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Nantucket conservation commission says new wetlands rules take effect but won’t apply retroactively to items on tonight’s agenda

December 26, 2024 | Nantucket County, Massachusetts


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Nantucket conservation commission says new wetlands rules take effect but won’t apply retroactively to items on tonight’s agenda
Chair Seth Engelbart opened the Jan. 9 meeting by telling the Nantucket Conservation Commission that the town’s updated wetlands regulations became effective Jan. 1, 2025 — but would apply only to applications submitted after that date. Engelbart said staff checked the filing dates for items on the evening’s agenda and confirmed they were submitted by the commission’s Dec. 26 cutoff, meaning tonight’s permits will be processed under the prior rules.

The announcement came as part of a broader procedural update Engelbart described as intended to make hearings more efficient while ensuring applicants have obtained required local permits before Conservation Commission hearings. "The Nantucket wetlands regulations regulatory update, became effective January 1, 2025," Engelbart said, adding that staff had verified the Dec. 26 filing deadline for the current batch of permits.

Why it matters: the cutoff changes which regulatory text — and which permitting standards — apply to a given filing. That can affect whether projects need waivers, the performance standards applied to coastal banks, buffer zones and other resources, and the evidence applicants must supply at hearing. Engelbart and staff said they will notify applicants and update the commission webpage; staff also said they will email built-environment practitioners to reduce confusion as the town transitions to its new rules.

Commissioners emphasized one practical consequence: they will not close hearings until applicants have applied for or obtained other required local permits, such as Historic District Commission (HDC) approvals or Board of Health sign-offs, where those permits are applicable. Engelbart said that requirement is grounded in the town wetland bylaw and the Wetlands Protection Act language embedded in local regulations. "We are the only regulatory board that can compel applicants to do that because it is specifically called out in the Wetlands Protection Act," Engelbart said in response to a commissioner question.

Staff said they will mark agendas to show which applications were filed under the old regulations versus the new ones and will circulate guidance to regular applicants. The commission accepted these administrative clarifications as part of the meeting’s opening business.

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Scribe from Workplace AI
Scribe from Workplace AI