, where there is a 50% non-structural disturbance allowed. This means that you can’t intentionally disturb the zone without permission, but you can disturb half of the area if you follow permitting guidelines.
• Between 50’ and 75’, structures may be built, but you need to offset the disturbance by 1.5x between 25’ and 50’ and apply for a permit. This means that if you have 1,000 sq ft of new improvements in the 50’ and 75’ buffer zone, in the zone between 25’ and 50’, there needs to be 1,500 sq ft of additional buffer zone maintained or created to protect the resource area (ie restoring a previously disturbed area or preserving an undisturbed area). This gives the ability to use the 50’ to 75’ zone (previous versions of this wetland update did not allow for this) but encourages residents to protect and maintain areas closer to the resource area as a trade-off. In addition, the structures definition now includes dry-laid patios and pool equipment which means that these cannot be located within the 50’ buffer zone.
• Between 75’ and 100’, a notice of intent needs to be filed with the Conservation Commission and improvements can be made in this area.
Occasionally, there are structures in the “no-build” zone which pre-exist our wetlands regulations. You will need to speak to ConCom to determine what kind of improvements you can make if your property falls into this category. In general, only like-kind improvements are allowed. In addition, it is possible to apply for a waiver if these new restrictions are shown to impact a particular lot unfairly.
A few of the other updates include the following items:
For applications involving coastal beaches, the erosion analysis used will need two different time frames and ConCom will base any decisions made on the more aggressive timeline between the two.
ConCom will now allow and permit for salt marsh restoration. The intent is to encourage salt marsh restoration and use them as a buffer zone to protect inland areas.
Land subject to coastal storm flowage are flood zones. Pools will need to be installed above flood elevation in these areas. Previous versions of the update abolished pools in these areas, but the version that passed allows them if they are elevated above the flood plain. The intention is to prevent water with chemical additives from leaching into natural resources.
Isolated Vegetated Wetland has been added as a definition and its minimum size is 500 sq ft on Nantucket while the state definition is 5,000 sq ft.
Great Ponds were added as a resource area in this revision. These ponds are larger than two acres in size and they include Hummock, Miacomet, Long, Sesachacha, Gibbs and Tom Nevers Ponds. There is a 200’ buffer zone around a Great Pond which is a new addition. Between 100’ and 200’ there will need to be a “minor activity request” which will be subject to staff approval. The hope is that this request will be an educational opportunity for the applicant to understand what they need to do to maintain the area around the Great Pond to foster a habitat for native plants and animals to be able to use the pond for their benefit.
In addition, there are further swimming pool guidelines which focus on proper management of swimming pools. It’s a “How-To” on pools and includes illicit pool discharge regulations (ie draining chlorinated water into protected areas).
There is also a view-shed management section which focuses on proper management of vegetation within buffer zones. Wetland scenic views are protected by the bylaw, and it gives clear expectations of what is allowed or required based on layer (ie trees, shrubs, ground cover). The intention is to allow residents to enjoy their surroundings while encouraging a healthy ecosystem.
This is a brief overview of the changes that have been made, but if you have additional questions, please can reach out to the Conservation Commission.
For more information, visit the Town of Nantucket’s Conservation Commission page.