§ 196A-11.2 Docks in a Freshwater Resource Area

B. Performance Considerations

All naturally formed ponds and lakes on Cape Cod are groundwater fed and therefore the presumption is that a pond or lake is a Coastal Plain pond with characteristics including concentric bands of coastal plain pond vegetation, gentle sloping shoreline, and fluctuating water level. Therefore, a new or expanded dock in a freshwater resource area may only be permitted in cases where an improvement to the condition of the resource area can be demonstrated and when such demonstrated improved condition exceeds the benefit that could be reasonably expected from a restoration effort. This presumption can be overcome using verifiable evidence from a credible source. A dock may be approved where it can be demonstrated that irreparable erosion and destabilization of a resource area would result from informal access.

New or expanded structures are not allowed if any of the following criteria apply:

(1) The presence of rare, endangered or threatened species has been documented within 100 feet of any portion of the proposed structure.

(2) Where in the judgment of the Commission the small size of the water body or the proximity of reasonable access alternatives makes a structure unnecessary;

(3) Where in the judgment of the Commission a structure is unnecessary to protect and maintain wetland resources, and particularly the exemplary habitat communities and BVW noted above.

In the event that none of the foregoing criteria apply, a proponent must be able to demonstrate to the satisfaction of the Commission that the proposed structure is able to meet the following performance criteria:

(4) There should be no adverse effect on, loss or degradation of habitat for shellfish, finfish, birds, reptiles or other animals, or of fish runs resulting from the proposed structure.

(5) There should be no adverse effect on submergent or emergent vegetation or BVW caused by the proposed structure.

(6) There should be no adverse effect on water circulation patterns caused by the proposed structure that could result in a decrease in water quality.

(7) There should be a sufficient depth of water at the terminus of the proposed structure to prevent damage to emergent or submergent vegetation.

(8) There should be no adverse effect on the visual character of the shoreline area resulting from the proposed structure. To the extent practicable, applicants should apply the methodology for assessing visual impacts described in the Cape Cod Commission’s Visual Impact Assessment Technical Bulletin.

(9) There should be no adverse effect on public access opportunities resulting from the proposed structure.

(10) The cumulative effect of the proposed structure should not result in an adverse effect on wetland resources. Cumulative effects are the combined effects (4 through 9) of all existing structures within the same water body.