Herring River Restoration Project

In April 2017, attorney William Henchy provided the Herring River Concerned Citizens with his legal opinion regarding financial liability for harm caused by the Herring River Restoration Project. He wrote: "It is my opinion that primary responsibility would rest with the Town of Wellfleet, which is the owner of the dike at Chequessett Neck Road."

The 2014 Memorandum of Understanding (MOU III) between Wellfleet and the National Park Service specified that the town of Wellfleet should continue to own the Chequessett Neck Road dike and its tide gates. The superceding 2019 MOU IV states that "The owners of existing infrastructure shall continue to own any modifications, replacements or improvements to it, and the owners of the underlying land shall own any new components of Project infrastructure." Hence, the new bridge, with its high-tech gates to control tidal flow, will convey financial liability to its owner, the town of Wellfleet.

The concerned citizens repeatedly pointed out the need to protect individuals and businesses that are harmed by the restoration project. But their protestations fell on deaf ears. Not only did planners and policymakers choose not to provide insurance or indemnification, but attendees of the 2017 Wellfleet annual town meeting voted against a warrant that would have directed the Wellfleet select board not to allow any permit applications for the project unless the proponents gave assurance they would provide appropriate insurance. Based on attorney Henchy's legal opinion, by this action, the Wellfleet taxpayers effectively voted to assume full responsibility for any financial harm caused by the project.

Eleven years earlier (in 2006), the Herring River Technical Committee recognized that Wellfleet would be assuming considerable financial liability by undertaking the project, and even asked the question "How will the costs of restoration affect the tax rate?"