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Regulations

 

Cape Cod Commission regulations enable the agency to fulfill its duties under the Cape Cod Commission Act, the state legislation that created the regional agency in 1990. Most of the regulations and proposed revisions to them are ordinances adopted by the Barnstable County Assembly of Delegates, the regional legislative body.

 

Current Regulations:

  • CHAPTER A: Enabling Regulations Governing Review of Developments of Regional Impact
    (Revised November 2014; Fee Schedule Revised Effective July 1, 2017)

    Describes the different types of Cape Cod Commission jurisdiction, Development of Regional Impact (DRI) thresholds, and the process and procedure for Commission review of projects (such as DRIs, change-of-use and limited DRI determinations, Chapter H-related proposals, discretionary referrals, DRI exemptions, hardship exemptions, including hardship exemptions for Projects of Community Benefit, and jurisdictional determinations). The Enabling Regulations also reference the process for appeals, modifications, and procedural denials, and include the Commission's fee schedule.

     

  • CHAPTER B: Regional Policy Plan (RPP) - Effective January 16, 2009, As Amended - Latest ordinance effective August 17, 2012
    The Cape Cod Regional Policy Plan (RPP) is a planning and a regulatory document, required in the Cape Cod Commission Act, that serves several purposes. As a planning document, the RPP develops a growth policy for Cape Cod, identifies key resources of regional importance, and provides the framework for town local comprehensive planning efforts. As a regulatory document, the RPP contains the "Minimum Performance Standards" that are required of all Developments of Regional Impact (DRIs) that fall within the Commission's jurisdiction.

     

  • CHAPTER C: Process to Review/Amend the Regional Policy Plan (RPP) - Effective September 22, 1999
    Describes the process to review and amend the Cape Cod Regional Policy Plan (see above).

     

  • CHAPTER D: Development Agreement Regulations Governing the Provisions for Development Agreements - Effective November 20, 2014
    Describes the purpose of development agreements, the vesting of development rights, who may participate in a development agreement, the procedure for adopting a development agreement when the Cape Cod Commission (1) is a party and (2) is not a party, the duration of a development agreement, how a development agreement may be amended or rescinded, and how a development agreement is enforced.

     

  • CHAPTER E: District of Critical Planning Concern (DCPC) Regulations - Effective December 1996
    Describes the qualifications for DCPCs, who may nominate one and the procedure for doing so, the procedures for accepting or rejecting a nomination, the procedures for accepting or rejecting a proposed designation, the DCPC-related suspension of munipal powers to grant permits, and the adoption of implementing regulations for a designated DCPC. (See also the DCPC web page.)

     

  • CHAPTER F: Impact Fee Enabling Regulations - Effective May 1998
    Describes the purpose of impact fees, the requirements for calculating and assessing them, the procedures for adopting impact fee bylaws, and more.

     

  • CHAPTER G: Growth Incentive Zone (GIZ) Regulations - Effective November 20, 2014
    Describes what qualifies as a growth incentive zone; who may propose a GIZ, what the procedure is, and how an application is processed; what the review and approval criteria are and what the procedure for GIZ designation is; the relationship to DRI thresholds; how to modify a GIZ designation; how long one lasts and how one is revoked. A separate GIZ application form is available. (January 11, 2011)

     

  • CHAPTER H: Municipal Application for Revisions to Developments of Regional Impact Thresholds - Effective December 3, 2009, As Amended October 2, 2013
    Describes the regulations that establish the requirements and criteria for Cape Cod towns and the Cape Cod Commission to propose revisions to certain DRI thresholds described in the Cape Cod Commission's Enabling Regulations (see above) as amended by Barnstable County ordinance. The purpose of these regulations is to help implement a regulatory approach at the regional level to guide growth toward areas that are adequately supported by infrastructure and away from areas that must be protected for ecological, historical, or other reasons.

     

  • Administrative Regulations - Revised October 2, 2014
    Describes the Commission's administrative procedures, including regulations about the contents of applications and the delegations of authority.

     

  • Local Comprehensive Plan Regulations - Effective November 20, 2014
    Describes the authority and purpose of the Cape Cod Commission's certification of Local Comprehensive Plans (LCPs), the required contents for an LCP to become certified, the requirements for consistency with the Regional Policy Plan and other documents, the approval and certification/recertification process, implementation requirements, LCP revisions, and more. Includes a checklist for LCP approval and certification/recertification processes.

 

NOTE: 

Application forms related to the

regulations at left are available in

the "Application Forms" section

of this site.

 

 

 

 

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