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Commission orders enforcement actions and restoration plans after unauthorized clearing and habitat incursions
Summary
Staff reported multiple vegetation and habitat violations across several properties, recommending enforcement orders, $300-per-tree fines, and restoration plans; the commission directed enforcement and discussed notifying Natural Heritage for vehicle incursions into priority habitat.
The Dennis Conservation Commission moved May 21 to pursue enforcement and restoration actions after staff reported several recent violations across multiple properties.
Staff reported significant clearing on three properties (7 and 15 Bayberry Road and 57 Stephen Phillips) and said photographs showed about 12 trees removed within the commission’s jurisdiction and 14 trees affected across the 0–50 and 50–100 foot buffer zones. Staff recommended enforcement orders and a restoration plan for the impacted areas, and suggested fines of $300 per tree (and additional citations for activity within the buffer). "So altogether...I could count in my two visits was 12 trees removed within our jurisdiction," staff told the commission.
Commissioners discussed whether to target the contractor for fines immediately and whether to await responses from property owners; they instructed staff to issue enforcement orders and to consider citations while allowing the middle-property owner an opportunity to respond. The commission agreed staff should draft enforcement orders and restoration plans and indicated they would seek $300 fines per tree as part of the enforcement process.
Staff also reported vehicle tracks into mapped priority coastal habitat near Mayflower/Clover and documented an incursion during nesting season; staff recommended notifying Natural Heritage and issuing citations or notice of violation for driving and sand-moving activity in nesting habitat. For a separate property at 143 5th Street, staff presented photos showing a path mowed through a phragmites stand to the water after the commission had previously denied a similar boardwalk/path request; staff recommended a $300 citation and requiring a restoration plan as part of an enforcement order.
Commissioners moved through each scenario and supported enforcement and restoration steps, directing staff to prepare the necessary orders and to follow up with property owners and Natural Heritage as appropriate.
