WHAT IS THE WETLAND PROTECTION ACT?

The Cape Codder

Cape Cod marshMore than just the land where you might get your feet wet, wetlands encompass salt or freshwater marsh, meadows, swamps, and bogs, as well as associated resources (banks, dunes, beaches and flats).

The Orleans Conservation Commission's Wetlands Guide defines the Wetland Protection Act as a safeguard from overdevelopment in any wet area where the groundwater level is at or near the surface of the ground for a long enough period during the year to support a community of wetland-type vegetation.

Thus, the legislation assumes jurisdiction over virtually any type of construction activity such as dredging, excavating or modification of wetlands, waterbodies or their surrounding environs. Furthermore, the Act regulates site preparation, ranging from the building of shopping malls to the addition of a deck to a house, and such alterations as tree/bush removal, vista pruning and the changing of land contours that could affect nearby wetlands or waterbodies.

In 1985 the town of Orleans expanded the control of activities within resource areas by adopting the Wetland Protection Bylaw. While the two laws are similar, the local bylaw identifies additional interests including erosion control, wildlife habitat and recreation. The Orleans Conservation Commission administers both laws by review of proposed projects involving wetlands and resource areas.

Applicants who plan construction activity would benefit from an informal consultation with the Commission to gain a clear understanding of the regulations that guide its decisions. The resulting knowledge will provide invaluable insights to the preservation of Cape Cod's ecosystem.

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Cape Cod Real Estate news from American Heritage Realty

Approximately six hundred parcels of private property lie within the bounds of the Cape Cod National Seashore.

At its creation in 1961, the National Park Service announced that it would eventually acquire a portion of the existing dwellings within its confines.

In 1985, the Land Protection Plan for the Cape Cod National Seashore was adopted, with definitive guidelines for the use of these private properties.


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