§ 196A-8. Estuaries and ACEC’s in Orleans.

A. Preamble

1. An Area of Critical Environmental Concern (ACEC) is established under MGL ch. 21A Section 2 (7). Pleasant Bay and Inner Cape Cod Bay have been so designated. The landward extent of the Inner Cape Cod Bay ACEC is the 10-foot contour. The landward extent of the Pleasant Bay ACEC is the 10’ contour plus 100 feet. The additional 100 feet beyond the 10’ contour included with the Pleasant Bay ACEC is important in reducing anthropologic effects to the water body such as siltation from erosion caused by increased runoff from pavement and buildings or pollution from hydrocarbons or pesticides in the runoff. For the same reasons, this additional protection is also necessary for the Inner Cape Cod Bay ACEC. The natural components of both ACEC’s include barrier beach systems, dunes and sandy beaches, acres of salt marsh, productive shellfish habitat, large estuaries, anadromous fish runs, floodplain, and extensive areas for boating and swimming. The estuaries are habitat for upland species and waterfowl as well as a spawning and nursery ground for many marine species. The beaches, dunes and marshes protect adjacent upland from storm damage.

1. Clean water must be maintained to protect the marine resources as well as the public health of recreational boaters, fishermen and swimmers. The biological productivity of these estuarine systems is sustained by the contiguous salt ponds and salt marshes that contribute large quantities of nutrients, carbon and energy to the coastal food chain. Minimum alteration of the natural features of the ACEC allows them to function at their natural capacity. These undeveloped expanses also contribute to the scenic beauty enjoyed by Orleans residents and visitors.

B. Performance standards

1. The standard of performance that must be met by proposed development activities in and adjacent to an ACEC is “no adverse effect” - 310 CMR 10.24(5). It is the responsibility of the applicant to show, using credible evidence from a competent source, that the proposed activity will have no adverse effect, either immediate or cumulative, on the ACEC resources. Additionally, there shall be a performance standard of no adverse impact within 100 feet of the 10 foot contour for the Inner Cape Cod Bay ACEC.

1. Since the Nauset/Town Cove estuary shares all the same characteristics of both the Orleans ACEC’S, the Commission herein sets the same performance standard of no adverse impact for the Nauset/Town Cove estuary. The Nauset/Town Cove estuary will be defined as 100 feet from the 10 foot contour.