Cape Cod Commission
Reference Information
Updated December 2006
Developments of Regional Impact | Regional Policy Plan | Districts of Critical Planning Concern
Developments of Regional Impact | Regional Policy Plan | Districts of Critical Planning Concern
Developments of Regional Impact
Mandatory Referrals
Certain projects are required to be referred to the Cape Cod Commission for review. The Commission's Enabling Regulations contain a complete list of projects requiring referral. The more common thresholds of interest to land bank/open space committees include:
If there is a question as to whether a project meets the criteria for referral as a DRI, any party (town or the applicant) can file an application for a Jurisdictional Determination (JD). A JD is a formal decision as to whether a project is subject to DRI review. Informal opinions can also be obtained from Commission staff.
The Commission does not review projects filed under MGL Ch. 40B (affordable housing projects) as Developments of Regional Impact. Such projects are exempted from Commission review by the Act.
Discretionary Referrals
Development projects that do not meet one of the thresholds above may be referred to the Cape Cod Commission for review as DRIs through a Discretionary Referral. Such a referral can be made by a municipal agency (defined as any board, commission, department, etc. that has authority to approve or grant a development permit, including the board of selectmen) in the town where the project is located, or by the board of selectmen in another town. The board making the referral may request that all issues be looked at (water, traffic, open space, etc.) or may request a more limited review that is limited to one or more issues.
Once a referral is made the Commission will determine whether the project is likely to pose regional concerns. Based on this decision they will accept or reject the project for review as a DRI. Criteria for their review are contained in the Cape Cod Commission Act. Single family dwellings are presumed not to have regional impacts.
Suspension of Local Review during DRI Review
No development permits can be issued at the local level for projects that require Cape Cod Commission review until such review is completed. The Act includes within the definition of development permit: any permit, license, authority, order, approval, certificate, endorsement, or permission required from a municipal agency prior to the commencement or completion of any development.
Review Standards
Developments of Regional Impact are reviewed for their consistency with the Act, the County's Regional Policy Plan and any Commission certified Local Comprehensive Plans. The Commission must also find that the probable benefit from the proposed development is greater than the probable detriment, and that the project is consistent with municipal development bylaws and any District of Critical Planning Concern regulations (where applicable).
The Cape Cod Regional Policy Plan contains Minimum Performance Standards which set for standards that development projects must meet. These Minimum Performance Standards address a wide range of issues including transportation, water resources, affordable housing, economic development, historic preservation/community character and natural resources protection. Of particular interest to local land bank/open space committees, the RPP requires a 100-ft. undisturbed buffer to wetlands and waterbodies, preparation of a natural resource inventory for proposed development sites, preparation of a cluster plan for residential development, and the set-aside of permanent open space for Developments of Regional Impact. Under the Regional Policy Plan, the Commission can require vernal pool buffers of 350 feet.
Open Space Requirement
The Cape Cod Commission requires that applicants set aside land as open space in order to meet the County's goal of protecting 50% of the remaining developable land on Cape Cod. The amount of open space varies on a project site depending on its location. Projects within "Significant Natural Resource Areas" (mapped by the Commission) are generally required to set aside 65% open space. The amount of acreage is determined by the size of the parcel to be developed. The Regional Policy Plan contains more detailed information that can be used to determine the precise amount of open space required.
Open Space must be located in the portions of the site with the highest natural resource values and must be designed to be contiguous with adjacent project open space where applicable.
Open Space must be permanently restricted by either deeding it to a town or nonprofit land conservation organization, or by subjecting it to permanent conservation restriction. Open space may be open for public use or access to such areas may be restricted. The Commission cannot require public access to open space, but the RPP contains incentives for allowing such access. No land on which structures are standing can be counted toward the required open space..
Off Site Open Space and Cash Contributions
The Regional Policy Plan permits the Commission to approve provision of the required amount of open space off site or through a cash contribution to the town or a nonprofit land trust. Recently, a number of applicants have contacted town land bank committees to help identify potential off site parcels that they may purchase to meet their open space requirement. Several significant parcels have been protected that the towns would not otherwise have been able to purchase. In other cases funds have been donated to the town or a local land trust to be used for the protection of open space as mitigation for development projects.
Districts of Critical Planning Concern
These are specific geographic areas of Cape Cod identified and designated because they are in need of special planning attention. They may include one town or several towns.
Districts of Critical Planning Concern (DCPCs) can be nominated by a board of selectmen, historic commission, planning board, board of health or conservation commission of any municipality for areas within the town boundaries of the nominating town board or a contiguous town. Nominations can also be made by the Cape Cod Commission, the County Commissioners or the Assembly of Delegates.
DCPC nomination triggers a process of public hearings and review by the Cape Cod Commission and the Barnstable County Assembly of Delegates, followed by rewriting of local development regulations. A development moratorium exists during this period that can be tailored to the specific issues of concern within the DCPC.
To date, seven areas have been designated or are under review for such designation. These are the Black Beach/Great Sippewissett Marsh DCPC in Falmouth, the Bournedale DCPC in Bourne, the Three Ponds DCPC in Sandwich, the Six Ponds DCPC in Harwich, the Barnstable DCPC, the Quivet Neck/Crowe's Pasture DCPC in Dennis, and the Pond Village DCPC in Barnstable. The protection of significant open space areas has been a major factor leading to the local nomination of several of these districts.
Commission staff is available to discuss the suitability of potential nominations for towns that are considering them.
Questions and requests for additional information can be directed to either Heather McElroy, Natural Resources/Land Protection Specialist, or Dorr Fox, Chief Regulatory Officer, at the Cape Cod Commission at 508-362-3828 or send e-mail to: hmcelroy@capecodcommission.org or dfox@capecodcommission.org
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