Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 10.00 - Wetlands Protection › Additional Regulations for Coastal Wetlands › Section 10.28 - Coastal Dunes

Current through Register 1525, July 5, 2024
(1)
Preamble
. All coastal dunes are likely to be
				significant to storm damage prevention and flood control, and all coastal dunes
				on barrier beaches and the coastal dune closest to the coastal beach, also
				known as the Primary Frontal Dune as defined in
				310 CMR 10.04, in any
				area are per se significant to storm damage prevention and flood control. The
				Coastal High Hazard Area or Velocity Zone extends at a minimum to the inland
				limit of the Primary Frontal Dune along the open coast. Coastal dunes are also
				often significant to the protection of wildlife habitat.
Coastal dunes aid in storm damage prevention and flood
				  control by supplying sand to coastal beaches. Coastal dunes protect inland
				  coastal areas from storm damage and flooding by storm waves and storm elevated
				  sea levels because such dunes are higher than the coastal beaches which they
				  border. In order to protect this function, coastal dune volume must be
				  maintained while allowing the coastal dune shape to conform to natural wind and
				  water flow patterns.
Vegetation cover contributes to the growth and stability of
				  coastal dunes by providing conditions favorable to sand deposition.
On retreating shorelines, the ability of the coastal dunes
				  bordering the coastal beach to move landward at the rate of shoreline retreat
				  allows these dunes to maintain their form and volume, which in turn promotes
				  their function of protecting against storm damage or flooding.
A number of birds, most commonly terns and gulls, nest at the
				  base or sides of dunes. In some dune systems other birds also nest in the
				  interdunal area, the species being determined by the plant community structure,
				  topography, and hydrologic regime of the area. In a few dune systems, wet
				  meadows or vernal pool habitats occur, which serve as important feeding areas
				  for a wide variety of bird species.
When a proposed project involves the dredging, filling,
				  removal or alteration of a coastal dune, the issuing authority shall presume
				  that the area is significant to the interests of storm damage prevention, flood
				  control and the protection of wildlife habitat. This presumption may be
				  overcome only upon a clear showing that a coastal dune does not play a role in
				  storm damage prevention, flood control or the protection of wildlife habitat,
				  and if the issuing authority makes a written determination to that
				  effect.
When a coastal dune is significant to storm damage
				  prevention, flood control or the protection of wildlife habitat, the following
				  characteristics are critical to the protection of those interest(s):
(a) the ability of the dune to erode in
				response to coastal beach conditions;
(b) dune volume;
(c) dune form, which must be allowed to be
				changed by wind and natural water flow;
(d) vegetative cover;
(e) the ability of the dune to move landward
				or laterally; or
(f) the ability of
				the dune to continue serving as bird nesting habitat.