From the regulations promulgated July 1, 2019.
Coastal engineering structure (CES): includes and not limited to any breakwater, bulkhead, groin, jetty, revetment, seawall, weir, riprap, gabions, marine mattress, sandbags, or other structure that is designed to alter wave, tidal or sediment transport processes in order to protect inland or upland structures from the effects of such processes. Planting of vegetation and placement of biodegradable netting or fabric shall not be considered a CES.
Coastal banks along the bay side of Truro have experienced accelerated rates of erosion, at times from a single storm event. The Commission will allow an “erosion control” project only as an interim measure, and in all cases shall require the property owner to submit plans to move or remove threatened structures as a condition of allowing such projects.
The Truro Conservation Commission is of the opinion that coir tube installations, and similar structures, are “coastal engineering structures” within the meaning of the DEP Regulations 310 C.M.R 10.30 (3), and that, as such, installation of coir tubes and similar projects are prohibited for the protection of buildings constructed after 1978. However, by letter dated February 18, 2011, and incorporated herein by this reference, the Truro Conservation Commission was informed by DEP that the Department views this type of structure as a “soft solution” to stabilize eroding banks, which is a permitted structure under the cited regulation. In the event that DEP reconsiders its interpretation of 310 C.M.R. 10.30 (3) the Truro Conservation Commission reserves the right to rescind these regulations and to prohibit installation and maintenance of coir tube projects and similar structures within the Town of Truro.
When a Coastal Bank is determined to be significant to storm damage prevention or flood control because it supplies sediment to coastal beaches, coastal dunes or barrier beaches the following performance standards shall apply:
i. 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.
ii. 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.
iii. Projects shall fully comply with the “sample order of conditions for coir tube projects” in order to be permitted on the bay side of Truro as set forth.
iv. In no event shall an engineered structure or “coir tube” project be permitted as an erosion control project on the Ocean side of Truro.
v. In all “coir tube” projects, only one row of drift or serpentine fencing may be installed or utilized at the property. Layered Drift fencing shall only be permitted under special circumstances and in limited areas and shall be sought by application for a waiver.
vi. Serpentine Fencing with Coir Tube Project: A single installation of Serpentine fencing may be incorporated in a coir tube project. No additional serpentine fencing shall be permitted except on clear and convincing proof of extraordinary circumstances.
vii. Hardened fencing, seawalls, revetments, bulkheads and other “coastal engineering structures” shall not be allowed, except as specifically provided in 310C.M.R. 10.30 (3) to protect structures constructed prior to 1978. In addition to the requirements on such projects imposed by 310 C.M.R. 10.30(3), no such project shall be permitted on the Bay Side of Truro unless a “coir tube” project has been previously approved and installed and has failed, where such failure is not solely attributed to failure to maintain sand cover and vegetation.
viii. Maintenance or repair of existing bulkheads and revetments shall only be by prior approval of the Truro Conservation Commission and may include the requirement for sand nourishment to the beach as required.
ix. 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.
x. 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.
xi. No variance or waiver of this requirement shall be granted by the Commission. Remaining escrow funds, if any, may be returned to the property owner when the erosion control project is removed.