From the regulations promulgated July 1, 2019.
A fencing solution may not be appropriate for every property. Initially, the applicant should determine the appropriate type and extent of installation for their situation. Factors to consider may include the amount of vegetation, existence of a dune currently, angle of repose, recent cutting or evidence of past bank erosion. The Conservation Commission may request an outside consultant to review this assessment at the applicant’s expense according to the Wetlands Regulations.
Any fencing activity should be viewed as a temporary measure to initially trap higher volumes of sand than American beach grass could alone. Once the beach grass is established, it has been proven to trap sand at a rate comparable to multiple sand fences. Holding a dune unnaturally seaward of the storm tide elevation at any given time creates problems for abutting properties and ultimately can negatively affect the distribution of sediment along an entire coastline alongshore, as well as on and off shore where bars provide important storm protection.
Biomimicry Sand Collection System*: Refers to random patterns of thin cedar shims inserted into several inches of sand that mimic native beach vegetation by collecting and stabilizing windblown sand. The shims are inserted several inches into the sand, spaced 10-14 inches apart, in a random matrix from 4-6 feet wide, along the upper beach. During wind events, the matrix performs by collecting sand. When sand levels rise, the slats are pulled up higher, to continue performing. In this manner, additional shims can also be used to widen the desired sand collection profile. Biomimicry* creates dunes by minimally interacting with available energy in the coastal resource system.
This sand collection system performs by collecting sand during wind events, typically during the winter storm season. Collected sand is completely compatible for dune restoration projects, such as restoring the toe of a coastal bank or eroded toe of a dune.
Biomimicry is an adjustable, low profile sand restoration system consisting of thin cedar shims designed for use on coastal beaches during winter storms. No heavy equipment or excavation is necessary with this system. This matrix or system mimics the performance of native beach vegetation to collect and stabilize sand being transported by ocean storm energy.
a) Placement:
i. The shims should be inserted 3-4 inches into the sand, spaced randomly 10-14 inches on center (facing the water), leaving 10 inches exposed. Make certain the shims are dry before installation.
ii. The overall matrix pattern of random shims is between 4-6 feet wide.
iii. Matrix lines should always be installed parallel to the shoreline.
iv. Matrix lines can be spaced 15 feet apart to restore beach elevations.
b) Materials: Thin wooden shims, 14 inches long.
c) Construction:
i. This system can perform as a stand-alone or in parallel with newly planted beach grass, contributing to performance, pending plant maturity.
ii. The biomimicry system* shall be removed prior to April 15th and may be re-installed after Columbus Day pending approval by the Commission.
Beach nourishment is not required.
Every fencing project shall include planting of American Beach grass between November 1 and April 1 following completion of the installation or repair of the fencing. Planting holes should be dug at least 6 inches deep, randomly spaced 10-12 inches apart. Three culms (roots) are placed in each hole and covered with sand. It is recommended to plant in the greatest density in the landward section and decrease the spacing of plants in the seaward direction. The best results have been found with two applications, one in late spring within 30 days of planting, but before April 1, and another application in late summer or early fall. For further information, see: Coastal Dune Protection and Restoration, Marine Extension Bulletin, Woods Hole Sea Grant and Cape Cod Cooperative Extension, December 2008, and Beach Nourishment, MassDEP’s Guide to Best Management Practices for Projects in Massachusetts, March 2007. Attachments
13. General Regulations applicable to all fencing projects.
a) All projects shall specify dates for commencement and completion. All projects may only begin after Columbus Day and must be completed prior to Memorial Day, provided however that the project area is clear of nesting shorebirds as confirmed by the conservation agent or her designee.
b) All construction equipment shall only access the site from the beach, and only travel along the beach below the mean high tide line. Absent a showing by clear and convincing evidence that access to the coastal bank across the applicant’s property is impossible, no sand shall be trucked or transported to the site down the beach. All sand shall be brought to the site from the top of the bank at the applicant’s property.
c) Any substantial beach restoration requiring the hauling of materials other than sand from town landings across public and private beaches will be conducted exclusively from Columbus Day to April 15th. Substantial projects are those requiring over two days to haul materials.
d) Beach construction and restoration work shall not be performed on weekends or holidays, nor before 8:00 a.m. or after 6:00 p.m on weekdays.
e) Properties between the public access point for the project and the project locus shall be considered abutters and shall be notified of any substantial beach restoration projects in the same manner and at the same time as other abutters.
f) Construction debris shall be removed at the end of each day and the access route shall be left backbladed to a normal grade.
g) Application for Construction or Maintenance of a Sand or Drift fence shall constitute agreement by the property owner to reimburse the Town for the cost of clearing away any debris generated from the property owner's fence.
h) Where fencing becomes ineffective due to storm damage, erosion or other cause, it must either be promptly repaired or removed at the property owner’s expense.
i) Where fencing does not exist on an adjacent property, the fencing erected for the applicant shall be no closer than 25 feet to the abutter’s property line; where fencing exists on adjacent properties, new fencing shall be aligned with existing fencing.
j) Owners of lots which have less than 100 feet of beach frontage may be approved for fencing construction and/or restoration projects which do not comply with these general regulations, by special permit from the Commission.
k) It is the responsibility of the project proponent to obtain consent to traverse private property as may be required by property owners.
- A well vegetated bank provides significant resistance to storm damage; therefore, the Commission requires extensive planting of the coastal bank as part of any erosion control project, including re-planting as on-going maintenance in all projects.
- In the case of an “erosion control” project permitted under these regulations, these standards must be met by a showing,by substantial evidence, that a sufficient quantity of beach nourishment and “sacrificial” sand will be provided as part of the project to ensure that the movement of sediment and sediment supply will not be adversely affected by the project.
- A model order of conditions is attached to these regulations and incorporated herein. No waivers from these required orders shall be allowed except upon clear and convincing scientific proof that the proposed waiver will improve the ability of the coastal bank to provide storm damage protection, prevent flooding and contribute sediment to the littoral system.
- Escrow agreement: Every erosion control project shall include a requirement that the property owner establish an escrow account with the Town of Truro in accordance with the requirements of the Model Escrow Agreement attached to these regulations and incorporated herein. This agreement allows the Conservation Commission to remove any project as to which the owner fails to perform ongoing maintenance as required by the Commission.