§ 196A-12. Coastal Erosion

B. Presumptions

(1) When a proposed project involves dredging, removing, filling or altering a coastal bank, the Conservation Commission shall presume that the area is significant to the interests protected under the Orleans Bylaw. This presumption may be overcome by clear and convincing evidence that a coastal bank does not play a role in the protection of these interests and if the Orleans Conservation Commission makes a written determination to that effect.

(2) The Commission further presumes a coastal bank is significant to storm damage prevention and flood control both because it is a vertical buffer to stormwaters and because it supplies sediment to coastal beaches, coastal dunes or barrier beaches. This presumption can be overcome only by a clear showing that a coastal bank does not play a role in the protection of one or more of these interests. This showing may include but may not be limited to studies of bank composition, erosion rate, destination or eroding materials and historical data.