AN ACT RELATIVE TO ORDERS OF CONDITION FOR RECREATIONAL ACTIVITIES AT NAUSET BEACH WITHIN THE TOWNS OF ORLEANS AND CHATHAM.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Notwithstanding the provisions of any general or special
to the contrary, any order of conditions issued pursuant to the provisions of
section forty of chapter one hundred and thirty-one of the General Laws or any
local ordinance or by-law, by the conservation commission of the towns of
Orleans and Chatham to a municipal entity of one or more of said towns
permitting active or passive recreation including but not limited to bathing,
picnicking, hiking, swimming, hunting, in season, fishing and the operation of
off-road vehicles, but not including any construction of structures other than
fencing and boardwalks to prevent beach, dune or coastal erosion, or for the
protection of the threatened or endangered wildlife species on the land located
on the barrier beach known as Nauset beach or North beach within said towns of
Orleans and Chatham, being that beach fronting the Atlantic ocean running from
the Eastham/Orleans town line to that portion of the barrier beach in Chatham
where the waters of the Atlantic ocean and Chatham Harbor intersect, commonly
known as the "break" or the "cut", shall not be stayed during the pendency of a
judicial or administrative appeal.
The activities permitted by any such order of conditions shall be allowed to
continue during said appeal, but only if said activity conforms to the
conditions set forth in the order of conditions and any superseding order of
conditions issued, if any, pursuant to section forty of chapter one hundred and
of the General Laws.
The provisions of this act shall cease to apply to any portion of the barrier
beach described herein for which a final order of conditions or superseding
order of conditions, subject to the provisions hereof, has issued.
Nothing contained herein shall be construed as a stay of any final decision
of any administrative or judicial body to which an appeal has been taken from
any such order of conditions.
SECTION 2. This act shall take effect upon its passage.
Passed without Governor's signature, December 31, 1992.