The Cape Cod Commission is a regional land use planning and regulatory agency created by an Act of the Massachusetts General Court in 1990. The Commission reviews projects that present regional issues identified in the Act, including water quality, traffic flow, historic values, affordable housing, open space, natural resources, and economic development. This guide answers questions frequently asked about the Development of Regional Impact review process. Members of the Cape Cod Commission staff are available to provide assistance with any questions you might have.
Certain development projects, due to their size, location, or character, affect more than one community. For example, a proposed commercial development may impact water quality in two towns. The Cape Cod Commission Act calls such a project a "Development of Regional Impact," or DRI.
Projects that are determined to be DRIs may, under certain circumstances, receive an exemption from full DRI review. To qualify, an applicant must prove a hardship or demonstrate that a project does not have regional impacts. In addition, projects that obtained certain local permits, as specified in the Cape Cod Commission Act, before July 1, 1989 or the effective date of the Act are exempt from DRI review.
The formal review process starts when the applicant applies for town permits. If a project triggers one of the previously listed thresholds, the local permitting authority will refer the project to the Commission for DRI review. If the project is referred to the Commission, the town-permitting time clock is suspended until the Commission completes the DRI review.
The Cape Cod Commission encourages potential applicants to meet with Commission staff while each project is in the early stages of planning. The pre-application meeting allows the staff to assist with site planning, design issues, and the application process. A joint scoping session with the town may also take place at this time.
When an applicant applies for town permits and the project is referred to the Commission, the applicant must submit a DRI application. The application includes questions about property ownership, project location, and description. The applicant must also file project plans and other supporting documents, as necessary. Cape Cod Commission staff members are available to answer questions about the DRI application.
Click on the small flow chart (to the right) to see a larger version.
A complete application is key to a timely review. The average DRI review time to date is about five months, although it can be shorter. State law requires completion of the review process within seven months, unless the applicant and the Commission mutually agree to extend the period. The Cape Cod Commission tries to make DRI decisions as expeditiously as possible.
The Cape Cod Commission is made up of 19 appointed members. Review of each DRI project is assigned to a subcommittee of five Commission members (one of whom may be the local representative). Commission staff prepare a report on the project for the subcommittee. The subcommittee holds at least one public hearing on the project in the town in which the project is located. Once the subcommittee's review is complete, the subcommittee and staff make a report to the 19-member Commission, which holds a final public hearing and renders a decision on the project.
To be approved, a project must be consistent with the Cape Cod Regional Policy Plan, the local comprehensive plan, local development bylaws, and any designated Districts of Critical Planning Concern (areas that have been designated for special protection of important resources).
A project must also show that its benefits to Cape Cod outweigh its detriments. The DRI review process incorporates local concerns as much as possible.
To be approved, a project may be required to meet certain conditions, such as contributing a fair share of funds towards traffic improvements or providing affordable housing in new residential developments.
After a DRI project is approved by the Cape Cod Commission, the applicant needs to complete the town review and permitting process to obtain the necessary local approvals and proceed with the project. The time clock of the local board, which was suspended during DRI review, resumes after the Commission makes its decision.
The Cape Cod Commission works closely with applicants and local, regional, and state reviewing boards to help keep costs down. For example, the Commission may be able to coordinate local review and DRI review through a joint scoping process, saving time and money. Cape Cod Commission staff members and resources are also available to provide assistance and to minimize duplication of effort.
Timely submission of the requested information also ensures that the process goes smoothly. In addition, site plan submission requirements are similar to those that are required by town boards.
Fees vary according to the type of project and are listed in the DRI application packet. Under some circumstances, a full or partial waiver of the filing fee may be granted.
The resource list (BELOW) and list of Commission staff may help with the DRI review process. For further information, please call the Cape Cod Commission at (508) 362-3828.
Go to the Regulatory Program page
of the Cape Cod Commission Web site
Go to the Cape Cod Commission page
Home Page