Cape Cod Ocean Management Plan Planning for Offshore Development

IGERT Presentation

February 9, 2012

Overview

• Cape Cod context

• MA Ocean planning

• DCPC planning tool

• Planning process

• Appropriate Scale for WECFs

• Other development recommendations

• Process Outcomes

Cape Cod, MA

• SE Mass

• Barnstable County

• Land area 412 sq. mi.

• 15 Municipalities

• Population:

– Year round = 228,683

– Summer = 460,000 (estimated)

Used under License: Google Earth

Cape Cod Commission

• Created by Act of State legislature in 1990

• Charge under CC Act: Protecting the Cape’s resources

• Authority to:

– prepare and oversee the implementation of a regional land-use policy plan

– recommend designation as districts of critical planning concern

– review and regulate developments of regional impact

• One of two RPAs in MA with regulatory authority

Cape Cod Commission structure

• 19 CCC members

• 40+ staff

• Department of Barnstable County regional government

• Separate funding source (Environmental Protection Fund)

• Budget and regulations approved by county legislature

Cape Cod Wind Resources

MA Ocean Management Planning

2008 – MA Ocean Sanctuaries Act revised • Allowed renewable energy, other

development in sanctuaries

2010 – MA Ocean Management Plan • Statewide marine spatial planning • Established state policy and standards

for development in the ocean • Mapped Prohibited, Provisional and

Multi-Use Areas

Charged RPAs: • Define appropriate scale

• Allocation of 24 turbines for CC • Develop regulatory review thresholds

and criteria

Cape Cod Response

• Barnstable County – Designates water as District of

Critical Planning Concern (DCPC)

• DCPC tool: – 1-year moratorium – Ocean DCPC first county-wide

• Designated Area – Follows state planning area – 0.3 n.m. to state boundary

• Purpose – Define appropriate scale for

Cape Cod – Review standards and

thresholds

Why nominate a DCPC?

• Protect key regional resources

– Right Whale habitat

– Rare species

– Eelgrass beds

– Historic/cultural resources

– Visual resources

• Ensure local control over development in ocean waters

DCPC Process

Ocean Management Planning DCPC Appropriate Scale Factors

– Public trust

– Public safety

– Compatibility

– Proximity to shore

– Environmental protection

– Community benefit

– Appropriateness of technology and scale

– Visual considerations

Ocean Management Planning DCPC Planning Process

• Community Involvement:

– Policy Committee • Chief elected officials from

towns

– Technical Advisory Committee • Specialists in renewable

energy, marine biology, coastal engineering, landscape architecture

– Stakeholder groups • Energy advocates, habitat

protection groups, fishing interests, business, military

• Meetings/activities posted on website, blog

Ocean Management Planning DCPC: Planning Process

Policy Committee Role

– Represented local interests

– Advised of development potential and constraints

– Presented with policy options

– Utilized GIS tools to map resources

– Deliberated appropriate scale

– Prohibited Areas map

– Direction for implementing regulations

Cape Cod Ocean Management Plan Overview

Plan Content:

– Examines resources and activities within planning area

– Discusses priority conservation objectives

– Addresses new, allowable activities within the district

– Defines appropriate scale

– Recommends regulatory and planning actions to address goals of the plan

Ocean Management Planning DCPC Definition of Appropriate Scale

WECFs not appropriate scale when located within:

– 2 nm of MHW

– High Effort/Value Commercial Fishing areas

– Commercial Fish Traffic Areas

– Commercial Traffic Lanes

– Cape Cod Ocean Sanctuary

– Core Habitats for North Atlantic Right whales, Fin Whales, Humpback whales

– Core habitat of Tern spp

– expanded NARW habitat

– intertidal habitats

Cape Cod Ocean Management Plan Prohibited Areas

Not appropriate scale when – Located within 2 nm of MHW

– Located within High Effort/Value Commercial Fishing areas

– Located within Commercial Fish Traffic Areas

– Located within Commercial Traffic Lanes

– Located within Cape Cod Ocean Sanctuary

– Located within Core Habitats for North Atlantic Right whales, Fin Whales, Humpback whales

– Located within Core habitat of Tern spp

– Located within expanded NARW habitat

– Located within intertidal habitats

Cape Cod Prohibited Areas overlaid

State Wind Energy Exclusionary Areas

Ocean Management Planning DCPC: Draft Implementing Regulations

Wind Energy Facilities

• Provisional areas

Ocean Management Planning DCPC Wind Energy Standards – Provisional Areas

• Buffers to navigation routes

• Setbacks from shore

• Compatibility with existing uses

• Visual Impact Assessment

• Requirements for showing community benefit

• Protect wildlife habitats

• Cultural resource protections

• Analysis of cumulative impacts

Ocean Management Planning DCPC: Sand/Gravel Mining Standards

• Assess and mitigate physical impacts

• VIA for projects that are in operation more than 1 year

• Demonstrate significant benefit to community or ecosystem

• Sand used on Barnstable County beaches

Ocean Management Planning DCPC: Cables and Pipelines Standards

• Protect economic vitality of landfall community

• Coordinate conduit crossings

Ocean Management Planning DCPC Commission Recommends Approval

• Review by CCC Planning/Regulatory Committees

– Incorporate prohibited areas maps

– Include performance standards that apply to development in provisional areas

• Oct. 2011 - CCC recommends AOD adopt regulations

Ocean Planning DCPC Train Falls off the Track

• AOD fails to adopt implementing regulations

– Weighted vote

– WECF Prohibited Areas not restrictive enough

– Map ferry routes, fish resources

– Viewed Provisional Areas as “go-to” areas

– NIMBY: Cape Wind

• Leaves region without local control

Cape Cod Ocean Management Plan Back on Track

• state plan required review of WECFs as DRIs

• CCC adopts Cape Cod Ocean Management Plan

• Defines appropriate scale

• Pursues adoption of review standards for Sand and Gravel mining

• VIA Technical bulletin

Outcomes

• CC OMP responds to state mandate for review standards

• Cape Cod marine spatial planning effort

• Developed a VIA process for offshore development

• Plan didn’t affect local jurisdictions

• No imminent development threat

• Better outreach early on at local level

Contacts & Links

Sharon Rooney, AICP, RLA Chief Planner, Cape Cod Commission

srooney@capecodcommission.org

http://www.capecodcommission.org/oceanplanning