8/8/2013 ENVIRONMENTAL OVERSIGHT COMMITTEE Minutes

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WHEREAS, regulating fertilizer application is one of the more straight-forward, easily- implemented and cost-effective ways to help address the broader nitrogen loading issues on Cape Cod. WHEREAS, the Cape Cod Commission hereby proposes for nomination a district of planning concern to manage fertilizer use and application, to be known as the "Fertilizer Management DCPC" WHEREAS, the nominated district is Cape-wide, including all 15 Cape Cod towns, extending to the geographic municipal boundaries of all 15 Cape Cod towns. WHEREAS, there is a need for a special, coordinated system of planning and regulations to manage fertilizer use and application in the district proposed for nomination, which are likely to be effective in protecting or otherwise meeting the objectives of the proposed district by preserving or maintaining the resources intended to be protected by the Act. WHEREAS, without special fertilizer management regulations in place in the proposed district, inappropriate fertilizer application could continue to contribute to degradation of Cape Cod's water resources. Evidence suggests that fertilizer management regulations could help protect, maintain and repair Cape Cod's water quality. WHEREAS, the opportunity to adopt local fertilizer management regulations through a DCPC is especially important now that the county and towns' ability to regulate this area has been restricted. The Attorney General has advised that recently enacted amendments to Chapter 128 of the General Laws give the Massachusetts Department of Agricultural Resources (MDAR) exclusive authority to regulate and enforce fertilizer application in the Commonwealth. WHEREAS, one of the limited exceptions to MDAR's exclusive jurisdiction in the Chapter 128 amendments is for regulations adopted pursuant to the Cape Cod Commission Act, if completed prior to January 1, 2014. Implementing Regulations adopted pursuant to a fertilizer management DCPC would preserve the towns' ability to regulate fertilizer applications in light of these recently enacted amendments to Chapter 128 by the State Legislature. WHEREAS,upon designation of this proposed DCPC, it is anticipated that; towns may, at their discretion, opt to adopt Implementing Regulations in the form of a fertilizer regulation consistent with a model regulation that will be developed by the Commission with input from the towns, the University of Massachusetts Amherst Extension, and the Massachusetts Department of Agricultural Resources. WHEREAS,upon receipt of the DCPC nomination form, the Commission provided notice of the nomination pursuant to Section 11(a) of the Act, including the first newspaper publication in the Cape Cod Times on July 25, 2013, with subsequent publication in town newspapers. 2