Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding the provisions of any general or special law 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 thirty-one 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.