§ 196A-11. Docks and Piers
H. Licensing of docks and piers
(1) All existing permanent and seasonal docks and piers in the Town of Orleans must also be licensed by the Massachusetts DEP Division of Waterways, Chapter 91 licensing procedure and by the U.S. Army Corps of Engineers and must also have a valid Order of Conditions from the Orleans Conservation Commission and the DEP. Owners of unlicensed docks and piers must have filed a Notice of Intent by September 30, 1996.
(2) Amnesty Licensing: Under the amnesty licensing procedure for all unlicensed docks, either in or outside of an ACEC, a Notice of Intent shall be required accompanied by an engineered plan and providing the information required in the “EOEA Pier Guidelines Checklist” and in the list of submission requirements prepared by the Orleans Conservation Commission. The engineered drawing is to be on the dock as it presently exists. The only changes in an existing dock design that the Commission will consider are those which reduce the scope and impact of the project.
(3) Interim licensing: Interim licensing must meet the same requirements listed above under amnesty licensing unless the applicant can show that the dock is of such minimal proportions and impact that a lesser application will suffice to provide the Commission with adequate baseline information on the dock’s structure, its location and its environmental impacts.
(4) Section 196A-8B of these regulations sets specific performance standards for ACEC’s and adds the Nauset/Town Cove estuary as requiring no adverse impact on the resources.
(5) Approval of existing unlicensed or licensed docks or new docks: Approval and issuance of an Order of Conditions for an unlicensed dock, even if existing, is not guaranteed and the Commission will consider the structure under current regulations. Approval of a licensed dock will take into consideration the Ch. 91 license, but where the Commission finds egregious environmental impacts such as loss of shellfish habitat or prop scour or the structure is clearly over-designed, the Commission may deny the project and require its removal or alteration. An applicant will have the burden of demonstrating by a preponderance of credible evidence that there will be no adverse effect either immediate or cumulative.
