The state has weighed in on the issue of how Chappaquiddick beaches are accessed by over-sand vehicles (OSV), a decision welcomed by various stakeholders of Chappaquiddick’s beaches.
The Massachusetts Department of Environmental Protection issued a superseding order of conditions on April 13 that established parameters for OSV access to Leland and Cape Poge. The orders eased the controversy on vehicle access and included more detailed boundaries that compromised arguments on both sides.
Access to beaches on Chappaquiddick via OSVs has been a contentious topic, particularly for areas around the Cape Poge Wildlife Refuge operated by the Trustees of Reservations, a statewide conservation organization. Homeowners on Cape Poge want more restrictions to protect the environment and privacy, while beach access advocates argue for the preservation of historically accessible routes.
The state’s orders stemmed from a set of appeals by the Trustees and Chappaquiddick residents who were dissatisfied with an Edgartown Conservation Commission decision last May. In its vote, the commission decided that 200 OSVs could drive each day onto Leland Beach, which is located at the southeastern portion of Chappaquiddick, and another 30 vehicles could use Cape Poge, which is at the smaller island’s northern tip.
The Trustees argued that some of the commission’s conditions exceeded its authority, including a code-controlled gate the organization would’ve had to pay for as well as regulation over the use of trails. The organization also argued that a collective 300 vehicles should be allowed on the beaches, which it had proposed. Meanwhile, Chappaquiddick residents argued that it was unclear how the commission conducted its calculations of the number of vehicles allowed on Leland and Cape Poge and worried about a lack of guardrails. In October, the conservation commission further bumped up the 230-vehicle limit to 275 in a new access plan.
Now, under the state’s framework, management of trails on Chappaquiddick is authorized through the Trustees’ beach management plan, which outlines how the nonprofit manages conservation areas under its care, and two sets of state guidelines on the management of barrier beaches and protecting piping plovers and terns. The orders do not label a cap on the number of cars allowed on the properties, but Mary Dettloff, director of public relations for the Trustees, said the conservation nonprofit “agreed to limit the number of vehicles allowed beyond the Dike Bridge to a maximum of 275.”
“It is our understanding that this limit applies only to Cape Poge and Leland,” Dettloff said. “We have emphasized that 275 is the maximum number. The actual number of OSVs is subject to our adaptive beach management approach approved in the superseding orders and will be driven by actual conditions of the beaches as well as shorebird protection requirements.”
The state also requires more clear delineation of where the vehicles can access using posts and strings. Through the new order of conditions, the Trustees have been tasked with maintaining barrier beaches and protections for piping plovers, a bird species that is endangered in the state. Dettloff said the Trustees “intend to continue to work with Edgartown under the Edgartown Wetland Protection bylaw.”
State officials and the Edgartown Conservation Agent are allowed to enter the properties to conduct inspections, the conditions read.
“The Commissioners and staff have reviewed them and are happy with the outcome,” said Kara Shemeth, Edgartown conservation agent.
The state’s orders have not only pleased the Trustees but also landowners and beach access advocates.
Darci Schofield, Islands director for the Trustees of Reservations, said the state’s order of conditions will allow the conservation organization to provide access to beaches of Cape Poge, Leland, and Wasque, locations that for generations have been “a cherished part of the lives of residents and visitors to Chappaquiddick.”
“We appreciate the Department of Environmental Protection’s recognition that our adaptive management approach successfully balances conservation and public access while meeting the requirements of the state Wetlands Protection Act,” Schofield said.
Schofield also said the Trustees will “continue to work closely” with the Edgartown Conservation Commission to manage the beaches.
“Providing public access to these special places is at the heart of what we do as an organization, connecting people with nature and growing the next generation of conservationists,” Schofield said in a statement. “We cannot wait to see you all on the beach!”
Rachel Self, a homeowner on Cape Poge, called the ruling a “win for oversight, accountability, and the resource itself.”
“With its superseding orders the Department of Environmental Protection (DEP) has ensured that our Chappy beaches must be managed with greater oversight, accountability, and care,” Self said in a statement.
She also highlighted that with “enforceable safeguards,” the state’s orders “impose clear requirements ensuring recreational OSV use and beach management must comply with state-established environmental standards.”
In a public statement, Peter Sliwkowski, president of the MV Beachgoers Access Group, called the state decision a “major victory for statewide public and OSV access.”
“These Superseding Orders of Conditions (SOC) represent a milestone victory and a clear validation of what this community has been fighting for all along: the shared belief that responsible public access and environmental stewardship can — and do — go hand in hand,” Sliwkowski wrote, adding that the state’s decision provided a “clear, structured framework that restores and protects meaningful public access to the beaches of Chappaquiddick.”