9/12/2013 ENVIRONMENTAL OVERSIGHT COMMITTEE Minutes

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� �b5�iliecia �t(lS'{i�Jf(, .�'1C;4srrr°1�t(SCftfi (J'Lts�f) CQ ns.a vation t aonbFnission September 12, 2013 Cape Cod Commission P.O. Box 226 Barnstable, MA 02630 Re: Support for the Cape-wide Fertilizer Management District of Critical Planning and Concern (DCPC) Dear Members of the Cape Cod Commission, On behalf of the Mashpee Conservation Commission, I am submitting this letter of support for the adoption of the recently nominated Cape-wide DCPC to provide all Cape Cod towns the opportunity to manage applications of lawn fertilizers. The protection and continued preservation of our water resources is of the utmost priority. Wastewater has been identified as the leading cause of nutrient loading into our coastal and inland water bodies and justifiably so;however,the issue of fertilizer usage appears to be under debate as to the severity of its impacts on Cape Cod's water quality. There are questions as to the accuracy of determining how much fertilizer is applied on a cumulative, annual basis on Cape Cod as well as the leaching rate of phosphorous and nitrogen into the groundwater from the application of fertilizers. If a regulatory framework is to be developed for the application of fertilizers, it should be backed by clear and compelling scientific evidence and enforced with an educational approach. Mashpee's Chapter 172 Wetland By-law contains regulatory language that addresses nitrogen loading and lawn standards within wetlands jurisdiction. The Mashpee Wetland Bylaw places a high priority on restricting lawn areas based on lot sizes and establishing low impact lawns that are comprised of native, warm season grass mixes combined with specific criterion on loam depth, fertilizer usage and lawn maintenance plans. Ideally,this regulation seeks to promote the establishment of native grass species that require only minimal fertilizer usage. Additionally,there are provisions in the regulatory framework for the establishment of naturally vegetated buffer strips and/or enhancement of existing vegetated buffer strips that separate lawns from wetlands and water bodies. Establishing or enhancing native buffer strips helps to intercept nutrient runoff from lawns that may otherwise leach directly into water bodies unabated. Regulatory language should seek to educate and inform first and foremost. The language used should be clear, concise and based on scientific evidence that is tested in the court of public opinion. As a Conservation Agent, I have found that the most effective tool in accomplishing compliance is to explain the reasoning behind the regulation(s)in an easy to understand and non-threatening way. I endorse the opportunity for each town to establish its own regulatory approach to managing the application of fertilizers with the caveat that the regulations are feasible, realistic and most importantly,enforceable. On Behalf of the Mashpee Conservation Commission -Andrew McManus Mashpee Conservation Agent