- Black Beach/Great Sippewissett Marsh DCPC (Falmouth) -- designated in January 1996 to prevent flood damage and protect the habitat of 340 acres of barrier beach and salt marsh in West Falmouth.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 96-1
- Bournedale DCPC (Bourne) -- designated in December 1998 to protect drinking water, assure safe transportation, and preserve the historic and natural resources of nearly 2,000 acres in northeastern Bourne.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 98-25
- Three Ponds DCPC (Sandwich) -- designated in February 2000 to protect water quality, preserve open space, and maintain the character of nearly 700 acres of land and more than 300 acres of water in southeastern Sandwich.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 00-04
- Six Ponds DCPC (Harwich) -- designated in May 2000 to protect the water and natural resources and to manage growth over more than 1,200 acres of land and 110 acres of water in northeastern Harwich.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 00-11
- Barnstable (Town-wide) DCPC -- designated in September 2001 to manage residential growth and encourage affordable housing over nearly 60 square miles.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 01-19
See also the May 2004 decision of the Massachusetts Supreme Judicial Court supporting the Barnstable DCPC (SJC 9171 - 441 Mass. 724 - 2004).
- Quivet Neck/Crowe's Pasture DCPC (Dennis) -- designated in March 2002 to protect natural, historic, water, and coastal resources and to manage residential growth on nearly 250 acres in East Dennis.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 02-04
- Pond Village DCPC (Barnstable) -- designated in January 2006 to protect the water quality of a freshwater pond and a portion of Barnstable Harbor and the historic and scenic character of a 115-acre area north of Route 6A near Barnstable village. The Barnstable Town Council voted to approve a zoning change for the district rather than adopt special implementing regulations.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 06-01
- Brewster Water Protection DCPC - designated in July 2008 to protect "zones of contribution" (or watersheds) to public drinking water wells. The DCPC encompasses 6,538 acres in several areas: one in the southeastern part of Brewster, another in the southwestern part of town, and all land in Brewster that is within the Pleasant Bay Water Recharge Area. The DCPC has two purposes: a water resources district and a major public investment district. Watersheds within the DCPC include wellhead-protection lands for public wells in Brewster and for wells in Orleans, Harwich, and Dennis. The four Brewster wells in the DCPC provide about 95 percent of the town's public water supply; the remaining need is met mostly from private wells. Brewster has invested millions of dollars in the development and protection of the public drinking water supply wells within the DCPC. The Cape Cod Commission approved the town's proposed implementing regulations on October 1, 2009.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 08-08
- Craigville Beach/Centerville Village Center DCPC -- On February 12, 2008, the Cape Cod Commission received a nomination from the Barnstable Town Manager to create a DCPC for the Craigville Beach area and the Centerville Village Center area. The areas were contiguous, encompassing about 380 acres of land and 66 acres of open water, but separate issues were to be addressed for each area. On February 21, the Commission voted to accept the nomination for consideration. On May 21, the Barnstable County Assembly of Delegates approved the designation of the DCPC.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 08-06
The Centerville Village Center area of the DCPC includes an existing business zoning district and residential parcels including the Main Street National Register Historic District. The DCPC has two purposes: an economic resource district and a cultural, historic, and architectural resource district. The town developed its implementing regulations for the Centerville Village Center area of the DCPC, and the Cape Cod Commission approved those regulations on August 6, 2009.
The Craigville Beach area of the DCPC includes a barrier beach along Nantucket Sound, an estuary system behind it, and freshwater ponds. It encompasses many summer homes and cottages and a former "Christian Camp Meeting" area, which is recognized within a National Register Historic District. The DCPC has five purposes: a natural and ecological resource district; a cultural, historic, and architectural resource district; a hazard district; a wastewater management district; and a waterfront management district. Rather than approved draft implementing regulations for this area of the district, in early September 2009, the Barnstable Town Council voted to have the town manager nominate the district again (see below).
Craigville Beach DCPC -- The Cape Cod Commission accepted the above renomination on October 1, 2009, and the Barnstable County Assembly of Delegates redesignated the Craigville Beach DCPC on November 4, 2009. The town revised draft implementing regulations for the Craigville Beach area. The Barnstable Town Council did not adopt the regulations, but the Cape Cod Commission did on October 28, 2010, as did the Barnstable County Assembly of Delegates on January 19, 2011.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 09-12
Ocean Management Planning DCPC (Cape-wide) - The first Cape-wide DCPC to be designated was the Ocean Management Planning DCPC nominated by the Barnstable County Commissioners in December 2009. The County Commissioners made the nomination in anticipation of the final Massachusetts Ocean Management Plan on December 31, 2009. The state created the Ocean Management Plan to coordinate and promote certain types of development within Massachusetts ocean waters. The designataed DCPC included all the ocean waters and land below and air above within Barnstable County, starting from a line drawn 0.3 nautical miles seaward from Mean High Water (MHW) around Barnstable County and extending to 3 nautical miles from MHW, or the state jurisdictional boundary.
The Cape Cod Commission accepted the nomination for consideration and held five public hearings, then voted in March 2010 to recommend the nomination to the Assembly of Delegates. The Assembly held a public hearing and voted to designate the DCPC by regional ordinance on April 21, 2010. The Cape Cod Commission, Cape towns (represented on a policy committee), technical experts, and stakeholders worked together for a year to write "implementing regulations" for the district, which had a moratorium on relevant developments in the district until August 2011. Although the Assembly of Delegates did not subsequently adopt the implementing regulations proposed by the Commission and the policy committee, the Commission itself adopted the Cape Cod Ocean Management Plan, which includes the definition of "appropriate scale" for renewable energy proposals in the DCPC area, on October 13, 2011. The approved plan also includes recommendations for how the Commission should pursue review of potential future developments in the affected area.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 10-03
- Fertilizer Management DCPC (Cape-wide) - The second Cape-wide DCPC to be designated was the first one nominated by the Cape Cod Commission itself. The Commission proposed the Cape-wide DCPC in response to state legislation that would remove the ability of individual communities to regulate fertilizers. If approved via the DCPC, Cape communities would have an opportunity to adopt local bylaws consistent with the implementing regulations, and town participation would be voluntary.
In July 2013, the Cape Cod Commission accepted for consideration a nomination form proposing a Fertilizer Management District of Critical Planning Concern (DCPC), pursuant to Sections 10 and 11 of the Cape Cod Commission Act. The Barnstable County Assembly of Delegates approved the designation as a county-wide ordinance (Barnstable County Ordinance 13-07) on September 18, 2013.
The Cape Cod Commission subsequently worked with towns and stakeholders to develop the DCPC "implementing regulations" (see below), which are the special rules that promote the purposes for which the DCPC was designated.
The towns of Barnstable, Brewster, Chatham, Eastham, Mashpee, and Provincetown adopted local nitrogen-oriented regulations in Fall 2014. The towns of Falmouth and Orleans had grandfathered nitrogen bylaws. Orleans added phosphorus to its nitrogen bylaw through the DCPC. While there were variations in each local rule, all were deemed consistent with the DCPC by the full Commission.
ORDINANCE ESTABLISHING THE DCPC: Barnstable County Ordinance 13-07
DCPC IMPLEMENTING REGULATIONS:
- Eastham DCPC - The Barnstable County Assembly of Delegates unanimously approved the designation of a District of Critical Planning Concern (DCPC). The Nov. 1, 2017 decision followed the unanimous support by the Cape Cod Commission. Town of Eastham Board of Selectmen nominated approximately 280 acres in North Eastham, which includes all commercially zoned areas. The designation was sought and approved under three separate provisions of the DCPC regulations: Economic or Development Resource District, Affordable Housing Resource District and a Transportation Management District.