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Inter-tidal zone, or “The Flats”
https://wellfleet.wickedlocal.com/news/20190328/how-do-you-like-price-of-them-flats
Wellfleet oysters are known worldwide and now there is the opportunity for the town to buy 250+ acres of “flats” that are partially used for oyster grants now.
A few years back an upland owner sued the oystermen to cease the aquaculture in front of his house at Indian Neck. The property is registered land (a MA peculuarity) and the Oystermen’s lawyer, after researching the title, that the area below Mean High Water was specifically excluded from the Registration case. Therefore the flats were in the original developers ownership. The heirs sold the flats to the oyster farmer (4 of them anyway) and created the H.D.Y.L.T.A. Trust (How Do You Like Them Apples Trust).
Subsequently I was approached by the consortium to develop a plan dividing the flats into “lots” for oyster grants. Over the last year they have sold 5 acres at $20,000 per acre! Not bad for an original purchase price of $25,000 for the 250+ acres!
Now the town is interested in purchasing the inter-tidal zone. The price tag s 3.5 million.
The interesting part about this survey was two things; 1) locating the 100 rod line on the flats, and 2) intersecting that line with the channel of Blackfish Creek.
Another interesting issue was when I presented the plan to the planning board! LOL. In MA any creation of a new property line for conveyancing requires an endorsement by the Planning Board, either that the plan shows a subdivision, or if not, an Approval not REquired endorsement that states the plan does not show a subdivision. If there are now new lots created on new ways or roads, then the plan is not a subdivision under the MA Subdivision Control Act. My argument was that we were creating unbuildable lots without any new roads or ways. The planning board was confused, angry, and refused to sign the plan, or take any action. After 21 days we obtained the Town Clerks endorsement that the Planning Board failed to act, and recorded the plan.
Now that the owners have sold 3 grants, one of 2 acres and one of 3 acres, a value has been determined for the flats! I am very curious how the local tax assessors are going to deal with this for all the private flats in MA! I can only assume that when the upland owners start getting taxed for their flats they may start donating them to the towns!
Just as a clarification, all the inter-tidal land is assumed to be in the ownership of the upland owner to Mean Low Water, or 100 rods, whichever is closer. This was established in the 1641-1647 Colonial Ordinances. Now that everyone is getting pissed off about private beaches this taxing might start to change things.
I’ve been waiting for about 10 years for this issue to come up and now it is upon us!
In the picture you can see the grant structures as dark rectangles, submerged in this photo. The Tide range in Cape Cod Bay is about 10′ average. In some places, like my town of Brewster, we have “flats” that will extend over a mile at low tide!
I ran into one of the farmers the other day, on a different project where he is an abutter. He was nice enough to give us a couple dozen oysters! LOL, it turned out that his dad was my favorite teacher in High School.
Have a good day!
Don
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3 Replies
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Cool project. I wouldn’t consider the value of these flats to be universal, as not all flats are suitable to growing oysters.
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Wouldn’t the navigation clause of the ordinances be grounds for access? I seem to recall the subdivision of Strong Island used water for the access.
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As we did for Sipson’s Island, back in the day.
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