208 Consistency Guidance

Chapter A of the Cape Cod Commission Regulations, Enabling Regulations Governing Review of Developments of Regional Impact, exempt municipal water quality plans and projects that have nutrient remediation as the primary purpose from Development of Regional Impact review. Instead, these plans and projects are reviewed for consistency with the Area Wide Water Quality Management Plan (208 Plan Update).

Consistency with the 208 Plan Update is determined upon review of the plan or project relative to the following criteria:

• WMA assumes responsibility for controllable nitrogen for any part of the watershed within its jurisdiction
• Plan meets applicable nutrient reduction targets
• Planning occurs at a watershed level with consideration of a hybrid approach
• Public was engaged to gain plan consensus
• Plan includes proposed strategies to manage nitrogen loading from new growth
• Plan includes adaptive management approach
• Plan includes pre- and post-implementation monitoring program
• Plan includes a description and assessment of the town’s proposed funding strategy
• WMA commits to regular 208 Plan Update Consistency reviews until water quality goals are achieved, generally reviewed atleast every five years
• In shared watersheds, WMA seeking 208 Consistency Review collaborates with neighboring WMA(s) on nitrogen allocation, shared solutions, and cost saving measures

Guidance Documents

The following documents provide guidance on the review criteria, as well as the procedure for obtaining a consistency determination:

• Guidance on Section 208 Plan Update Consistency Review Criteria
• Guidance on Obtaining a Section 208 Plan Update Consistency Determination