HomeMy WebLinkAboutCornell Cooperative Ext. Marine Program Mooring Background Research CORNELL COOPERATIVE EXTENSION MARINE PROGRAM
MOORING BACKGROUND RESEARCH - C. SMITH
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(New chapter)
Chapter 34 MOORING AND ANCHORING
§ 34-10. Mooring and anchoring.
The Town of Southold permits temporary anchoring and the installation of moorings for boats in
specified locations of town waters. The use of moorings has increased to such an extent that,the,
number of moorings has begun to impair the fragile marine environment in the surrounding town
waters. The Town Board therefore declares it to be the policy of the town to restrict and regulate
temporary anchoring and the issuance of mooring permits in order to ensure their orderly and
safe placement in town waters.
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This law is intended to:
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A. Adopt permit procedures for designating mooring areas based on a mooring grid,'or
layout. ?-
B. Assign mooring sites in other waters where appropriate through use of alternative
mooring techniques and better layout of moorings.
C. Ensure protection of shellfish beds and eelgrass habitat through better siting of
moorings.
D. Improve enforcement by establishing clear mooring identification systems.
E. Establish minimum mooring tackle standards to increase safety and permit
maximization of mooring capacity in enclosed areas.
F. Remove illegal moorings.
G. Revoke permits where mooring is not used by permit holder.
H. Enforce existing mooring permits.
I: Maintain a formal mooring application list and waiting list.
J. Require appropriate and legitimate public or private access to the mooring.
§ 34-11. Permit required.
No person shall place any moorings in or on any town waters or public lands under or adjacent
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to town waters in the Town of Southold without first obtaining a permit therefor from the
Southold Town Trustees of the Town of Southold.
§ 34-12. Issuance of permits by Southold Town Trustees.
The Southold Town Trustees of the Town of Southold is hereby authorized and empowered:
A. , To issue revocable permits for the placing of moorings in or on any town waters or
public lands under or adjacent to town waters,provided that the same do not obstruct or interfere
withnavigation or the public use of said waters or lands.
B. To establish and.designate restricted areas in-the Town of Southold wherein the mooring,
anchoring or placing of boats shall be prohibited.
C. To establish uniform fees for the issuance of permits required by this Article.
§ 34-13. Definitions.
For the purpose of this Article, the terms used herein are defined as follows:
BOAT or VESSEL-Any floating object capable of carrying people as a means of
transportation in water, including any airplane capable of landing on water as well as any floating
structure,not otherwise considered to be part of a dock structure as defined in Chapter 32,with
or without means of propulsion that can be moored independently or can be secured by any
means to a piling, dock,bulkhead, groin,'or other fixed devices located above or below mean
high water mark.
BOATYARD -A commercial facility having the primary'function of building,repairing
and/or maintaining vessels,with or without provision for sales of food and beverages, general'
supplies, fuel, vessels and equipment, rental of space for berthing or storing vessels, and/or the
rental of commercial moorings.
HOLDING MOORING-A mooring used by a boatyard or marina for temporarily securing a
vessel before its hauling or launching, and not for rental purposes.
MARINA-Any dock, pier or other facility operated for profit, or to which public patronage is
invited,providing moorings, dockage or other marine services primarily for power and sailing
yachts, launches or other watercraft, other than floating homes, and which may also be capable of
removing any and all watercrafts moored or docked 'within the marina from the water for repair
and/or storage.
MOORING-Any of a number of different mechanical or cable-like systems the intended purpose
of which is to permit the securing of a boat to a fixed location. Said system typically consists of
an anchoring device (mushroom or other)which is placed on the bottom of the harbor and is
connected to a floating device (i.e., ball)by cables and/or lines. The term mooring shall include a
stake, mooring and pulley system.
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MOORING AREA-Those underwater lands designated by the Southold Town Trustees as areas
exclusively for the permanent or semi-permanent mooring of boats or vessels.
MOORING GRID - A configuration of mooring placements designed to optimize the utilization
of the mooring area,based on a system of x-y grid plane coordinates, established by the National
Ocean/National Geodetic Survey, that can be used for defining and stating the geographic
positions or locations of points on the surface of the earth within a given area.
MOORING PERMIT- Written approval of the Southold Town Trustees required to place a
mooring on underwater lands as specified under this law.
RIPARIAN OWNER-The person or persons having title in fee to the adjacent upland
parcel,who possesses the common law right of reasonable access to adjacent waters. This shall
include the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s)or
entity(ies)with a legal or beneficial interest in the adjacent upland parcel.
RIPARIAN OWNER MOORING- A private mooring,belonging to a waterfront property
owner,the use of which is not limited to a specifically identified vessel.
STAKE,MOORING AND PULLEY SYSTEM-A system consisting of an in ground or
equivalent stake above the mean high water mark and a mooring in the immediate adjacent
waterways,both connected by lines and pulleys. For purposes of this chapter, these shall be
treated as a mooring.
TEMPORARY ANCHORING- The securing of a boat means of an anchor carried aboard the
boat for a period of 72 hours from the act of anchoring to departure from the area.
VESSEL CLASS -A vessel designation based on design characteristics, and in particular, a
group of vessels whose hull dimensions fall within established limits.
WINTER STAKE- A marker which replaces a mooring buoy and which bears the valid
permit number as prescribed in this Chapter 34.
YACHT CLUB -A not-for-profit corporation, as defined by§ 102 of the Not-For-Profit
Corporation Law of the State of New York, established for the principal purpose of engaging in
recreational boating. The activities of such a"yacht club" shall be limited to its members and
their guests and shall not be extended to the general public.
§34-14. Temporary Anchoring
A. No boat shall be anchored that'it at any time rests within any channel or interferes with
the full use of such channel, nor shall any boat be moored or anchored within 50 feet of any dock,
pier or other boat docking facilities.
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B. All boats temporarily anchoring in.Mattituck Creek shall anchor only in the federal
d anchorage area located near the head of said creek. The Town Southold Town Trustees shall
cause said anchorage area to be suitably designated by appropriate buoys or markers and shall
also cause suitable signs to be placed at appropriate locations in said creek to direct boaters to
such anchorage area.
C. Anchoring shall not be permitted for a continuous period of more than three consecutive
nights in a fourteen-day period within an anchorage unless authorized by the Bay Constable,
which authorization may only be granted for emergency situations.
§34-15. Mooring Requirements
A. No boat shall be so moored that it at any time rests within any channel or interferes with
the full use of such channel,nor shall any boat be moored or anchored within 50 feet of any dock,
pier or other boat docking facilities.
B. No boat shall be moored in such a manner as to interfere with the use of a preexisting
mooring.
C. No person shall moor, anchor or place any boat on any public lands at the end of any
town highway in the Town of Southold in an area established by the Southold Town Trustees of
the Town of Southold as a restricted area. ;
D. Moorings anchoring rafts and/or floats, including those governed by upland owners'
property rights, must be assigned a permit number by the Southold Town Trustees.
E. No moorings shall be permitted in the following Town waters: Wickham Creek,Hallocks
Bay,Downs Creek and West Creek(Cutchogue).
F. No boats greater,than 26 feet in shall be permitted to moor in-any Town Creek.
G. Rafting on a single mooring will only be permitted for not more than three boats during
the daylight hours and two boats at night,provided it does not interfere with adjacent single
moorings or anchorages or navigation of other boats. Owners or operators of rafted vessels shall
not leave the raft unattended and shall be available to tend to the vessels in the event of heavy
weather.
§34-16 Mooring Assignments - General Rules
A. Riparian owners shall be permitted to erect a dock or install a mooring,but not both,
within the waterside boundary projects of their property. All riparian owners must apply to the
Southold Town Trustees prior to the placement of moorings.
B. Non-riparian owners shall be permitted to moor their vessels only in designated mooring
areas.
C. A neighborhood association or other membership organization holding an easement to
the water or riparian right may apply to the Southold Town Trustees for a group of moorings and
must, in each such application, identify the vessel owners.
D. Boatyards and marinas shall be entitled to apply for rental mooring permits and holding,
mooring permits in accordance with the procedures set forth in this chapter.
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§ 34-17 Mooring permits.
A. No mooring shall be placed unless authorized by a permit duly issued by the Southold
Town Trustees. Moorings shall be permitted in only designated mooring areas and in certain
waterways.
1. Any person applying for a mooring permit must own a boat or vessel, or have
leased or chartered same for a period of three consecutive years prior to the date of the
application,•must be at least 16 years of age and otherwise comply with the requirements of this
chapter. Proof of ownership or of lease or charter agreement must be submitted with the
application. Applications for moorings shall not be accepted for the,following types of boats:
a. Boats less than twelve (12) feet, nor more than thirty-six (36) feet, in length.
b. Personal watercraft and specialty prop-craft.
C. Sunfish, surfboards, windsurfers,and similar board boats:
d. Duck boats and duck blinds
e. Floating dry docks and similar non-self-propelled vessels.
f. Boats used as a permanent dwelling.
2. Applications for permits shall be available in the Trustee's office and shall require
the following information:
a. Vessel owners's name, address and contact,phone'number;
b. Description of specific vessel to be moored including:,
1. Vessel type and dimension(total length,water line length,,beam, draft)
2. Type and size of vessel's engine(if any)
3. Hull identification number for vessels built after 1972
4. Photograph that clearly identifies the vessel.
3. Attestation to compliance with no discharge requirements for any boat allowed to
use the mooring.
4. Coordinates of vacant location chosen by the applicant in a gridded mooring,area.
In a non-gridded area, the applicant must submit a sketch and description of the desired location
-in other mooring areas in a form acceptable to the Trustees.
B. Priority Assignments. Requests for a particular location or area of Town waters will be
treated in accordance with the following guidelines:
I 1. Riparian owners who do not have a mooring permit.
i 2. Displaced permittee from existing mooring.
3. Commercial vessel owners who do not have a mooring permit.
4. Pleasure vessel owners who do not have a mooring permit.
5. Boatyards and marinas applying for a holding mooring(s)which do not have a
mooring permit.
6. Current permit holders applying for additional moorings.
C. All mooring buoys shall be assigned a number by the Clerk of the Trustees, which shall
be affixed to the buoy by the permittee in numbers at least four inches in height. A permittee
shall notify the Clerk of any change in the boat to be placed at the mooring within thirty(30)'
days of the change,and must update the application to include information and a photograph of
the new boat.
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D. Mooring permits shall contain the following conditions:
1. The permit holder is responsible for installing and maintaining the appropriate
mooring tackle to adequately secure the boat to the mooring.
2. The permittee in gridded mooring areas shall guarantee that the pennant of the
mooring shall not exceed the maximum length specified by the Southold Town Trustees for such
vessel class.
3. Moorings shall be accurately placed before July 1 and properly maintained at the
location specifically permitted by the Southold Town Trustees.
4. All winter stakes must be removed from the water, and the mooring marked with
a buoy,between July 1 and Labor Day.
5. [Do-you want to indicate a date when mooring buoys are pulled and winter stakes
placed, or is it optional with the permittee?]
6. Acceptance of a mooring permit shall constitute an agreement that the permittee
will hold the Town of Southold and its authorized boards and officers completely blameless for
any liability in connection with the mooring or the boat or vessel; nor shall the Town be
responsible for the loss, theft or damage to boats and or their contents nor damage to any other
private property caused by moored boats.
E. Permittees may make their mooring available to their guests upon notification of and
permission from the Bay Constable, for a period not to exceed three consecutive nights within
any fourteen-day period. Permission shall be granted if the guest vessel is of compatible or like
size to the vessel for which the mooring was approved and can be accommodated with the
approved mooring tackle and within the approved mooring circle.
F. All mooring permits shall be valid for a period of three consecutive years but will expire
on December 31 of the third year of issuance.
G. If a permittee fails to place a mooring in the designated location during the mooring
permit period, the mooring permit will not be renewed.
H. ,A private mooring left unoccupied by the permitted vessel during the permit period may
not be renewed if there is a waiting list. However:
1. In the event of the death of a permittee the surviving spouse or the children may
apply to the Clerk of the Trustees for a transfer of the permit.
2. If a corporation is dissolved it's mooring permit will be revoked.
I. If a permittee acquires a different boat to be placed on the mooring, the applicant must,
within thirty days, provide the Clerk of the Trustees with a description of the new vessel,proof
of ownership and a photograph clearly identifying the vessel, so that the permit may be amended
accordingly.
J. Any person who intentionally makes a false or fraudulent statement or representation in
the application for a resident mooring permit shall be subject to permanent revocation of a
mooring permit or commercial mooring privileges.
§34-18. Riparian Owner Moorings
A. Riparian owners are not entitled to a mooring in the adjacent waterway in which they
have a dock. Only one mooring per upland adjacent parcel is allowed. All riparian owners must
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apply to the Southold Town Trustees prior to the placement of moorings.
B. Moorings shall be placed within the waterside boundary lines of the parcel so as not to
interfere with the water access from adjacent parcels. The waterside boundaries are determined
using the appropriate method for the shape of the shoreline for Long Island waters specified in 9
NYCRR 274.5. The Southold Town Trustees may require appropriate documentation for the
application, including surveys when necessary,to determine water rights lines.
C. Mooring buoys shall be placed in such a manner that each moored vessel will avoid
contact with any other moored vessel or structure. At no time may a moored vessel or part
thereof extend outside the limits of any water rights line of a parcel.
D. A riparian owner mooring permit granted by the Southold Town Trustees pursuant to this
Chapter shall not be rented, transferred or assigned, except as follows:
1. In the event that a riparian owner rents or leases his/her residence in favor of
exclusive tenant occupancy for least 120 days, the tenant may utilize the mooring for the same or
smaller Class Vessel for all or part of the duration of the occupancy of the residence;provided
that the Clerk of the Trustees is notified in writing of such arrangement including copy of the
lease,prior to the tenants'use of the mooring.
2. A riparian owner mooring may be used for not more than five calendar days in any
calendar month by other vessels of the same or smaller class belonging to the permittee or the
wr mittee's guests;provided that written notice of such occupancy is delivered to the Town
Clerk's office not later than the second day of such occupancy.
§34-19. Moorings in Designated Mooring
A. The Town Board, in consultation with the Southold Town Trustees, shall establish and
identify the-locations and perimeters of all mooring areas within Town waters for the use of non-
riparian vessel owners or riparian owners who are not permitted to place a mooring in water
adjacent to their upland properties. Coordinates of each mooring area shall,be mapped and on file
in the Board of Trustee's Office. The map must show the total area of each mooring area using
acres and square feet.
B. In designating Mooring Areas,the Town Board shall ensure that such areas shall avoid
navigation channels, shellfish beds, eelgrass beds,wetlands, submerged aquatic vegetation and
State-designated Significant Coastal Fish and Wildlife Habitats.
C. The hull dimensions applicable to each class of vessel shall be used as a basis for
configuring a mooring area grid that accommodates vessels having a wide range of dimensions.
D. The locations of mooring and stake mooring and pulley systems within certainmooring
areas shall be prescribed by vessel class at specified positions established by the Southold Town
Trustees, so as to accommodate an optimum number of vessels in a vessel class.
E. The location of each mooring shall be assigned by the Southold Town Trustees. The'
right to use a mooring space shall be based on a first-come first-served basis.
F. The Board shall consider optimum use'of available space, vessel safety, environmental
protection, impacts on shorefront property owners,whether the mooring will be used for vessel
storage or living aboard and the size and class of vessel, while assigning mooring locations.
G. Qualified applicants for a mooring permit in a gridded mooring area shall submit the
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required application form to the Clerk of the Trustees and indicate a preference for a vacant
location within a vessel class, suitable for the vessel to be moored.
H. A waiting list, divided into vessel classes, shall be established and maintained by the
Clerk of the Trustees for each designated mooring area,where no vacancies exist. To remain on
the waiting list in subsequent calendar years,the applicant shall pay a-renewal application fee to
the Clerk of the Trustees prior to January 1 of each year. Late payments or changes in vessel
class shall relegate applicants tot he bottom of the waiting list.
§34-20. Moorings Associated with Boatyards, MarinasYacht Clubs and Boating
Associations
A. The Southold Town Trustees,are empowered to designate commercial mooring areas for
the placement of moorings by boatyards,marinas, yacht clubs or boating associations which
place multiple moorings in the course of their business or association activities along the
underwater lands owned or controlled by the-Southold Town Trustees.No commercial mooring
zone shall be created within the jurisdictional waters of the incorporated Village of Greenport
without the consent of the village by resolution or local law. Said mooring areas shall be
designated in a manner which will ensure the availability of noncommercial mooring sites.
B. Boatyards,marinas and yacht clubs or boating associations which seek to place multiple
moorings in the course of their business or association activities may make application on behalf
of persons who utilize their launch and mooring facilities.Said permits shall be designated
commercial mooring permits and shall be limited to placement on moorings in certain mooring
areas,when said areas have been established located adjacent to dock or shore facilities. Such
i applications shall indicate the size of the largest vessel,which will be allowed to occupy the
• mooring. Boatyards and marinas may also apply for a maximum of two"holding moorings"used
to secure boats temporarily before hauling or launching.
D. A mooring may be rented by the boatyard or marina to a customer,provided that the
boatyard or marina designates such mooring as a rental mooring in its application and the Clerk
of the Trustees,is notified,within ten days of the rental'of the mooring,of the required
information including the identity of any vessel, and the owner thereof which is to be secured for
more than seven(7) consecutive days to the rental mooring.
E. Any yacht club mooring may be rented to a regular member of the club or rented for a
period not to exceed seven(7) consecutive days to a non-member of the club.
§ 34-22. Renewals
1. The Clerk of the Trustees shall notify the permittee by first class mail at the address
shown on the application for the current permit a least three months prior to the expiration such
permit of the need to renew said permit prior to its expiration,per an enclosed blank application
form. The period may be renewed only within the three month period prior to the expiration of
the current permit. If the application for renewal and accompanying fee are not received before
the expiration of the current permit, the current period shall be considered null and void on the
expiration date. Any application to renew filed after the expiration date shall be treated as an
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application for a new mooring permit and shall go to the bottom of the waiting list. However,the
Trustees in their absolute discretion may extend such period, upon submission by the applicant of
a timely letter establishing reasonable cause.
2. Mooring permits shall be renewed by the Clerk of the Trustees when a timely application
for renewal is filed by the permittee indicating that the dimensions of the vessel or type of vessels
to be secured to the mooring are the same as those.designated in the prior permit and that the
components of the mooring meet the requirements of this article. Applicants for renewal permits
must provide the Clerk of the Trustees with proof that the applicant owns the same boat as
described in the permit.
3. If the vessel or type of vessel to be secured to the mooring is substantially different from
those designated in the prior permit, the Southold Town Trustees shall not renew the permit
unless such different vessel or type of vessel may, in the opinion of the Southold Town Trustees,
be accommodated in the mooring area and unless the applicant agrees to pay the costs of any
relocation of moorings deemed necessary by the Southold Town Trustees to accommodate such
different vessel or type of vessel. The Southold Town Trustees may refuse to renew a mooring
permit for failure of the,applicant to comply with the provisions of this article or the orders,rules
and regulations of the Trustees or the Bay Constable concerning the location and use of moorings
during the preceding permit period.
4. Boatyards,marinas,neighborhood associations and yacht clubs applying for renewal
permits must submit a map superimposed on,a navigational chart enlarged 10 times showing the
locations of all moorings in their grids, if such exist, and the individual mooring numbers. Each
application shall include the required fee.
§34-24. Fees
All mooring permit applications shall be submitted with the required fee. The application
fee for a three year permit shall be$25.00 and the following annual mooring fee(to cover the
administrative costs associated with mooring and vessel inspections for new and renewal
applications), shall be due December 31s`. of each year.,
1. Less than or equal to 20 ft. $2.50 per foot
2. Greater than 20 ft. up to and inclusive of 25 ft. $5.00 per foot
3. Greater than 25 ft. up to and inclusive of 30 ft. $6.25 per foot
4. 31 ft. $7.50 per foot
5. 32 ft. $8.75 per foot
6. 33 ft. $10.00 per foot
7. 34 ft. $11.25 per foot
8. 35 ft and up $12.50 per foot
§34-25. Mooring Equipment - Requirements
A. Moorings shall meet the following requirements:
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1. All mooring buoys shall be clearly visible and white above the waterline, shall be
a minimum of twelve inches in diameter and be clearly marked with the permit number. ' '
2. All permit numbers shall be marked in black,be not less than 4 inches in height
and shall be clearly visible at all times between dawn and sunset.
3. All stake, mooring and pulley systems shall be marked with the permit number
both on, or immediately adjacent to the shore-end stake and on the connected mooring buoy.
4. Rental mooring buoys shall clearly be marked with an"R"plus the permit
number.
5. Holding mooring buoys shall clearly be marked with an"H"plus the permit
number.
6. Dimensions:
Length at Diameter of Diameter of Diameter of Nylon
Waterline Mushroom Top Half Bottom Half Buoy Rope
of BoatAnchor of Chain of Chain Diameter Diameter
(feet) (pounds) (inches) (inches) (inches) (inches)
15 to 19 100 5/16 3/8
20 to 24 200 5/16 3/8 15 %Z
25 to 29 250 3/8 3/8 15 3/4
30 to 34 300 3/8 %2 15
35 to 39 350' 3/8 %Z 15 3/4
40 to 44 400 %Z ' 5/8 18 3/4
45 to 49 500 %Z 5/8 18 ' 1
50 to 54 550 5/8 3/4 24 1
55 + 700 5/8 3/4 24 1
*NOTE:
1: Shackles, swivels, etc., should be the next size larger than the chain size.
2. Buoy must protrude at least 12 inches above water.
3. All buoys shall have swivels located not more than half way down the rode.
4. All moorings must be removed or inspected annually.
5. All shackels must be safety wired.
6. All vessels shall have chafflng gear on pennant lines.
7. No person(s) or corporation shall tamper with or move any mooring not owned or
under the control of that person or corporation unless under the direction of the Bay
Constable.
B. A winter stake shall be upright at all times at not less than a thirty-degree angle,with at
least eighteen inches of one end painted white and exposed above the water. The permit number
shall be marked in black or other contrasting color on the exposed,white end of the winter stake
in figures at least three inches tall
1. A winter stake must be removed from the water between July 1 and Labor Day of
each year, and replaced with a mooring buoy.
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C. All mooring anchors or their equivalent shall be of appropriate size and weight, with
chain or rope in sound condition to properly secure the moored vessel, and a mooring buoy
attached to-the mooring line of at least twelve inches diameter and of sufficient size and
buoyancy to remain afloat when not attached to the vessel.
§ 34-26. Mooring maintenance.
A. Moorings must be serviced each year, including the use of a winter stick during winter
and a clearly visible float or buoy at all other times in accordance with the Uniform State
Waterway Marking,System.
B. All moorings are subject'to random inspections by a Bay Constable or his designee,who
may require hauling,repair or replacement for worn or defective tackle.
C. Moorings failing an inspection or missing a buoy or otherwise defective or unsafe shall
not be used until the condition is corrected.
D. If unsafe conditions persist or the mooring is abandoned, the Bay Constable shall order
and direct the'removal of the tackle. In the event that the owner fails to remove the tackle within
10 business days, the town may cause the tackle to be lifted and removed. The expense of such
removal shall be a lien and charge on the property of the boat owner until paid and shall be-
collected
ecollected in the same manner and,the same time as other town charges.
E. Notwithstanding the foregoing, the Southold Town Trustees shall have the authority to
require a permit holder of a mooring to relocate a mooring if it determines after a public hearing
that there are compelling reasons requiring a relocation. If there is no available alternate location,
the permit holder will be offered top priority on the waiting list in the mooring area selected.
§ 34-27. Mooring without a permit.
A. No person shall install or use a mooring in town waters without a mooring permit issued
by the Southold Town Trustees.
B. Any mooring without such a permit shall be removed upon notice from the Southold
Town Trustees or the Bay Constable,which notice shall be by written notice posted on the
mooring and-on any boat'attached to said mooring.
• C. If such mooring is not removed by the owner within thirty(30) days after the posting of
said notice, the Southold Town Trustees or the Bay Constable may direct the removal or
'destruction of the mooring and the cost of said removal, including storage charges for any boats
attached thereto, shall attach to and shall become a lien upon said property, and said property
may be sold,upon direction of the court, at public auction to defray said expenses, any surplus
being returned to the owner of record. The town shall not be liable for any damage done to said
mooring or any attached boat during its removal, storage and sale.
§34-28 Pre-existing Moorings
A. For the purpose of this Chapter, any mooring existing on the time of the effective date-of
this local law for which a permit has been issued by the Southold Town Trustees pursuant to
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Chapter 32 or 97,which shall be made nonconforming in any respect(ie-location, tackle)at the
passage of this local law,may be continued however the vessel owner is required to,apply and
submit payment of the required fee for a three year mooring permit.
B. All moorings approved or transferred after June 6, 1991 by the Southold Town Southold
Town Trustees that are not used for at least thirty(30) days per year, shall be subject to
revocation by the Southold Town Trustees.
§34-29 Enforcement
A It shall be the duty of the Bay Constable and his deputies and assistants,to administer and
enforce the provisions of this chapter. The Bay Constables shall have authority to control
temporary anchoring and the use,placement, relocation and removal of moorings and vessels
attached thereto. Additionally, the Bay Constable has the authority to suspend further use of the
mooring until violations are corrected.
B. Notice of violation.
1. Whenever the Bay Constable has reasonable grounds to believe that operations
regulated hereby are being conducted in violation of the provisions of this chapter or not in
compliance with a permit issued pursuant to this chapter,he may notify the owner of the property
or the owner's agent or the person performing such operations to suspend all operations, and any
such person shall forthwith cease operations until such notice of violation has been rescinded.
2. Such notice shall be in writing, shall specify the violation and shall state the
conditions which must be complied with and the time within which compliance must be
completed before operations may be resumed. Such notice shall also inform the person to whom
it is directed of,his right to apply for a hearing before the Southold Town Trustees of the Town of
~ Southold, as hereinafter provided.
3. Such notice shall be served upon the person to whom it is directed by delivering it
to him personally or by posting the same in a conspicuous place on the premises,where
operations are being conducted and mailing a copy thereof to such person by certified mail to his
last known address.
4. The Bay Constable may extend the time of compliance specified in the notice of
violation where there is evidence of intent to comply within the time specified and conditions
exist which prevent immediate compliance.
5. In the event that the person upon whom a notice of violation has been served shall
fail to comply with said notice within the time specified therein or within the time specified in
any extension of time issued by the Bay Constable, any permit issued to such person,pursuant to
this chapter shall be deemed revoked.
6. , It shall be unlawful for any person served with a notice of violation to fail to
comply with such notice.
C. Hearing.
1. Any person affected by a notice of violation issued pursuant to the preceding
section hereof may request and shall be granted a hearing before the Southold Town Trustees,
provided that such person shall file a written request therefor with the Town Clerk within ten
(10) days after service of the notice of violation. Such request shall have annexed thereto a copy
�_r- , 12
of the notice of violation upon which a hearing is requested and shall set forth the reasons why
® such notice of violation should be modified or rescinded.
2. The Town Clerk shall,present such request to the Southold Town Trustees at its
next regular meeting. The Southold Town Trustees shall set a time and place for such hearing
and shall give the person requesting the same at least five(5) days'notice of the time and place
thereof.
3. At such hearing, the person requesting the same or his representative shall be
given an opportunity to show cause why such notice of violation should be modified or
rescinded. After such hearing, the Southold Town Trustees may sustain, modify or rescind such
notice of violation or revoke any permit previously issued and shall specify the reasons therefor.
4. The notice of violation for which a hearing is requested shall continue in effect
pending the hearing and determination of the Southold Town Trustees.
§ 34-30. Penalties for Offenses.
A. It shall be unlawful for any owner, occupant,builder, architect, contractor or their agents
or any person to fail to comply with any provisions of this chapter or to fail in any manner to
comply with a written notice, directive or order of the Bay Constable or to conduct any operation
in a manner not in compliancemith a permit issued pursuant to this chapter.
B. For every offense against any of the provisions of this chapter or any regulations made
pursuant thereto or failure to comply with a written notice or order of the Bay Constable within
the time fixed for compliance'therewith,the owner, occupant,builder, architect,contractor or
their agents or any other person who commits, takes part or assists in the commission of any such
offense or who shall fail to comply with a written order or notice of the Bay Constable shall';
upon conviction thereof,be guilty of a violation punishable by a fine not exceeding two hundred
fifty dollars ($250.) or by imprisonment fora period not to exceed six (6)months, or by both
such fine and imprisonment. Each day's continued offense shall constitute a separate, additional
violation.
C. In addition to the above-provided penalties, the town may also maintain an action or
proceeding in a court of competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this chapter.
13
Mooring Plans Research
•Y
Towns of Canadice and Richmond, New York' Honeoye Lake Docking and Mooring Law(draft)
Town of Brookhaven, New York Town Code: Bay and Harbor Bottoms
Bainbridge Island Harbor Commission
(Washington) Eagle Harbor Anchoring and Mooring Plan
Town of Hempstead, New York Town Code: Anchorages, Moorings and
Environmental Regulations
Deptartment of Conservation, Western Australia Mooring Policy
British Waterways Trial Moorings Code
Town of Huntington, New York Town Code: Moorings
Town of Mashpee, Massachusetts Mooring Permits
Chilmark, Massachusetts Waterway Rules and Regulations
Newport, Rhode Island Harbor Rules and Regulations
City of Beacon Harbor Rules and Regulations
Town of Nahant, Massachusetts Mooring Regulations
Monterey Harbor, California Mooring of Vessels in the Harbor Ordinance
Monterey Harbor, California East Anchorage/East Moorings Ordinance
Stonington Harbor Management Commission Stonington Harbor Management Plan
a
Dcgking and Mooring Committee Page 1 of 5
Below is the most recent draft of the proposed Honeoye Lake Docking and Mooring Law
Click here for some Frequently Asked Questions regarding this law
TOWNS OF CANADICE AND RICHMOND
2002 PROPOSED HONEOYE LAKE UNIFORM DOCKING AND MOORING LAW
DRAFT 6-28-2003
Section 1 Title
This local law shall be known and may be cited as the "Honeoye Lake Uniform Docking and Mooring
Law", and is enacted pursuant to New York State Municipal Home Rule Law, New York State
Navigation Law Section 46-a, and New York State Town Law Article 16
Section 2 Purpose
The purpose of this local law is to provide reasonable navigational access and recreational use of
Honeoye Lake, by preventing overcrowding, allocating fairly the use of the'shoreline to minimize
conflicts among neighbors, and to protect the public health, safety and welfare, while preserving the
environment, scenic beauty, and views of the lakeside area.
Section 3 Separability
Should any section or provision of this local law be determined by any court to be unconstitutional or
invalid, such decision shall not affect the validity of this local law as a whole or any part thereof, other
than the part(s) so decided to be unconstitutional or invalid
r
Section 4 Permit Requirements
No building permit is required for the placement of seasonal docking and mooring facilities for the
Residential Land Use Category A building permit is required for permanent mooring facilities and for
all mooring facilities in the All Other Land Use Category Obtaining necessary approval of regulatory
agencies shall be the responsibility of the waterfront owner
Section 5 Fees
The Town Board may, by resolution, establish appropriate fees for the review and processing of the
permits required under this local law.
Section 6 Enforcement Violations and Penalties
This law shall be administered by the Town Code Enforcement Officer Violations of this local law shall
be remedied according to the violation and penalty section of the towns' laws, pursuant to Section 268
of Town Law Waterfront owners aggrieved by the decision of the Code Enforcement Officer may
appeal the decision to the Board of Appeals Pursuant to Section 267 of Town Law or other applicable
requirements specified by New York State law, the Board of Appeals may grant a variance to the
provisions of this local law.
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Dofking and Mooring Committee Page 2 of 5
Section 7 Definitions.
For the purposes of this law the following definitions apply:
All Other Land Use Category-All types of land uses on a waterfront parcel except those land uses
specified in the Residential Land Use Category. This includes but is not limited to marinas, restaurant
docking, camps, parks, etc
Boat - Any vessel requiring registration pursuant to the laws of the State of New York
Boathouse - A permanent non-habitable structure, used primarily for anchorage and/or storage of boats
and accessories that provides direct water or rail access. A boathouse has a permanent roof and one or
more enclosed sides.
Dock-Any structure extending out from shoreline into the lake which may be used for mooring vessels,
fishing, swimming or other similar activities.
Lineal Feet of Shoreline-The horizontal straight line distance between lot lines at the shoreline(at
MHWM). Lot lines are specified on parcel survey maps
Marina-A business for profit engaged in,the sale and repair of boats and motors and provides other
marine related services.
Mean High Water Mark(MHWM)- The average high water level of the lake determined by reference
to a datum provided by the USGS The New York State Department of Environmental Conservation has
defined this level as 804.5 feet for Honeoye Lake.
Mooring-An area or structure where vessels could be attached for waterside storage including but not
limited to docks, boat hoists, and mooring buoys.
Mooring Buoy - A floating object anchored to the bed of the lake but not to the shoreline, to which a
vessel could be attached for waterside storage.
Permanent- The type of construction for any structure that is not intended to be removed each season.
Residential Land Use Category - All land uses on the waterfront parcel that are normally classified as
a place of dwelling, including but not limited to, single-family, multi-family, mobile homes, boarding
houses, apartments, bed and breakfasts, townhouses and condominium units.
Shoreline - The elevation contour line located at the MHWM
Seasonal - The type of construction for any structure that is intended to be removed each season
Steep Slope - A steep slope is defined as land rising from the shoreline at 30 degrees ( 57% slope) or
greater as measured from the horizontal, for a vertical height of 12 feet or more, commencing within 10
feet of shoreline This definition is used in specifying where boat houses are permitted
Vessel - Any floating means of conveyance
Waterfront Owner -This shall include the owner(s), lessee(s), occupant(s), easement holder(s), or any
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Docking and Mooring Committee Page 3 of 5
other person(s) or entity(les)with a legal or beneficial interest in the waterfront parcel
Waterfront Parcel-A parcel of land bordering on the shoreline of Honeoye Lake Also referred to as an
Adjacent Upland Parcel
Water rights line - The extension of the lot lines out into the lake for a distance of 100 feet from the
shoreline These lines are used for determining the boundaries for the placement of docks and mooring _r
facilities, but ownership of this lake area still resides with New York State
Section 8 General Regulations Applicable to All Land Use
Categories
A All objects regulated by this law (boats, docks, boat hoists, mooring buoys, boathouses)
shall be placed inside the side setback requirements (specified in Sections 9-13 and 10-B) of
the water rights lines of a waterfront parcel so as not to interfere with navigational access tos
the lake. The town may require appropriate documentation, including surveys when
necessary, to determine water rights lines. If the water rights lines determined by the
standard method of extending lot lines into the lake prevent navigational access for w
neighboring parcels, and the owners of the parcels cannot come to a mutually satisfactory ' {
agreement on water rights lines, the New York State Office of General Services has the
ultimate authority to define water rights lines
B For ttie purposes of,this law only boats, docks, mooring buoys, and boathouses are
permitted on the waterside of the mean high water mark. Gazebos, view decks, porches and
other similar structures not related to docking and mooring are prohibited.
Section 9 Specific Regulations for Residential Land Use Category
A Site plan approval and a building permit from the local town is required for any
boathouse
B No structure or moored vessel shall be located closer than 5 feet(side setback) to any
water rights lines of a parcel :R
-z
C. One mooring buoy is permitted, and shall be placed in such a manner that each moored
vessel will avoid contact with any other moored vessel or structure A moored vessel must
remain inside the side setback of the water rights lines of a parcel
D One boathouse structure is permitted for each waterfront parcel that has 50 or more feet
of lineal shoreline and is characterized as a steep slope
1 The boathouse is limited to the storage of two boats The
boathouse shall be of a single story and shall not exceed 12 feet in
height and 25 feet in width and must adhere to all town building
codes
2 A boathouse shall not be used as a dwelling, sleeping, lodging or
boarding place
E The lineal feet of shoreline determines the permitted number of docks and the number
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Docking and Mooring Committee Page 4 of 5
boats that may be stored for more than a ten day period. This includes all boats attached to
docks, boat hoists, mooring buoys, and stored in boathouses The number of docks and
_boats permitted is
Shoreline (ft) Docks JFBoats
0 to 20 1 2
20+to 50 1 I 4
50+to 100 1 2 5
� s>
100+to 150 112 6
150+to 200 IF3 17
200+to 250 =13 8
250+to 300 14 9
1300+to 350 =14 IF,0 }
F A dock shall not exceed a total of 700 square feet, including all appendages and the width
of individual sections shall not exceed 8 feet The use of fingers, "T", or "L" shaped
appendages is permitted. Where two or more docks are permitted, the docks shall be
separated by at least eight feet. If none of the docks on a parcel exceeds 250 square feet an
additional dock, over and above those specified in Section 9-E, less than 250 square feet
shall be permitted
G For an existing waterfront parcel with greater than 2,000 feet of shoreline and shared by
multiple off-lake parcels, the restrictions specified in Section 9-E may be exceeded,
provided that the number of boats does not exceed one for each improved off-lake
residential parcel An improved parcel is one with a habitable structure
Section 10 Specific Regulations for All Other Land Use Categories
~ A Site plan approval from the local town is required for the placement of any mooring
facilities An approved development that involves seasonal docks does not need to be
approved each season provided that it adheres to the original approval.
B No structure or moored vessel shall be located closer than 10 feet(side setback) to any
water rights lines of a parcel
C Marinas The minimum number of lineal feet of shoreline required for a marina is 150
feet Waterside mooring for sixty boats is permitted If dining facilities are contained in a
marina 'mooring for an additional 30 boats is permitted These additional moorings are
intended for use by the customers of the dining facility on a short term basis and shall not
be rented or leased Mooring buoys shall not be permitted
D Restaurants. The minimum number of lineal feet of shoreline required for a restaurant to
have mooring facilities is 100 feet From 100 feet to 150 feet, waterside mooring for twenty
boats is permitted, over,150 feet thirty boats are permitted These are intended for use by
the customers of the establishment on a short term basis and shall not be rented or leased
Mooring buoys shall not be permitted
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Dorking and Mooring Committee Page 5 of 5
E Any other Land Use Any other land use shall comply with the regulations for the
Residential Land Use Category
Section 11 Grandfathering of Nonconformance
A For the purpose of this local law any lawful water-dependent use (including docks,
mooring buoys or boats) or any permanent structures (including boathouses, or docks)
existing at the time of the effective date of this.local law, or having already received
preliminary or final site plan approval by the town which shall be made nonconforming at
the passage of this local law, may be continued Other provisions of the law such as water `4
rights lines and setbacks are not grandfathered and must be adhered to
B Upon the effective date of this local law no existing nonconforming structure shall be
enlarged, except when required to do so by law, or when it is damaged, it may be
reconstructed; provided that the area and volume of the reconstructed structure shall not
exceed that which existed prior to such damage The reconstruction shall be completed
within two years of the damage.
r.Jl..
C. Existing nonconforming number of docks and boats may not be increased in number
after the effective date of this local law. The size of a nonconforming dock may not be
increased.
D. After the effective date of this local law and upon the written request of the waterfront
owner, an examination by the Code Enforcement Officer of any Existing Nonconforming '
Use shall be made A report of the findings shall be made upon such examination together
with a Certificate of Existing Nonconforming Use, which shall clearly describe size and
location of all structures and the number of nonconforming docks and boats Such
certificate shall be maintained by the Code Enforcement Officer and one copy shall be
furnished to the waterfront owner ;w
Section 10 Effective Date
This local law shall take effect upon adoption by the Towns of Canadice and Richmond, upon approval
by the Commissioner of the New York State Office of Parks, Recreation and Historic Preservation, and
ten days after filing with the Secretary of State
3
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Document Page 1 of 1
CODE OF THE TOWN OF BROOKHAVEN, NEW YORK, v78 Updated 11-15-2003
PREFACE
Chapter 8, BAY AND HARBOR BOTTOMS \\
+ l
Chapter 8, BAY AND HARBOR BOTTOMS
[HISTORY Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L L No 7-1987,
amended in its entirety 3-17-1998 by L L No 6-1998, effective 3-20-1998 Subsequent amendments
noted where applicable ]
GENERAL REFERENCES
Boat control--See Ch. 13.
Houseboats—See Ch. 14.
Docks—See Ch.22.
Shellfish—See Ch.57.
§ 8-1. Legislative intent.
The bay and harbor bottoms of the Town of Brookhaven are an important natural resource which
supports a diverse assemblage of benthic fauna The commercial and recreational harvesting of shellfish
continues to provide a livelihood and a means of recreation to the residents of the Town of Brookhaven
In recent years, there has been a dramatic increase in the number of boat moorings placed on Town-
owned underwater lands The unregulated, unplanned, and uncontrolled placement of moorings has
resulted in use conflicts between the baymen, some recreational boaters and the mooring owners By
virtue of the Town of Brookhaven's ownership of the lands underwater, it is the intent of this ordinance
to regulate the placement of boat moorings to avoid use conflicts, and provide for safe navigation and
the protection of existing natural resources, public health and welfare, and to ensure that areas for water
dependent recreational activities are a%ailable to the residents of the Town of Brookhaven
§ 8-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated
BOAT OR VESSEL -- Any watercraft or other contrivance used on or capable of being used as a means
of transportation in water
DESIGNATED MOORING AREA -- See Mooring Area
DIRECTOR -- The Director of the Di\ision of Environmental Protection
FLOATING HOME-- Any vessel in tact used, designed or occupied as a dwelling unit, business office
OF source of any occupation or for ani private or social club of whatsoever nature, including but not
limited to a structure constructed upon a barge primarily immobile and out of navigation which
functions substantially as a land structure while the same is moored or docked within the municipal
limits of the Town of Brookhaven, whether or not such vessel is self-propelled
r ,
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CODE OF THE TOWN OF BROOKHAVEN, NEW YORK, v78 Updated 11-15-2003
PREFACE
Chapter 8, BAY AND HARBOR BOTTOMS
§ 8-2. Definitions.
MOORING -- Any anchorage system which by design and/or construction is not capable of or is not
normally retrieved when a vessel or boat leaves its anchorage, or is used to semipermanently secure in
place any boat, barge, floating home, scow, raft, float, or any other vessel or floating object A mooring
includes, but is not restricted to, an anchorage system consisting of an anchor or weight attached to a
length of chain and/or line secured to a mooring buoy or float
MOORING AREA (also Designated Mooring Area) -- Any Town-owned bay or harbor bottom, or other
underwater lands, so designated by the Trustees of the Freeholders and Commonalty of the Town of
Brookhaven as such, where mooring may occur without a Mooring Permit as required by this Chapter
MOORING PERMIT -- That form of written Town approval required to place a mooring on Town-
owned underwater lands as specified under this law
MOORING TACKLE -- Any assemblage of hardware, rope, line, wire or chain which is used to attach a
mooring anchor or weight to a float or buoy
MOUNT SINAI HARBOR MOORING AREA -- All that area of land underwater depicted by a map
entitled "MOUNT SINAI HARBOR MOORING AREA" as "Mooring Areas - Permit Required" and
those lands indicated on said map as "Leased and/or Licensed Underwater Lands No Public Mooring"
and further described as located north of the tidal marsh islands and excluding the areas within the
navigational channel, all areas within one hundred (100) feet of the apparent low water mark of the
shoreline of Mount Sinai Harbor, all areas within one hundred (100) feet of any marsh island as
measured by the seaward limit of the Spartina alterniflora vegetation, all areas within one hundred (100)
feet of any Town dock, commercial or private dock, launching ramp or Town leased and/or licensed
underwater lands
NAVIGATION LANES -- Those channels so designated and identified on federal navigation charts and
those channels in common use for local navigation and so identified by navigational buoys or markers
PERSON -- Any firm, partnership, corporation, association or individual
PORT JEFFERSON COMPLEX MOORING AREA -- All that area situate within the area one hundred
(100) feet east of the main navigational channel and south of the line drawn one thousand five hundred
(1,500) feet north of the existing location of the green navigational "7" buoy to a point of land located at
the northernmost point of the bulkhead located at the end of Motts Hollow Road excluding those areas
within two hundred (200) feet of the apparent low water mark of any shoreline, within five hundred
(500) feet of any recreational or commercial dock or pier or within one thousand five hundred (1,500)
feet of the northernmost tip of the Bridgeport-Port Jefferson ferry terminal dock, all that area known as
Setauket Harbor and located west and south of an imaginary line extending west into the harbor from the
intersection of Van Brunt Manor Road and Tinker Lane in Poquott and excluding all areas within one
hundred 100 feet of the apparent loN\ water mark of the shoreline, and those areas known as Little Bay
and Scott's Cove
PORT JEFFERSON HARBOR COMPLEX -- The surface waters of Port Jefferson Harbor, Setauket
Harbor, Lithe Bay, Conscience Bay, the Narrows and one thousand five hundred (1,500) feet north of
Mount Misery extending west following the shoreline to one thousand five hundred (1,500) feet
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northwest of Old Field Point, also known as the "Harbor Complex " [Added 4-17-2001 by L L No 13-
2001, effective 4-20-2001]
TOWN MOORING AREA -- A mooring area designated by the Town Board pursuant to Chapter 10-
29D(2) of the Brookhaven Town Code, and any amendments thereto [Added 4-17-2001 by L L No 13-
2001, effective 4-20-2001]
TOWN-OWNED UNDERWATER LANDS -- The bottom of any bay, creek, harbor or tidal wetland
over which the tide ebbs and flows, the title to which is vested in the Trustees'of the Freeholders and
Commonalty of the Town of Brookhaven or in the Town of Brookhaven
§ 8-3. Uses restricted.
A No person shall place or cause to be placed a mooring on any underwater lands within the Town
of Brookhaven without first obtaining a Mooring Permit from the Town of Brookhaven's Division of
Environmental Protection [Amended 4-17-2001 by L L No 13-2001, effective 4-20-2001]
B No person shall tie to or secure any boat, vessel, floating home, barge, scow, raft, float or any
other object to any mooring which has not first received a Mooring Permit from the Town of
Brookhaven's Division of Environmental Protection [Amended 4-17-2001 by L L No 13-2001,
effective 4-20-2001]
C Exceptions The requirements of this Chapter shall not be applicable to the following uses
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CODE OF THE TOWN OF BROOKHAVEN, NEW YORK, v78 Updated 11-15-2003
PREFACE
Chapter 8, BAY AND HARBOR BOTTOMS
§ 8-3. Uses restricted.
(1) Temporary mooring installed to facilitate work on projects for which a valid Wetlands and
Waterways Permit has been issued by Town of Brookhaven,
(2) Temporary mooring installed to facilitate work on projects financed or undertaken by the
government of the United States of America, the State of New York, or any political subdivision
thereof, the County of Suffolk, or the Town of Brookhaven, and
(3) Moorings located within a Town mooring area as defined in and regulated under Chapter 10
of the Town Code of the Town of Brookhaven Moorings placed or installed within a Town mooring
area shall require a Mooring Permit pursuant to Chapter 10 of the Town Code of the Town of
Brookhaven and any amendments thereto [Amended 4-17-2001 by L L No 13-2001, effective 4-
20-2001]
(4) Moorings located within the Port Jefferson Harbor Complex as defined and regulated under
Chapter 74 of the Brookhaven Town Code Moorings placed or installed within the Port Jefferson
Harbor Complex shall require a Mooring Permit pursuant to Chapter 74 of the Town Code of the
Town of Brookhaven, and any amendments thereto [Added 4-17-2001 by L L No 13-2001,
effective 4-20-2001]
§ 8-4. Application for Mooring Permit. [Amended 4-17-2001 by L.L. No. 13-2001, effective 4-20-
20011
A Any person proposing to place or cause to be placed a mooring upon any underwater lands within
the Town of Brookhaven, shall file a permit application with the Division of Environmental Protection,
on such forms as promulgated by the Director and shall include
(1) A statement of authority from the applicant for any agent making application,
(2) The exact location of the mooring placed on a navigation chart with either the longitude and
latitude or distances to at least two permanent landmarks indicated,
(3) An accurate description of the mooring system to be employed indicating the type and
weight of the anchor, the length of the chain, and the size and type of the mooring buoy,
(4) A notarized affidavit signed by the applicant which indemnifies and holds harmless the
Town of Brookhaven from anv liability claims, in such form as shall be approved by the Town
Attorney,
(5) A copy of the current registration, title, and/or documentation papers of the boat or vessel if
applicable,
(6) Other factual information as the Director deems necessary and/or appropriate, and
(7) Payment of a fee as otherwise required by the Code
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§ 8-5. Granting, denying or limiting Mooring Permits.
A In granting, denying or limiting any mooring permit, the Division of Environmental Protection
shall consider navigation, public access to water dependent recreational activities, shellfishing and other
natural resources, public health and N\elfare, the potential impact of the mooring on the access of the
waterway by local waterfront property owners, and access to the mooring from the adjacent upland or
shoreline
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CODE OF THE TOWN OF BROOKHAVEN, NEW YORK, v78 Updated 11-15-2003
PREFACE
Chapter 8, BAY AND HARBOR BOTTOMS
§ 8-5. Granting, denying or limiting Mooring Permits.
B The Division of Environmental Protection shall give preference to those mooring applications
which are
(1) For the sole use of a property owner lessee of nearby waterfront property, or
(2) For sole use of residents of the Town of Brookhaven or for the sole use of a locally based
property owner's association, yacht club or the like,
(3) For proposed locations outside of certified shellfishing areas, and
(4) For proposed locations which are outside of normal navigational lanes
§ 8-6. Duration of mooring season.
After issuance of a Mooring Permit, moorings may be placed from March 1st through November 30th
For just cause and at the discretion of the Director, mooring permits may be issued with no seasonal
restrictions
§ 8-7. Permit expiration.
A Mooring Permit shall be valid for one mooring season as defined herein
§ 8-8. Display of permit number.
Any holder of a Mooring Permit must display the permit number, in numbers not less than three (3)
inches in height, on the buoy or float attached to the mooring tackle
§ 8-9. Fee.
The Town Board shall reserve the ri`,ht to require an application fee for all Mooring Permit
applications
§ 8-10. Appeals of decisions regarding Mooring Permits.
Any person or applicant may appeal any decision regarding a Mooring Permit to the Town Board of
the Town of Brookhaven Said appeal must be taken within thirty (30) days of the denial by the
Director, and made to the Town Clerk upon such forms promulgated by the Town Clerk Any person or
applicant may appeal the Town Board determination pursuant to Article 78 of the Civil Practice Law
and Rules
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CODE OF THE TOWN OF BROOKHAVEN, NEW YORK,v78 Updated 11-15-2003
PREFACE
Chapter 8, BAY AND HARBOR BOTTOMS
§ 8-11. Penalties for offenses.
§ 8-11. Penalties for offenses.
A violation of the foregoing shall be an offense punishable by a fine of not less than one hundred
dollars ($100) and not exceeding two hundred fifty dollars ($250) Each violation shall be a separate and
distinct offense Each dav's continued violation shall constitute a separate and additional violation
§ 8-12. Severability.
The various parts, sections and clauses of this local law are hereby declared to be severable If any part,
sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this local law shall not be affected thereby
Chapter 9, BEACHES
[HISTORY Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L L No 7-1987
Amendments noted where applicable ]
GENERAL REFERENCES
Parks and recreation areas—See Ch. 10.
Boat control--See Ch. 13.
Houseboats --See Ch. 14.
Docks—See Ch.22.
Fish nets--_See Ch.32.
Vegetation on beach areas--See Ch. 75.
Part 1, Use of Motor Vehicles
i
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' 'EAGLE HARBOR ANCHORING AND MOORING PLAN Page 1 of 7
Bainbridge Island Harbor Commission
Executive Summary to
(DRAFT) EAGLE HARBOR ANCHORING AND MOORING PLAN
I. EXECUTIVE SUMMARY
The Bainbridge Island Harbor Commission was tasked by the Harbor Management Plan with
developing an Anchoring and Mooring Plan for Eagle Harbor. The Commission has considered a
number of factors in developing the Recommended Actions which are the main functional part of
this Plan. Included in those considerations are the character of Bainbridge Island and Eagle
Harbor, the history and geography of the harbor, the historical uses of the harbor, its flora and
fauna, safety, environmental responsibility, and the interests of the residents of Bainbridge Island
and the citizens of the State of Washington.
The Anchoring and Mooring Recommended Actions, and information on potential Financing
Options are attached to this Summary. The complete Draft Plan can be viewed on the City's web
site, or at City Hall.
II. Introduction and Objectives
This EAGLE HARBOR ANCHORING AND MOORING PLAN has been prepared by the Bainbridge
Island Harbor Commission for submission to the citizens, elected officials and administrators of the City
of Bainbridge Island, WA for their consideration and approval. The actions proposed in this document
are in furtherance of and in accordance with the City of Bainbridge Island's Harbor Management Plan
and the Shoreline Management Master Program as well as several related governmental ordinances,
policies and regulations as further cited. ,
The objectives of this plan are as follows:
• Designation, organization, and implementation of moorage and anchorage areas within Eagle
Harbor where authorized parties will be permitted to secure vessels to permanently affixed
mooring buoys and transient vessels will be permitted to anchor.
• Establishment and implementation of a regulatory and administrative process that will provide for
the orderly use and maintenance of these anchoring and moorage areas.
• Protection and Maintenance of Natural Resources and conditions in the harbor to the maximum
extent possible through better organization and management of harbor uses.
• Preservation of multiple uses and public access through clear designation of anchoring and
mooring areas.
At the direction of the City Council, the Harbor Commission further proposes that this anchoring and
mooring plan be implemented on a trial basis and that it be evaluated three years after its adoption to
determine if established goals are being met and furtherance of the plan is warranted.
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It should also be noted that, in addition to taking guidance from established municipal policies in the
preparation of this plan, the Harbor Commission has given serious and due consideration to input and
comments received from the general public, affected waterfront property owners, marina owners and
other commercial operators, WSDOT ferry operation officials and a host of Federal, State and County
agencies. In particular, the Harbor Commission has received detailed input from and worked closely
with the Washington Department of Natural Resources in the development of this Plan,
I. Anchoring and Mooring Recommended Actions:
Anchoring and mooring in Eagle Harbor will only be allowed in designated areas.
A. Entrance
a. Wina Point
Anchoring and mooring is permitted north of the navigation channel and east of
the Ferry Terminal. A specifically designated anchoring and mooring area may
be delineated for this area in the future.
b. Wyckoff area
No anchoring or mooring is permitted south of the navigation channel and Ferry Terminal
over the Wyckoff EPA cap. Buoys mark this area. Planning and negotiation should begin
for the establishment of additional mooring facilities over the EPA cap using techniques
that do not disturb the integrity of the cap. This area would be particularly appropriate for
mooring of barges and other commercial vessels. For instance, 4-5 buoys between Wyckoff
and the existing marinas on the south side would provide moorage for larger vessels without
resulting in the re-suspension of contaminated sediments or otherwise interfering with the
cap.
B. Main Harbor
1. Boundaries.
. All future transient and permanent anchoring and mooring in the Main Harbor will be limited to
designated areas.
. A central anchoring and mooring area will be established, bounded on the north by the navigation
channel.
. The southern boundary should be approximately 150 feet from the currently existing permanent
structures on the south side of the harbor. Particular attention needs to be paid to the effect in
practice of this boundary on necessary access by waterfront property owners. If unreasonable
burdens result, this boundary may need to be adjusted.
. The eastern boundary will be established in cooperation with the Washington State Ferry System
so as to maximize the size of the area while avoiding unreasonable interference with access to the
ferry maintenance facility. Through discussions in 2000,the Harbor Commission and WSF have
mutually agreed upon a tentative eastern boundary of the proposed area.
. An additional area for temporary mooring only will be established in front of the Waterfront Park,
to the east of the City dock.
1. Anchoring.
• Temporary anchoring will be permitted within the central anchoring and mooring area so long as
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'EAGLE HARBOR ANCHORING AND MOORING PLAN Page 3 of 7
it does not interfere with established mooring buoys or vessels attached to them.
• Anchoring vessels may be subject to fees established by the City.
1. Temporary Mooring.
• Temporary mooring will be permitted using moorings provided by the City of Bainbridge Island.
• Use of such moorings will be subject to fees and other regulations as may be adopted by [the City]
[the Harbor Commission].
1. Long-term Mooring
• Long-term mooring will be permitted subject to fees and other regulations as may be adopted by
the City.
• Long-term mooring by occupied and unoccupied vessels will be subject to such fees and
regulations.
• In establishing fees for long-term mooring,the cost of near-by marina moorage, the burden on
City provided services, and such other costs and considerations as may bear on the determination
of fair fees may be considered. Fees will be expected to differ for occupied and unoccupied
vessels
• Regulations applicable to long-term mooring will include health and safety regulations (see
below), as well as limitations on the size and number of vessels or other floating structures which
may be secured to a single buoy, and such other regulations as are appropriate. Regulations
adopted pursuant to this Plan shall be consistent with the policies of the Harbor
Management Plan and the Shoreline Master Program.
1. Mooring ownership.
• Mooring buoys may be placed and managed by the City.
• Subject to fees and other regulations as may be adopted, private individuals may place mooring
buoys for their own use.
• Ownership of abandoned mooring buoys shall revert to the City.
1. Mooring design and maintenance requirements.
All mooring buoys and associated ground tackle placed in Eagle Harbor subsequent
to the adoption of this Plan will be conform to design and maintenance requirements
established by the City. The approved design will minimize adverse environmental
impacts such as scouring of the bottom.
2. Anchoring and mooring allocation.
It is recognized that the area available under this plan for anchoring and mooring in Eagle Harbor is
limited:
• Proposed Area: Approximately 950,000 square feet.
• Proposed Capacity: Approximately 125 vessels.
It is also recognized that all citizens of Bainbridge Island, surrounding communities, and the State have
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' 'EAGLE HARBOR ANCHORING AND MOORING PLAN Page 4 of 7
legitimate claims to use of available resources. Finally, it is recognized that the City of Bainbridge
Island has a special interest in how this limited resource is allocated to further its goals of diversity,
economic development and recreational opportunity for its citizens:
• Existing City owned linear moorage already occupies part of the above area, but offers high-
density transient moorage.
• All mooring buoys placed in the Main Harbor will be placed according to a matrix approved by
the Harbor Commission.
• Up to 50% of the area may be used for placement of mooring buoys which will be used for the
long-term mooring of vessels owned by citizens of Bainbridge Island, to be allocated
approximately 20% for vessels occupied as a residence, and 30%for unoccupied vessels
• This section does not affect the rights of waterfront property owners to establish mooring buoys in
accordance with existing law. However, all such buoys will conform to the design requirements of
this plan, and will be subject to such fees and regulations as may be established by the City.
1. Commercial use.
• An area approximately 600 feet by 50 feet will be reserved for commercial vessels adjacent to the
western boundary of the Washington State Ferries maintenance facility.
1. Health and safety
• All vessels anchored or moored in Eagle Harbor will comply with all federal, state and local
health and safety requirements as a condition to their moorage agreement.
• Vessels occupied as a residence and not located in shore-based marina will conform to such
additional regulations as may be established by the City. Such regulations will include a
requirement of a verifiable means to insure that there is no pollution discharge.
• All vessel owners entering a moorage agreement with the City will show proof of ownership of
the vessel moored.
1. City provided facilities.
Existing City Services:
• Free, 24 hours pump-out and porta-potty dump station(some tide limitations.)
• Dinghy moorage
• Garbage Collection
• Daytime restroom facilities
• 24 hour porta-potty
Proposed City Services:
• Potable water at the City dock
• Recycling
• Improved Dinghy moorage
• Additional sanitation facilities.
• Shower Facilities.
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'EAGLE HARBOR ANCHORING AND MOORING PLAN Page 5 of 7
• Bilge water pump out facilities.
• Hazardous material disposal.
• Harbormaster office.
1. Administration and Enforcement.
This plan will be administered by the Harbormaster, and enforced by the Harbormaster and such other
authorities as have jurisdiction. The Harbormaster, in concert with other City authorities, will develop a
Harbor Operations/Procedures Manual to describe such administration. Violation of any regulations
adopted in furtherance of this plan will be strictly enforced.
A. Inner harbor.
1. Anchoring.
Temporary anchoring is permitted in this area so long as it does not interfere with established mooring
buoys or vessels attached to them, and does not interfere with the safe conduct of water-skiing during
months the designated area is operative. No anchoring is permitted in the Aquatic Conservancy Area.
Some anchoring occurs on privately owned tidelands.
I.
II. FINANCING OPTIONS
Following is a summary of potential user fees, local revenue sources and grant funds that could be
used to generate revenue for harbor-related work. The types of user fees listed below and our
estimate of the associated revenue are, at this stage,merely ideas and wild guesses on how to fund
much-needed work in Bainbridge Island harbors. Activities for which this revenue is needed
include the purchase of navigation buoys to mark the channel in Eagle Harbor, the operation of
portable pump-outs, and the regulation and collection of moorage fees.
A. User Fees
Leaseholder Excise Tax $ 3841
32% of the leaseholder tax paid to DNR(which is 12.84% of the total lease payment) is
returned to local jurisdictions to cover the cost of services. In 1998, the City of Bainbridge
Island received $3,841.
Mooring-Buoy Leases $_12,500
There are approximately 250 mooring buoys in Bainbridge Island waters. Only five are
currently permitted. $50/year for each buoy would pay for one person working quarter time
to register, monitor and enforce mooring buoy regulations. Actual fees charged would
depend on a number of factors, including administrative expense and shoreside impact of
moored boats.
Moorage fees $ 35,000
Fees collected from the City Dock, the linear moorage system and the four mooring balls
attached to the linear moorage system in 1999 was $16,000. It is estimated that summer
months generate approximately $2,000/mo. If it were legal to collect such fees under the
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:EAGLE HARBOR ANCHORING AND MOORING PLAN Page 6 of 7
terms of the City's lease from DNR,the City could probably continue to collect annualized
revenue of$16,000. Additional fees will be generated from long term, transient and
commercial moorage in Eagle Harbor. A portion of this income would probably go to the
State.
Lease Payments from Resident Anchored out Liveaboards $_18,750
If 25 Resident Anchored out Liveaboards were to pay an average of$125/mo. for moorage
and City services, the revenue generated would be$3,150/mo. Assuming 50% occupancy,
we could expect annual revenue of$22,500. A portion of this income might go to the DNR,
which would reduce expected income.
TOTAL OF ESTIMATED USER FEES $70,091
B. Grants and other outside sources
Washington State Parks & Recreation Commission
Contact: Dona Wolfe, (360) 902-8511
Public funding for pump-outs, new or replacement, stationary or portable, mobile skiffs with pump-outs,
dump stations, etc. Funds can pay for up to 75% of facility construction and installation costs.
U.S. Army Corps of Engineers "Small Navigation Projects"
Contact: Lester Soule, (206) 764-3699
Cost sharing available for recreational navigation, mooring buoys aids to navigation. Cost share is
usually 50%. Cities are eligible.
Interagency Committee for Outdoor Recreation, "Boating Facilities"
Contact: Eric Johnson, (360) 902-3015
Funds available for shoreline and upland acquisition, including transient vessel moorage. $8 million
available for the 1999-2001 biennium.
Department of Natural Resources, Aquatic Lands Enhancement Account(ALFA)
These funds are largely used for acquisition and public access though funds can also be directed toward
restoration. Bainbridge Island just got a big chunk for acquisition of the Blakely Harbor property.
Puget_Sound Water Quality_ Action Team
There may be funds available for establishing "No Discharge Zones." This idea is currently being
explored.
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*EAGLE HARBOR ANCHORING AND MOORING PLAN Page 7 of 7
Department of Ecology State Revolving Fund
Contact: Brian Howard(3 60) 407-6510
Cities can apply for low-interest loans. If the money is paid back within five years, no interest is
charged. Cities are being encouraged to apply because so few jurisdictions are applying for low interest
loans through the State Revolving Fund that the State is having to forego access to millions of dollars
from the Federal Government for this program.
Washington Department of Fish& Wildlife
Projects to enhance Bainbridge Island harbors with a salmon protection spin might qualify for funds.
Tli6'complete "Eagle Harbor Anchoring and Mooring Plan" is available:
Citj% Website: http:4twww.ci-bainbridge-isl wa us
ll;S61 f Help L#rary-City Hall, 280 Madison Ave.N'Bainbridge Island.
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Page 1 of 2
PREFACE
Chapter 69,WATERWAYS AND REGULATION OF BOATS
ARTICLE III, Anchorages, Moorings and Environmental Regulations
ARTICLE III, Anchorages, Moorings and Environmental Regulations
§69-12. Mooring and anchoring.
A. No person shall anchor any boat or vessel in any channel or within 100 feet of'any_channel
marker,buoy or other fixed navigation aid or within 300 feet of lifelines maintained at any public beach.
Except when permitted in a federal anchorage area,no person shall moor any boat or vessel in any
channel or within 50 feet of the edge thereof or within 50 feet of any channel marker,buoy or other
fixed navigation aid or within 300 feet of lifelines maintained at any public beach.
B. No person shall moor or anchor any boat so as to endanger the safety of or cause damage to any
boat previously anchored or previously laid down.
C. , Any vessel or float so moored or anchored in violation of this section or§ 69-13 of this chapter
may be removed by the Division of Harbor Master and Marine Enforcement or by the Marine Division
of the Nassau County Police Department at the expense of the owner or person in charge of said vessel
or float, such expense to be in addition to such penalties as may be imposed by this chapter and the laws
of the United States and the State of New York. [Amended 2-10-1998 by L.L.No. 6-1998; 10-22-2002
by L.L.No. 15-2002]
D. Bond to be posted for anchoring or mooring of barges. [Added 10-4-1983 by L.L. No: 8, 1983]
(1) The owner of any occupied or unoccupied barge, which is to be anchored or moored within
any waterway of the Town for more than 10 consecutive days shall post with the Town Clerk a
surety bond payable to the Town of North Hempstead in the amount of$25,000 for each barge so
moored, said bond to be issued by a surety licensed to do business in the State of New York.
(2) In the event that a barge bonded in accordance with the preceding subsection sinks or
otherwise becomes unable to navigate under its own power or with the assistance of tugboats, the
bond so posted shall be forfeited to the Town of North Hempstead to aid in the removal of the barge
from the waterway. The bond forfeiture shall not eliminate the owner's ultimate responsibility to
ensure the removal of the barge.
(3) The surety on a bond issued pursuant to the above subsections may immediately cancel such
bond for any barges removed from the waterways of the Town-in the ordinary method of operation.
(4) Section 69-12D shall not apply to barges, ships or boats owned or operated by common
carriers engaged in interstate or foreign commerce nor shall it apply to pleasure craft used on''a
seasonal basis.
§ 69-13. Prolonged in 0ring to public docks prohibited.
No boat shall be tied up or made fast to any, public dock or to other property of the Town for a longer
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1;4�icument Page 2 of 2
continuous period than 12 hours or in excess of the time indicated by the signs when signs are posted by
the Commissioner.
§ 69-14. Environmental regulations.
A. The discharge of off petroleum products, by-products'and other pollutants into or upon any
water,waterways, beaches and lands adjoining the shorefront under the jurisdiction of the Town from
any vessel,boat or terminal facility is prohibited.
B. All boats or vessels operating within the waters of the Town shall fully comply with all federal
and state laws and rules and regulations of any appropriate federal and state agency having jurisdiction
thereof.
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'Moorings Policy Page I of 5
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Page 1
POLICY STATEMENT No. 59
MOORING POLICY
INTERPRETATION
In this policy,unless the contrary intention appears:
"mooring"and "mooring apparatus"means a mooring,or structure or an apparatus used to
secure any floating object;
"private mooring"means a mooring installed and maintained by any non-Government entity;
"public mooring"means a mooring installed and maintained by Government; and
"the Department"means the Department of Conservation and Land Management.
1. OBJECTIVES
This policy will aim to-
1 I Maintain the ecological and social values of marine conservation reserves by
minimising the detrimental impacts of uncontrolled mooring and anchoring activities;
1.2 Enhance user safety,access and equity in relation to moorings in marine conservation
reserves;and
1.3 Provide a framework to accommodate present and future mooring usage patterns in
marine conservation reserves
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'Moorings Policy Page 2 of 5
2. BACKGROUND
The Department of Conservation and Land Management currently manages 1,145,940 ha of Western
Australian marine and estuarine waters,of which 132,000 ha are marine nature reserve managed for
the purpose of conservation of indigenous flora and fauna and their habitats.The remaining
1,013,940 ha are marine parks managed for the purpose of conservation and for compatible
commercial and recreational use.Most are located in high use areas such as the Swan Estuary,
Shoalwater Islands,Marmion,Shark Bay and Ningaloo marine parks.
As the numbers of visitors to marine conservation reserves continues to increase,Departmental
managers will require guidance on how to best manage day to day issues associated with minimising
possible anchor damage and moorings.
Moorings play an important role in protecting areas with high conservation value(e.g.coral reef and
seagrass)as moorings minimise the need for anchoring,thereby reducing anchor damage.Moorings
also facilitate better access to locations of interest(e.g.dive sites)and provide an improved level of
security and safety for vessels.Biophysical characteristics and use patterns vary significantly from
reserve to reserve,and,as such,the moorings policy provides a range of options to assist managers in
applying appropriate management responses to mooring related issues.
Page 2
3. LEGISLATIVE BASE
3.1 Conservation and Land Management Act 1984 section 13(B)(1)and section 33(1)(a)
3.2 Shipping and Pilotage Act 1967 subsection 10(2)(a)and subsection 10(2)(ba),and the
Shipping and Pilotage (Mooring Control Areas)Regulations 1983
4. POLICY
4.1 The Department will seek the designation of all marine conservation reserves as
"Mooring Control Areas"under the Shipping and Pilotage Act 1967.
4.2 The Department will seek appointment as the"controlling authority", in accordance
with the Shipping and Pilotage(Mooring Control Areas) Regulations 1983,to
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'Moorings Policy Page 3 of 5
with the Shipping and Pilotage(Mooring Control Areas)Regulations 1983,to
facilitate the management and control of mooring control areas in marine
conservation reserves.
4.3 Administrative Instructions and procedural guidelines will be developed to provide an
operational framework to manage moorings in marine conservation reserves.
4.4 A mooring plan for every marine conservation reserves will be developed with
appropriate consultation(as endorsed by the Marine Parks and Reserves Authority
(MPRA)).These plans will:
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acceptable and/or necessary from environmental,safety and equity perspectives;
and
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the Department in collaboration with the Department of Planning and
Infrastructure.
4.5 The determination of whether moorings should be public or private moorings will be
made on a case by case basis,however:
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will be preferred to public moorings to minimise the Department's financial and
legal liability;
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moorings are preferred to individually installed/used moorings;and
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where no other alternatives exist.
4.6 Access to privately licensed mooring sites in approved mooring areas will be
provided in accordance with the following guidelines:
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permitted basis,until the capacity is reached;
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competitive process(expression of interest,ballot,rotating or sharing,waiting
lists etc);and
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4.7 Moorings will only be permitted where they are environmentally acceptable.To
facilitate this:
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targets specified for each marine conservation reserve;
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removed within an appropriate period.
4.8 The costs for administering and managing(i e.establishing and maintaining)public
moorings will be met from rental/lease fees.
Page 3
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t Moorings Policy Page 4 of 5
Page 3
4.9 All private moorings will require a Departmental licence/permit and licence/permit
fees will be applied(unless specified otherwise)to offset the costs for administering
private moorings.
4.10 Licence/permits will be issues for a period of one year(unless specified otherwise)to
provide the flexibility to redress environmental damage,safety and/or equity issues.
4.11 The effectiveness of the Shipping and Pilotage Act(Mooring Control Areas)
Regulations 1983, as a legislative instrument to implement this policy,will be
reviewed after a 3-year period.
5. POLICY IMPLEMENTATION REQUIREMENTS
5.1 Liaise with Department of Planning and Infrastructure to designate marine
conservation reserves as "mooring control areas"and to have the Department of
Conservation and Land Management gazetted as the "controlling authority".
5.2 The Department's Marine Conservation Branch(MCB)and Parks Policy,and
Tourism Branch(PPTB)to co-ordinate the development of administrativ
instructions and procedures manuals/guidelines to manage moorings,comprising
environmentally acceptable mooring specifications(criteria),a licensing/rental
system,a fee structure,an application and assessment process and a system to ensure
equitable use of public mooring sites.
5.3 Regions and Districts,in collaboration with MCB,PPTB and in consultation with the
public(e g.advisory committees),to develop mooring plans for mooring and
anchoring areas in their respective marine conservation reserves.
5.4 PPTB to develop data management systems(e.g.database)for storing and recording
mooring information
5.5 Districts to provide due notice to owners of moorings,to ensure all users upgrade or
remove current moorings that are not consistent with the mooring plans and/or
environmental criteria Where appropriate,those moorings that do not comply with
the mooring plan and/or environmental criteria will be'removed.
5.6 The Department will consult with community user groups in the implementation of
the mooring policy in order to ensure a smooth implementation process.
6. ASSOCIATED POLICIES/STRATEGIES
"New Horizons—the way ahead in marine conservation and management",Government of
Western Australia, 1998;
Policy Statement 15 —Public Participation(Community Involvement and Volunteers),
Policy Statement 18—Recreation,Tourism and Visitor Services,
7. CUSTODIAN
Director of Nature Conservation and Director of Parks and Visitor Services
Marine Parks and Reserves Authority
http:H216.239.41.104/search?q=cache:9F2G23vuVcs.l:www.calin.wa.gov.au/national parks/pdf_files...
j Moorings Policy Page 5 of 5
Page 4
8. APPROVAL
Approved on ..... ............. .......
by Keiran McNamara
A/EXECUTIVE DIRECTOR
DEPARTMENT OF CONSERVATION AND LAND MANAGEMENT
Approved on .... ..... . ... ...
By Dr Barry Wilson
CHAIR,
MARINE PARKS AND RESERVES AUTHORITY
http•//216.239.41.104/search?q=cache:9F2G23vuVcs.l:www.calm.wa.gov.au/national _parks/pdf fiiles...
{ b
All,ft- British
Blow Waterways APRIL 2003
PLAYING IT ' AT TEMPORARY/ ' MOORINGS
INTRODUCING TRIAL
The new trial Moorings Code is an outcome of slowly,and does not carry a requirement to cover all
preliminary consultation with boating user groups about 2000 miles over any period It does however rule out
use and abuse of temporary mooring sites The issues repetitive'to-ing'and'fro-ing'within the same
that prompted the debate are: geographical area We have drafted the Code to apply
to boaters without a home mooring and anyone with a
• boats staying for extended periods at locations home mooring cruising away from it for more than 42
designated as visitor or temporary moorings days. Without this,an obvious loophole exists for people
• a sense of injustice amongst many boaters that to rent a home mooring in an area of the country where
people who do not genuinely keep on the move moorings are less expensive, but to spend most of their
should pay for a mooring like they do and time in an area where moorings are more expensive.
contribute their fair share of the costs of
maintaining the waterways The freedom of the waterways is extremely precious to
us all,and we have no intention of undermining this We
Section 173 (c) of the British Waterways Act 1995 says will be sensitive and pragmatic in applying the Code, and
that to obtain a licence,a boat must have will only pursue its application through to the final
sanction in cases that cause real local difficulties We
"a mooring or other place where [it] can , lawfully are keen to establish an Appeal Panel to include user
be left unless the applicant . satisfies the representatives to help us resolve these difficult cases
Board that the vessel . will be used bona fide for
navigation throughout the period [of the licence]
without remaining continuously in any one place for Consultation process and timetable
more than 14 days or such longer period as is
reasonable in the circumstances" This document marks the final phase of the consultation
in which we will put the new Moorings Code to a real life
Ultimately it will be for the courts to interpret these test. We are asking all boaters to read it,and to observe
words,but in the meantime,clear benchmark guidance is over the coming months how,if at all,it impinges on
necessary for boat owners and waterway management actual cruising plans Please use the feedback form to
alike The trial Moorings Code defines the standards that tell us about this towards the end of the summer We'll
we propose our staff should apply and that boaters include a reminder in the autumn 2003 issue of
should follow, If everyone follows the Code, it should help Waterfront The Code itself is also printed as an annex
ensure that public moorings are available to all in a fair to the new Licence Fees and Conditions booklets which
and equitable way we send out with licence renewals We will confirm or
amend the Moorings Code before the end of March
We have attempted to define guidelines which are simple 2004
and clear,and which describe the combination of cruising
frequency and distance which are consistent with what Although it is a trial and we are still consulting,we do
the parliamentary draughtsmen had in mind when writing expect you to take notice of the Code and make every
the statute We believe that they intended'bona fide for effort to comply We need to monitor as many aspects of
navigation'to imply some sense of progressive travel its implementation as possible, but will stop short of the
around the network. This does not rule out'meandering' final sanction before the Code is confirmed
TRIAL MOORINGS • D
Just as highways need parking regulations to ensure 2. Additional standards for boats without a home
orderly use of scarce road space,some rules about mooring or cruising for extended periods away
mooring on the waterways are necessary. Problems of from a home mooring
congestion,undue strain on local facilities and fairness to
other boaters can result when individual boats stay for long You should follow these standards if you leave your home
periods on temporary moorings without our consent mooring for any continuous period of 42 days or more-
We aim to avoid unnecessarily bureaucratic regulations, a) You may moor at the same place for up to 14 days
and given the much slower pace of life on the waterways, in any 42 day period. You will be deemed to have
restrictions are usually measured in days rather than hours moved to a different place if you have travelled at
least ten lock miles in any direction and
Our powers to regulate moorings lie in the British
Waterways Act 1995 which requires that a boat must have b) You must also travel:
a permanent,home mooring unless it is being used for •at least 20 different lock miles every 15 days (the
navigation throughout the period of its licence same stretch will not normally count more than
once), and
The Code does not apply when your boat is on its home • at least 40 different lock miles every 30 days, and
mooring. •at least 120 different lock miles every 3 months
Reference to"moor'and"mooring"refers to the place
where you moor overnight 3. Evidence of cruising
It is the boat licence holder's responsibility to satisfy British
1. Standards for all boats Waterways that the boat has moved in line with this Code
To help you do this,we can supply a cruising diary free of
a) You may moor at the same place for no more than charge. Alternatively you may like to keep your own diary.
14 days in any 42 day period. You will be deemed For added confidence, our local staff will endorse diary
to have moved to a different place if you have entries on request We will only ask you for evidence if we
travelled at least ten lock miles in any direction have reason to believe that your boat may not be moving in
(A lock mile is the number of miles cruised plus the accordance with the Code.
number of locks negotiated over a given stretch)
In other words,you must always be 10 lock miles
away from where you were 15 days ago 4. Non-compliance and dispute procedure
b) You must obey local signs and regulations restricting This Code sets out the standards that we believe need to
mooring at particular locations. These take be followed to comply with s 17 of the British Waterways
precedence over the entitlement mentioned in 1(a) Act 1995 and the Licence Conditions We will apply the
above. Code in a pragmatic way and recognise that sometimes
special circumstances can occur when it is reasonable to
c) You should advise our licensing department if you moor for longer periods These may include illness,
change your home mooring. A winter mooring is mechanical breakdown or waterway stoppages If any of
also a home mooring for the period you occupy it. these circumstances arise, please ensure local BW staff
are aware of your difficulties
It will nevertheless be necessary to take steps where there
is unreasonable and persistent failure to comply with the
Code Even then it will be our preference to resolve
problems without recourse to legal action.
TRIAL • • ' INGS CODE AND ►
a) As a first step we will contact you to establish the and other interested parties In the meantime,you
relevant facts and check that you understand this should follow our normal complaints procedure
Moorings Code. We may ask you for evidence of This Code will be updated with the details as soon
your recent cruising patterns.Our aim at this stage as they are confirmed.
is to do all we can to help you to comply with the
rules. This might include helping you to arrange an c) As a final step, if failure to comply continues we
available home mooring may exercise our powers under s.17(5) of the
British Waterways Act 1995 to revoke your licence
b) If,after a period of at least 28 days,we continue to
have reason to believe that the boat is not moving
in accordance with the Code,we will,as a second 5. Finding a home mooring
step,issue a formal warning. This will specify a
period during which you must demonstrate to us You may find it difficult to follow the rules because you are
that you are complying with the Code This will be unable to secure a home mooring in the area where you
between 30 days and 3 months depending on the wish to base your boat While we are working hard to
circumstances. The main method of demonstrating increase long term mooring provision,this is often beyond
compliance is the maintenance of a cruising diary our control Neither we nor private sector mooring
operators can guarantee to meet demand for moorings
If you believe we have issued the warning unfairly, everywhere,and you may need to consider altering your
you will be able to appeal To help with this,we cruising patterns or accept a permanent mooring in a
intend to establish a special appeal panel that will different region in order to comply with the rules.Our
include experts drawn from waterway user groups duties do not include those of a housing authority
EXAMPLE a
-Fred,lives on his,narrowboat�and his child[en.go:to, F:Alternative cruising,patterns'which would-giv&red
school in.Uxbridge. He is,registered as a ' the necessary:120 different lock,.miles over,the`!'-
continuous.cruiser;and does not pay for a mooring. three month penod'_mig'lit be:,,,,,
He has been tied up to,the`towpath on the Grand • Uxbridge to Wolverton (near•,Milton Keynes) and•
Union'•Canal,at Uxbadge.•for.well over 14�days back—a total'of 120_ different lock:'miles—'-
After being reminded'about,the Moorings Code,he
;begiris;to,move,�more frequently and over the next • Uxbridge via the Regents Canal to Stepney(37
3,-months travels,between.several different dock-miles), Stepney-, Uxbridge (no,new lock-
moorings. The furthest north that he reaches is miles); Uxbridge—Marsworth (83,lock-miles)
Harefield,and,in the other'direction, he reaches
Southall'.,Although Fred travelled a total of 29 Of course, Fred might find it extremely difficult to
lock-miles.over the,peribd,:he has only covered 13 achieve either of these patterns and ensure that
different',lock-miles"and this is a long way short of his children still get to school each day! This would
the 120 neededl:to compfy;'V th the Code. suggest that he should.attempt,to find a proper
home mooring for his boat. And if this isn't
possible,maybe he needs to reconsider whether
living afloat without_a,,permanent con 9js a ,
practical option.
N11*%11 British THE MOORINGS CODE
kid
Waterways 'FEEDBACK FORM
Please'use this form to-give us,your,views on the;trial:Moorings Code.',,You have until 31 st.October 2003'to do`this,,
= so,we'd encourage',you to takeyour time,particularly if you-are a continuous cruiser,.to;see how following,.the Code
actually affect, your cruising
Before'completing it,,please take time to read and consider the introductory explanation,,•as well as,the Code,itself.
Copies of the documents are'on wwwbntishwaferways.co uk where you'll also find an online version of this form.
T.'Which waterways do ygwcruise most frequently? -
€2. When cruising,how frequently`do you experience difficulty in finding's space to moor at the place:y'ou=want'to
stop?.. "
Very often," Oft ❑Rarely ❑Never
3:,Are you.able'to generalise,about the difficulty of finding a free space,'at different types of mooring,site?
Use a rating scaleV 1'=`5;'where 1 =very easy and 5 =very difficult.
}Site§with facilities ❑Sites close to local ❑ Designated visitor ❑Other,non-designated=
.(water,refuse_etc) shops,pubs and moorings generally sites
transport links
4.'Do you believe that lack of space at moorings is often due to the same boats mooring on the site.for long
periods?
❑ No—this is not ❑ I have noticed this ❑ Yes,I notice this ❑ I notice this frequently
something I've noticed occasionally quite often
Any other comments on finding space to moor up for short periods?
5. How much do you think it matters if a boat stays in the same general location on visitor or temporary moorings
instead of being kept at a long term mooring?
❑It doesn't worry me ❑ It seems a bit unfair ❑ It's a serious problem ❑ I don't have any
at all that BW should address strong view
6. Which of the following measures,if any,do you think British Waterways should use to reduce overstaying on
temporary moorings?
N
❑ Employ more patrol ❑ Apply overstaying ❑ Confirm the trial ❑ Introduce a code,
staff in'traffic warden' charges at popular sites Moorings Code but not like the one a
type role that has been published
Alternative suggestions?
❑ None of these
v
a
THE MOORINGS •
FEEDBACK FORM
7. Have.you;'read:the'trial Moorings Code?
X' ❑Yes, ❑ No
yes
7a)70)
Do'you think it is clear and easy to understand?'
❑Yes it's clear,enough ❑ It could`be clearer ❑It's not clear at all
1,
7b)Jo.follovuahe Code,do you think.you will need to change-youe cruising pattern?-
❑A great deal' ❑A tittle ❑ Not at all �;I don't know,,,
d . ,
70)' Do you.believe that the dispute procedure described.insectioin.4,bf the Code'is fair?'.
❑Yes ❑ No ❑'No•view
8.11he Code suggests.that unless a boat is at its home mooring,it shouldm9 ,,- by teri.lock-miles-or'more:in
a 14 day period. SDo you think this is
❑Too great,a.distance,;,,' ❑About right ❑Too short a distance T1 I don't have'a;wew,
9. The Code suggests that a boat without a home mooring should move or,
by 12Q lock•miles or moreAuring a
three month,period. Do you think this`is .;s
❑•Too great a distance ❑About right ❑Too short a distance ❑,I`don't heveta view
To heip*'understand the context of your response...
DuringFthe past,year,•approximately how many
--'a)' nights did you spend on board your boat? 0
b)-days did your boat spend cruising?
C) -different waterways did you visit in your boat? 0
d) Do you have a home mooring for your boat? ❑yes ❑ no
e) Do you normally keep a cruising log which records your overnight stops? ❑yes ❑no
f) Are you a boat owner? ❑yes ❑no
10. Any other comments?
Please,give your name,address and email if you would like us to send you a copy of the final consultation report.
Address
Name
Email Postcode
N
w
O
MANY THANKS-FOR YOUR HELP. Please return the questionnaire by 31 October 2003 to Moorings Code Consultation y
British Waterways Customer Service Centre Willow Grange Church Road Watford WD17 4QA or fax 01923 201 300 a
CRAFT DA
APRIL 2003
Out with the old, in with the new ..:. Direct Debit changes
Our trusty if a little clunky old computer system was As explained in previous UPDATES,changes to direct
turned off on 23rd March,although we can still use it to debit instalment phasing will start in June This means
check customer records Our new SAP system went live that if your licence renewal date is May'03 or earlier,we
on Monday 7th April after lots of training,so we're all busy will continue to follow the old pattern until your'04
getting to grips with the new system The first few weeks renewal. For licences starting June 03,the first
will inevitably be challenging,so please bear with us if instalment of 20%of the total cost will be collected on
your licence is a little late arriving. Local patrol staff will Monday 2nd June,and the remaining 80%collected in
be understanding—they have the information which four or eight equal monthly instalments according to your
shows when licences are due for renewal so will know if request from July onward.
you are one of the new system's guinea pigs If you have
any concerns, please contact your local waterway office in
the first instance. This will help the Head Office staff to
focus on catching up with the backlog of licensing work
Lucky Winners
Customers whose licences were due for renewal on 1 st
April 2003 or 1 st May 2003 received a prize draw coupon
to win a 100%refund on their licence fee which was valid
if they completed their renewal application before 10th
March This was to help us reduce the number of
applications arriving during the period between the old
system being switched off and the new one going live'
Over 60%of customers qualified for the draw and we're
delighted to congratulate the three w,nners,
David Hough based on the Lancaster Canal
• Michael Rea based on the Shropsh e Union Canal
• Michael and Anne Tams based on:-e Staffs&
Worcester Canal
03'19/2002 16:27 71111111113322222224 MARITIME PAGE 01
to#n- toll
- 1CQd'd;ookf&,r W7Ad6ws
A. All pleasure vessels and uninspected commercial vessels shall be equipped and lighted while
under way or at anchor with any person aboard while on the navigable waters of the Town of
Huntington as required under the Federal Boat Safety Act of 1971, as amended, and the
regulations adopted pursuant thereto and contained in Title 46 of the Code of Federal
Regulations, Subchapter C, Parts 24, 25 and 26. A copy of said regulations shall be made
available for review by the public in the office of the Division of Harbors and Waterways.
B. The provisions of this section shall not apply to vesscls'cornpeting in duly authorized regattas
and trials preceding such regattas.
§ 120-17. Location and types of mooring.
The location of the mooting facilities and the types of mooring permitted are subject to
supervision by the enforcing agent.
A. No boat or vessel shall be so anchored or moored that it at any time rests within the lilies of
.�. . 1........ 1• ..... •i-1.-11 .. r 1'.....1 ... ...., .,1 '. .ter —-..-.r—A,;- A0 roo+ .-.P marlror
or so as to interfere with the full use of such channel,nor shall any boat or vessel anchor or
( moor within:100 feet of any municipal dock.
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fhe falloxvinLr vehedule-
MOORING*
Length at Diameter of Diameter of Nylon
Waterline Mushroom Top Half Bottom Half Buoy Rope
of Boat Anchor of Chain of Chain Diameter Diameter
(teat) (pounds) (Inches) (Inches) (inches) (inches)
16 to IV 1UU 91915 3/a
20 to 24 200 5/16 3/8 15 1/9
25 to 29 250 3/8 3/8 15 OK
30 to 34 300 3/8 ME 15
35 to 39 350 3/8 % 15 '/.
40 t4 44 400 6/8 18 V.
45 w 49 700 10 1
50 to 54 " 550 5/8 '/• 24 1
5b f(jo 518 *14 24
*NOTE_
1.Shackles,swivels,etc.,should be the next size larger than the chain size.
2.Buoy must protrude at least 12 Inches above water.
3.All buoys shall have swivels located not more than half way down the rode.
4.All moorings must be removed or inspected annually.
5.All shackels must be'safety wired.
6.All vassals shall have chaffing gear on pennant lines-
7 No pwrsann(sa)or rnrrinratinn sthall tamnwr with or mnva any mnnrina not nwnorl nr i Inrlor the rnntrnl of tt,ot
__ person or corporation unless under the direction of the Division of Harbors and Waterways.
191 .2UU2 lb: 27 7111111111a322222«1I HARITIPIE RAGE 02
Tuwft v) .tj'(4r41inXiutt
P( A'"6dPhnnk,for WMduwa'
A. All pleasure vessels and uninspected commercial vessels shall be equipped and lighted while
underway or at anchor With any person aboard while on the navigable waters of the Town of . '
Huntington as required under the Federal Boat Safety Act of 1971, as amended, and the
rcgulatioxno adopted purruant thereto and coxxtained in Title dF of the C"nc1P of Federal
]Ze�uleuiusl., SI ItH:1M131r,i n, Psi l,24, 25 and 26, A cONV of said mer,lnt{nnn n1lnl1 he made
available fbr revlew by Ow pablitu iia tho vfCxco of the Diviaioxx of II:arbo>ro and Nvatornvayc.
R The.nrovi';ion: n f this section shall not apply to vessels competing in dilly nilthnri7ed regattas
axxU..lxxan� ktx.r�rs_Li>.i��rf�,Jl. rr,�nllnn_ ,
§ 120-17.Location and,types of mooring.,
The location of the mooring facilities and the types of mooring permitted are subject to
supervision by the enforcing agent.
A. No-boat or vessel shall be so,anchored or moored that it at any time rests within the limes of
wiy clxdt uxel, icor shall any boat or vessel Rnnhor or moor within 50 feet of any channel marker
or ao nm tc.ax�4..,r+i ray with the- f„11 „va of a77Ph channel,nor chal1 any boat,nr ve.w4el ancll0r u[
mum within 100 foot of any Municipal dock.
D. [Amended S 26 1969 by Ord.,No. 69-CE-5; 2-11-1991 by Ord. No. go-CE-1 0] The minimum
starndruds for approved chain size,Ynourinb,rvpCa aitd weight of naii5twooms shall confon-n to
the'following schedule:
MOONING*
'Length at Diameter of Diameter of Nylon
Waterline Mushroom Top Half Bottom Half Buoy Rope
of Boat Anchor of Chain of Chain Diameter Diameter
(toet) (Pounces) trnnhwx) t1114I1CD) (liwhca) (riches)
15 to 19 100 5116 3/8 15 Vt
20 to 24- 200 5/16 318 15 %a
25 to 29 250 318 318 is
30 to 34 300 318., S/2' 15 a/
35 to 38 ' 350 3/8 Y. 15
40 to 44 400 '/2 5/8 18 '/•
45 to 49 500 Y. 8/8 18 1
50 to 54 550 5/8 3/1 24 1
55 700 518 a/ 24 1
*NOTE,
1 Shackles,swivels,etc.,should be the next size larger than the chaln size.
2.Buoy must protrude at least 12 inches above water,
" O NI buoys ehmil hnvo swivclo locotcd not inner,than hvltway clown tho rode
4 All moorings must be removed or inspected annually.
5.Allshackels must be safety wired
6.All vessels shall have chaffing gear on pennant lines.
7 No pereon(8)or corpur;tlurnYliell ta,nh— w:lh nr move.my moorino not owned or under tho control of that
person or cnrpnrahnn I tnlacs l ender the direction of the Dlvision of Harbors and Waterways,
doily) 2b02 ib: 27 71111111113322222224 MARITIME PAGE 03
Town of Huntington
PC/Codebook for Windows
C. All uiumiugs,calii,g upon any undorwater lands owmd or controlled by the Town of
Huntington Board of Trustees must have a permit-issued by the Department of Environmental
Control prominently affixed to a buoy in a manner'that same is visible for inspection from the
surface of the body of water it is floating upon. ,Any mooring which fails to have affixed to it
such,permit as required by this Subsection or otherwise to be identified in a manner approved
by the office orf the Harbormaster shall be subject to removal and confiscation along with any
vessel affixed thereto. Any mooring and vessel'so confiseated may be redeemed within 90
days upon the presentation of a valid permit for said mooring,together with a removal fee
paid,to the Town of Huntiroon in a sum equal to $1 per pound for said mooring_ [Added
2-11-1991 by Ord. No. 90-CE-'101
D. Designalio l of mocninp,'zim -'s [Added 2-11-1991 by Ord. No. 90-CE-1.01
(1') The offlcC oaf'tho I-la7rburinuu(Oi i, hJ rkiuZ'QAXos
£or the placement of monu-tir,c by commercial enterprises,yacht clubs or boating
associations which place multiple moorings in Che course of tlwix busioess or association
:inbvities along the underwater lands owned or controlled by the Town of Huntington
Board of Trustees. Any person or persons claiming to be aggrieved by a decision to
s✓,t arc a wiiiuiCccial iiivv,.uap,woac clay apply to tho J3o$rd of Truatcc3,to'havo tho
decision to create such zone reviewed,provided that the application is made within 30
days of the date said'decision has been made. No commercial mooring zone shall be
created within the jurisdictional waters of an incorporated village without the'consent of
the village,by resolution or local law. Said commercial mooring zones shall be
designated in a manner wWch will ensure tho availability of uuuw.niLL rx6<%l 1UL'oaiap,
sites in the head or gear of all harbors and bay areas.
(2),-.Commercial enterprises, yacht clubs'or boating associations which place multiple
moorings in the course of.their business or association activities may mare application
on behalf of personas who utilize their launch and mooring facilities. Said permits shall
be designated commercial mooring permits and shall be limited to placement on
moorings in commercial mooring zones, if said zones have been established: The office
oft he Hax'bonnaster shall hP the mnnring inapPrtnr and cha11 he empowered to revoke
ally 1Jcnaiit i�iii cl FAY• fails to moot the re'quiremente of thio article The
Harbormaator ohall be authorized to certify and deputize any person as an offir-inl
Ihoro Shall by rw rtSuIt,&U Vns xti4Wt.tiug,ti1c10C nt1011•?£tlx�1�1.cc:rrrra..Til a>r rrl�rrc:urrrl rlvLClai ,
moorings other ilia.[, awl, exclusion tioin comx-nercial mooring'zones aC,d'thc
requirement that there be at least 50 feet between mooring buoys. There shall be no other
restrictinrnc regarding the use of underwater lands located in commercial mooring zones,
onoopt as may by pro«idod by other churtero At tho 1-IllntinQtnn I nam t ncll- Ally ii ahlr.
la-Fr or wbcpg7iPnt art by the Tnwn Board
(4) The office of the harbormaster shall be empowered witti the riiocrerionary authority to '
2
03!1912002 16:27 71111111113322222224 MARITIME PAGE 04
Town of Huntington
PC/Codebookfor Windows
move any mooring which it deems to be a navigational hazard, which is placed in an,
unpermitted zone, or for the purpose of mi spection.
E. Issuance of permits; fee; false statements. [Added 2-11-1991. by Ord. No. 90-CE-10]
(1) There shall be no charge for the issuance of a mooring permit to a town resident. There
shall be a charge of$125 for the issuance of a mooring permit to a nonresident
individual or any corporation or business entity. Commercial enterprises, yacht clubs or
boating associations shall not be charged permit fees when acting as agents in obtaining
a permit for a resident of the Town of Huntington. Residency shall be established by the
residence ascribed on the applicant's boat registration and automobile driver's license or
appropriately substituted identification, as established by the Director of Environmental
Control.
(2) Any person who intentionally makes a false or fraudulent statement or representation in
the application for a resident mooring permit shall be subject to permanent revocation of
v kap-.-^XrL0024n8 zk —r oo xloroinl azL..r.1c xaQ I,y i,rilo�.ao
of Huntington 1.ioard of 1r1T9tGCQ sbmll hc'c:xcrnZ,L 11011L U16 Prov1E10116 O:F5u1;PsCCLiQ311 C abvvt.-,
if its placement is in an area iurisdietionally controlled by an incorporated village which has
adopted and implemented a mooring or anchoring use permit program for that area,
r7fTrl7y+PPv ,xritlh 6)P nam Pc 2-nd _-_-
...1,1. _�.._ ,r X11�= �.,,� „a ..t,....... ._. -.i ._ .:ti�„.. .. .+f� _ �'la."•,...,.+1,�.... ,.
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p a Z11-I x_ n nrt7rL___- —• ----- p,••----•••••• o-�.,-�o7ti ti.y r►..1 rz... 1-1991 1,. 0..t. _
IN 0. y0-uu,-1UJ
Mooring Permits Page 1 of 4
.
7
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44
V
Hornb. ",-Up \A/inter Itorn-is VVarrant�
'-,Building and Zoning Board 66 6d u cf- Docks 'MinoritV Business"
'Nlootinq',Pr OR$ Sno-%.%e and Ice Street Betterments
Sign R16cernent. Constables
Policy No: 013
Mooring Permits and Regulations
Under the provision of Chapter 102, Section 21, Massachusetts General Laws,
individuals wishing to moor or anchor a boat or vessel in the various harbors
or waters within the Town of Mashpee must first obtain permission from the
Harbormaster.
1. General Regulations
The term "Harbormaster" wherever used in these Regulations shall also include
the Assistant Harbormaster.
Permits issued hereunder shall be for a period of one (1) year, termination on
December 31 of the year, unless sooner revoked by the Harbormaster for good
cause, and shall be renewable each year. Requests for renewals must be made
by May 1st of the following year or the mooring will be reassigned.
A mooring permit shall continue to be valid only to December 31 of the current
year, after the holder of said permit has discontinued using the mooring, but
during such discontinuance, and during stormy weather when the holder of a
permit is not using his mooring, the mooring facility shall not be refused to
another boat or vessel in need of a mooring, after application to the
Harbormaster and approval given by him.
When a mooring is used by a boat owned by one who is not the permit holder,
under the foregoing provisions, the owner of said boat shall be responsible for
the preservation of the mooring and he shall leave said mooring in the same
condition as when the same is first used by him.
If the mooring is lost or damaged during the period of use by him, he shall be
liable to the holder of the permit for an amount of money which shall be fair
1
` Mooring Permits Page 2 of 4
and reasonable, the amount to be determined by the cost of replacement, less
an equitable amount for use by the holder of the permit, and in case of
dispute, the Harbormaster shall determine said amount, and his decision shall
be bonding upon the one using the mooring under this provision.
Upon discontinuance of use of a mooring, the permit holder shall notify the
Harbormaster of such discontinuance, within ten (10) days and shall surrender
his permit to the Harbormaster.
When a permit shall expire or is surrendered, to the Harbormaster, the
location of the mooring of the permit holder shall not be assigned by him to
anyone else without the approval of the Harbormaster, and the Harbormaster
shall have the right to refuse approval of such assignment if he shall have had
written application for said mooring place by anyone qualified to receive a
mooring permit, previous to the time when said permit shall have expired or is
surrendered, and shall have the right to assign said mooring place to the
applicant.
No mooring shall be moved or removed from its location in the water without
at least two (2) days prior notice to and approval given by the Harbormaster.
The type and, adequacy of every mooring must be approved by the
Harbormaster, and the exact location of the same approved by him before
being placed in the water by the owner of his agent.
Any mooring may be inspected, removed or relocated by the Harbormaster,
whenever, in his judgment, the safety or other vessels or maximum use of the
area requires such action.
Mooring buoys or markers shall always be clearly visible, and the number of
the mooring permit and permit-holder's last name shall appear thereon in
contrasting color so as to be clearly visible, said name and number to be not
less than (1) inch in height. Mooring buoys to be painted white with a
blueband and must- be visible for 150Ft.
Spar mooring buoys shall be painted and upright at all times, and at any
period of tide not less than forty-five (45) degrees and shall have a minimum
exposed length of eighteen (18) inches above any tide level.
Water-logged mooring buoys, and frayed mooring pennants shall be replaced
by permit holder within the (10) days after notice to do so from the
Harbormaster.
Mooring pennants will be nylon or equivalent but must not have any
floatability.
State and Town laws, require that no solid waste, oil grease, raw sewage,
` Mooring Permits Page 3 of 4
garbage, rubbish or debris shall be discharged from any boat, craft or vessel
into inland or coastal waters.
Failure to comply with any and all harbor regulations will result in loss of
mooring permit.
2. Mooring Specifications_ - Minimum Requirements - Protected Areas
Bays and Inlets such as Waquoit Bay, Big and Little Rivers, Popponesset Bay
and its Inlets.
Hairpins or eyes in blocks must be twenty-five percent (25%) heavier than
chain specifications.
1) Mushroom
Length of Boat Mushroom
Under 16' 50
10' to 19' 75
19' to 26' 100
26' to 30' 150
31' to 40' 200
2) Scope and Size of Chain:
Length of chain shall at least be from the ocean floor to two (2) feet above
mean high water. Boats up to twenty-six (26) feet shall use three-eighths
(3/8) inch or larger chain, and boats from twenty-six (26) feet to forty (40)
feet shall use one-half (1/2) inch or larger chain.
3) Scope and Diameter of Pennant:
Length of mooring pennants shall be two (2) times the depth of water at mean
high water where mooring will be located. Boats up to twenty-six (26) feet
shall use one-half inch, and boats over twenty-six (26) feet in length shall use
five-eighths (5/8) inch nylon or equivalent, and pennants will not have any
floatability.
+ a
Mooring Permits Page 4 of 4
Adopted by the Mashpee
Board of Selectmen
May 1, 1986
Waterway Rules and Regulations Page 1 of 10
Chilmark Waterway Rules and Regulations
PURPOSE
The purpose of these regulations is to standardize mooring practices and behavior within
Chilmark waters.
These regulations shall be enforced by a Harbor Master appointed by the Board of Selectmen, the
Assistant Harbor Masters and members of the Chilmark Police Department.
Copies of these regulations are available from the Harbor Master or the Town Clerk.
DEFINITIONS
A. "Mooring Areas": shall mean those portions of Chilmark waters designated as such by the
Board of Selectman and the Harbor Master.
B. "Registered Owner": shall mean the holder of a mooring space assigned to him/her by the
Harbor Master.
C. "Commercial Mooring": shall mean any mooring placed in Chilmark waters for which a rental
fee may be charged. These will be granted only to Chilmark marine service businesses.
D. "Private Mooring": shall mean any mooring placed in Chilmark waters for owner's private use.
E."Mooring Year": the period for which mooring is assigned -hhe period runs from April 1st to
Nov. 1 st.
F. "Mooring'Waiting List": shall be a chronological listing ol'qualilied applicants based on when
they applied to the Harbor Master for a mooring assignment The Assignment committee shall
assign mooring locations according to availability Assionments shall be made from this waiting
list maintained by the Mooring Assignment Committee and 1<cpt available for public inspection at
the town office. A person who reaches the top of this list and Is unable to place a mooring at that
time shall be given a year in which to place his mooring or he shall forfeit his place on the list and
be skipped over until another suitable mooring location hecomes available
G. "Docked Boats": any boat that is tied to a docl<. pier. slip- clothesline system, placed on the
beach below the high water mark, or made last in any N\a� to the shore
H. "Marina": any facility which provides docl<age for marc then lour boats that are not registered
to the facility owner. This does not include boats above the high water mark.
I. "Mooring Assignment Committee" shall consist of the I larhor Master. a member of the Board
of Selectmen and one other person appointed by the Board o('Selectmen
Waterway Rules and Regulations Page 2 of 10
J. "Slip Waiting List" shall be a chronological listing of qualilicd applicants based upon when they
applied to the Board of Selectmen for a slip assignment. "There shall be separate lists for the Filled
Dock, Commercial Dock and Floating Dock. The Floating.: Deck shall have two lists; one
consisting of year-round voting residents and the second consisting of taxpayers not qualifying for
the first list. The second list of taxpayers not qualifying as year-round voting residents shall only
be used for the assignment of slips after the entire first list of year-round voting residents is
exhausted. The Board of Selectmen shall assign slips from these lists according to availability.
These lists shall be kept available for public inspection at the town office.
MOORING AND DOCKING REGULATIONS
1. No mooring shall be placed in Chilmark waters unless permitted by the Harbor Master and in
compliance with these regulations.
2. An identification sticker will be issued to each registered mooring and slip holder upon the
receipt of annual registration fee. Sticker must be attached to the outside hull of boat, aft on the
port side. Failure to display sticker will result in a $25.00 line and may subject owner to
revocation of his mooring registration or slip assignment.
3. Permits for placement of moorings at locations established and approved by the Harbor'Master
must be obtained from the Harbor Master before any ground tackle is installed. Moorings
established or placed without such authorization will be subject to immediate removal by the
harbor Master at the owner's expense.
4. All moorings shall be permitted by the Harbor Master annually. Any mooring permits not
renewed by 12 noon, April 1st, may be canceled and allocated to the waiting list. Notice by mail
or telephone shall be given during
5. The mooring fee shall be $50.00.
6. No private mooring may be rented, sold or transferred without the written permission of the
Mooring Assignment Committee and current owners of moorings shall have preference over the
waiting list. Any private mooring owner who has not occupied his/her mooring after one mooring
year will forfeit his/her mooring location.
7. Mooring permits shall become void if a mooring has not heen set within 40 days at the
approved location without the written permission of the Harbor Master.
8. Commercial mooring and marina owners shall, on .1uly I st of each year, provide to the Harbor
Master an alphabetical list of current renters of moorings and slips. This list shall include the boat
name, type, year, length, registration or documentation numbers. town where excise tax is paid,
name, address and phone number of renters. I larhor Mastei shall li
Waterway Rules and Regulations Page 3 of 10
10. No mooriawa
ng, after being set, shall be moved or in ny y changed or sold without the prior
written approval of the Harbor Master.
11.No mooring shall be set within the navigational channels. nor shall any part of the vessel
moored obstruct said channels. Any vessel not in compliance shall be subject to fine and removal
by the Harbor Master at the owner's risk and expense
12. Owners of moorings are forbidden to increase the size of a boat on their mooring without
advance approval from the Harbor Master.
13.No private mooring owner shall permit the temporary use ol'his/her mooring by another
without advance notice to the Harbor Master.
14. Each mooring buoy shall be colored white with a horizontal blue stripe in the middle of
exposed buoy and marked with the mooring registration numbers in three inch black block
numbers, (boat name is optional).
15. Moorings not properly marked are subject to removal at owner's risk and expense.
16. Moorings shall be removed on or before November 1 st of cath year. After November 1st ,
Harbor Master shall fine the permittee and remove the moorings at owner's risk and expense.
Failure to remove mooring will subject the owner to loss of the mooring permit location and
reassignment to the bottom of the mooring waiting list.
17. Moorings shall be maintained in a safe condition . Chain . shackle or other tackle which has
worn by one-third its original diameter shall be replaced 1-karbor Master or his designee may
inspect moorings at any time to determine compliance. Failure to maintain a safe mooring
hereunder shall be cause for revocation of permit by the I-larbor Master.
18. In an emergency, or a situation requiring immediate attention, the Harbor Master or his
designee, may take any temporary action deemed necessary regarding the station, dockage or
mooring of any vessel. Said action to be temporary until the Mooring Assignment Committee
meets at which meeting they shall affirm, modlly or rescind the action.
19. Individuals desiring a mooring or slip in Chilmark \\atcrs must file a written application with
the Harbor Master. Mooring/slip applications not grantecl must he refiled annually between
January 1st and March 15th in order for the applicant to maintain his position on the waiting list.
If no annual application is filed, applicant's name will be remorcd From the waiting list and those
below the party will move up accordingly. Nei\ applications \\ill be placed at the bottom of the
waiting list.
20. Only one boat to a private mooring is allo\\cd. unless trmporai y permission lrom the Harbor
Master is obtained, and then onlN after the I-Iarbor Mastci is con\ inced that the ground tackle is
suitable to the use.
MOORING TACKLE REGULATIONS
Subject to the discretion of the I-larbor Master. the rccommcnciccl minimum requirements for
mooring tackle are as follows:
Length of boat Mushroom Ccilncnt l3lock or I',clui\
'Waterway Rules and Regulations Page 4 of 10
0-16 ft 75# 24" x 24" x 08""'
17-25 ft 125# 30".x 30" x 08'",
26-32 ft 2509 30" x 30" x IT'*
33-50 ft 500# 48" x 48" x 15"''`
50 ft and over *Subject to ruling by the Harbor Master
Note: All cement blocks must be of reinforced type. I lairpins must be 25% heavier than
chain specification. All shackles must be wired with stainless/steel or equivalent. Vessels
may, due to their individual characteristics, require grcatcr ground tackle then shown here
as minimums.
CHAIN SIZE
Length of boat Recommended Minimum Diameter
0-16 ft 3/8"
17-25 ft 1/211
26-32 ft 5/8"
33-50 ft 3/4"
50 ft& over 7/8" +Subject to ruling by the Harbor Mosier
PENNANT DIAMETER
Boat Length Nylon or equivalent
0-16 ft 1/2"
17-25 ft 5/8"
26-32 ft 3/4"
33-50 ft 7/8"
50 ft& over Subject to ruling by the Harbor ;Llaster
SCOPE
At the discretion of the Harbor Master, length ofchain Ior flotation buoy = from Water
Floor to 2 ft. above maximum high water.
Length of pennant= 2/3 length of boat.
BUOYS
The use of spars for flotation is prohibited. OnI\ cans_ hall~ or styrene-type chain flotation
shall be used. In all types of buoys (other than metal) chain ora metal rod must be passed
through the buoy connecting the moonno pcnmint to the Illoonn- chain. Pennant buoys are
not allowed in crowded areas.
All flotation buoys shall be plainly and cicarl\ \ isihle ahoy c IIIc surface of the water at all
times.
Boats of less than twenty-five feet may use a std renc type float Nvith a line passing through
Waterway Rules and Regulations Page 5 of 10
its center, if the displacement of the boat is within the rules of good seamanship to do so.
WATERWAYS RULES AND REGULATIONS
1. Speed in Mooring areas, channels and harbor- no boat steal I operate at a speed greater than
headway or six knots, or which would cause a wash or a wake.
2. Water skiing -Not allowed in NashaQuista Pond, Stonewall fond, Menemsha Basin,
Menemsha Creek, or the channel; nor within 500 feet of bathing areas, moored vessels and
shellfish propagation floats.
3. Jet ski operation - Jet skies are prohibited except in channels to access the Vineyard Sound.
4. Wind surfing -Not allowed in Menemsha Basin, Creel.. channel or within 300 feet of the
bathing beach.
5. Pollution- The discharge of sewage, garbage, I'Llbbish, or other debris is prohibited in Chilmark
waters. Transient boats shall be required to pump-out holdino tanks once every seven days or
more often as needed. Contact Harbor master for use 0i'111-111111-01-It facilities. Harbor Master may
inspect any vessel in Chilmark waters at any time to determine compliance with this and all other
pollution regulations.
6. Waterways areas:
Stonewall Pond
NashaQuista Pond
Menemsha Pond
Menemsha Creek and Basin
Menemsha Bight
7. Swimming and Diving -No person shall swim, snorkel (sl.in dive), or Scuba dive in the
Menemsha Harbor or the Menemsha Channel \\-ithout permission Issued by the Harbor Master or
his/her designee from Memorial Day to Labor day. Mcncrosha Channel shall be defined as the
area from bell Buoy #1 to Nun--4. Such permission shall be Lept is a list of permitted persons.
Whoever is found in violation of this ordinance shall he punished by a fine of$50.00 (fifty
dollars) for the first offense, $100.00 (one hundred dollars) fOr the second and third offenses, and
$200.00 (two hundred dollars) for the forth and subscqucnt oflcnses.
8. Fishing -All vessels shall use care and courtesy when tranSitinp Mcncrosha Channel or
operating near boats in which people are fishln�o No vessel ci-i aged In fishing or any person
fishing from the shore shall obstruct Menemsha Channel or impccic Its use. Vessels transiting the
channel have the right-of- waN over any person Iishino from Iter shorc.
9. Navigational Aids -No vessel shall tic to am navigational aids
10. No person shall operate any Kessel on the ol'thc I o\\n ol'Chilmark while they are
under the influence of intoxicating liquor, narcotic (Irti-. NII hltUl'ate or marijuana.
11. No person shall operate ariy vessel on the N\atcrNN,,i ol'tlie I o\\-n of('liilinark or manipulate
any water skis, sailboats, surfboards,jet skis. or similar dc\ Ice thereon m a manner so that the
lives or safety of the public might be endangered.
Waterway Rules and Regulations Page 6 of 10
12. The operator of any vessel involved in a boating accident (xvhcre damage exceeds $100.00 or
results in death, missing person or requires medical treatment he_vond first-aid) shall report such to
the Harbor Master and to the:
Division of Marine and Recreational Vehicles
100 Cambridge Street
Boston, MA 02202
and to U.S.C.G. Station Menemsha if damage exceeds $200.00
13. The provisions of M.G.L. Chapter 90B, sections 1 through 19, inclusive, as amended are
hereby adopted as waterway regulations for the Town of Chilmark.
14. The provisions of 323CMR2.00 MOTORBOATS ANI) 130ATING, as amended, are hereby
adopted as waterway regulations for the Town of Chilmark
15.The provisions of 323CMR4.00 THE OPERATIONS 0F PERSONAL WATERCRAFT, as
amended, are hereby adopted as waterway regulations for the Town of Chilmark.
16. No anchorage allowed in the harbor or navigational channels.
17. To protect the shellfish resources there is no overnight anchorage allowed in Nashaquitsa
Pond or Stonewall Pond.
18. Overnight anchorage allowed in the area so desioiiated by the Harbor Master in Menemsha
Pond.
19. No waterskiing in Nashaquitsa Pond.
REGULATIONS FOR MENENISHA BASIN
Dockage fee for transient vessels shall be $1 75 per loot (length over-all, except bowsprits on
boats in slips) with a$35.00 minimum per day. Electric shore-ties. $5.00 per 110 volt cord &
$10.00 per 220 volt cord/per day.
A. DUTCHER DOCK
Description: 120 feet along bulkhead (North of the Gas Pumps)
Purpose: To provide dockage for transient hoats & to provide space for commercial
fishermen off season to unload or to repair gear, space so used may be used for no more
than 24 hours at a time.
B. YACHT DOCK
Description: 13 slips and one float, North end ol'harhor
- Purpose: To provide transient dockage.
C.COMMERCIAL FISHING BULKI-IEAl)
'Waterway Rules and Regulations Page 7 of 10
Description: Bulkhead South of Fuel Dock.
Purpose: To accommodate commercial fishing boats only.
1.No docking in loading zones ("yellow sections") between the two fish markets,
except while actually engaged in unloading fish, between the hours of 6am to 9pm, or
transient vessels filling water tanks between 9 a.m. and 3 p.m. only, or as arranged by
the Harbor Master.
2. Genuine commercial fishing vessels play tic up to the commercial bulkhead south
of the fuel dock without charge provided they are at the time "actively engaged in
fishing". To be considered so engaged, a vessel I11LIst go out and fish at least 75% of
the time unless weather, actual mechanical difficulty or other legitimate emergency
(in the discretion of the Harbor Master) prevent It I-ronl making such trips. This rule
shall not apply to vessels owned by Chilmark residents and based in Menemsha. To
be considered a genuine commercial fishing vessel the owner/Captain must, on the
request of the Harbor Master, show proof of gainful commercial fishing during the
current year.
3. Fishing gear must be stowed inside rails of-vessels to prevent damage to piers and
to others vessels. The storage of lobster pots and other fishing gear will not be
allowed on the pier for periods longer than three consecutive working days.
4. Vessels must move as directed by the 1-larbor Master.
5. All inside boats must have a fender on each splle on which their boat bears.
D. FUEL DOCK
Description: Pier between Commercial bulkhead'and Dutcher Dock.
Purpose: Dockage for fueling.
1. Boats shall not tie up at the fuel dock except while thev are refueling. After
refueling they shall leave this dock in1111edlately.
2. No smoking, open flame or cooking allowed at the Iuel dock or with in 25 feet.
Proper safety regulations must be followed.
E. MOORINGS:
Description: Two moorings located in Mcnenlsha Nish.
Five located in Menernsha Bight
Purpose: To accommodate transient sail boats.
1. Moorings in the Harbor accommodate three boats each. maxlnlum of 40 feet per
boat.
Waterway Rules and Regulations Page 8 of 10
—6-
2. Moorings in Menemslla Bight accommodate sin`,Ie boats. Power boats may be
moored to these as well as sailboats.
F. FILLED DOCK
1. Description: Yacht Section: 1') 1/2 slips alone North-East side of filled dock.
Purpose: To accommodate vessels of Chilmark homeowners.
Rate: $1,800.00 per season.
2. Description: Commercial Dock: 7 slips on the dock south ofthe filled dock.
Purpose: To accommodate local commercial fishing and lobster boats.
Rate: $400.00 per season.
3. Description: Floating Dock: 17 slips to the S011th ol'tbe Commercial Dock.
Purpose: To accommodate other local boats owned by year round voting residents.
Rate: $250.00 per season
a. Fishermen and year round residents must reside at least nine months of the year in
Chilmark.
b.Non-use of the slip for more than one season will result in the termination of the
lease. Hardship cases will be reviewed by the Board of Selectmen.
c. No living aboard boats on the Filled Dock, escludmg transients.
d. No subletting of slips. Selectmen assi,,n all slips I f a slip holder sells his/her boat,
slip shall be allocated to next person on the N\aitin`g, list.. slip holder may maintain slip
if boat is replaced with in one year Slip holders must o«n boat.
e. Harbor Master must be notified 11'a boat \\III he out o\ernk lit so that the slip can
be used for transient rental space.
f. One slip per household.
g. Parking on West Dock is limited to one cal her slip and it must display permit.
h. Slip One on the commercial lishi ig dock i,, ,,d a,,idc as a marine repair slip.
i. Boats must be appropriate for the slip assignmcnt held. is no inflatables in a slip
F. Take-out Dock & Misc.
Description: North end of West Doek
Waterway Rules and Regulations Page 9 of 10
Purpose: To provide space for conlnlercial fishermen to unload/repair gear.
a. Space may be used at the discretion ol'thc I larbor Master for yachts upon notice to
fishermen and fish buyers.
OTHER REGULATIONS -MENEMSHA BASIN
1. From Memorial Day to Labor Day, no yacht slay occupy transient space unless the
owner/operator is living on board or on board weekends so the boat can be moved and holding
tank pumped.
2. Transient boats are limited to a total of 14 days in slips, on the bulkhead, or on moorings from
July 1st through Labor Day. This includes all town facilities Alter the 14 day limit, boats may
remain in the harbor on a space available basis; boats most move to a new space after the first 14
days and then may stay an additional 7 days in that new space, then they can stay at a town space
only on a day by day space available basis.
2a. Grandfathered Vessels: As has been traditional on Duteher Dock and the Yacht Dock,
five slips shall be reserved for the season that have spent the season during at least the four
years prior to 1994. Morganthau , who was Il-loved fr(1111 the West Dock, is grandfathered for
the month of August as long as he actively use his boat No new long-term dockage shall be
allowed in the transient berths. After the initial 14 days, the daily rate for grandfathered
boats shall include an additional charge of$10.00 per day.
3.No overnight parking in town parking area at Mencnlsha
4. One boat to a slip (dinghies may also be kept in slip if wholly within confines of the slip.)
5. Boats tied to the bulkheads must accept other boats nested outside them at the discretion of the
Harbor Master.
6. Space for disabled vessels towed in will be arranged as required by the Harbor Master.
7. Boats shall be moved at the direction of the I-larbor Master to hetter accommodate other vessels
as required.
8. Lobster pots interfering with safe navigation, in N4enenishn I larbor. or in a marked channel,
will be removed by the Harbor Master.
9. The Town of Chilmark shall not be liable [or the theft. fire. damage. or injury to persons or
vessels while using piers or wharves under its control
10. Violation of any of these regulations may result in the rc\ovation of'your slip lease and/or loss
of slip in the subsequent year.
ENFORCEMENT AND FINES
A. Anyone violating any provision of these WatC11\a\ 1� RcIIulations shall be subject to a penalty
of$50.00 for the first offense, $75.00 for the second of fentir and $100 00 for the third and
subsequent offenses. Each violation of'cach provision ~hall contititute a separate offense. For
'Waterway Rules and Regulations Page 10 of 10
continuing violations each day or portion thereof&11-111` which a violation continues shall
constitute a separate offense.
B. The provisions of the Chilmark Non-Criminal Disposition By-Law and M.G.L. Chapter 40,
section 21D shall apply to violations of these regulations
C. These regulations may be enforced by the Harbor Mastcr, any assistant Harbor Masters, any
police officers or any other person or agent appointed by the Board of'Selectmen.
SEVERABILITY
The provisions of the Chilmark Waterways Rules and RcOulations are severable, and if any
provision hereof or the application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions hereof or application thereof which can be given effect
without such invalid provision or application.
Adopted-April 16, 1996
i
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Title 12. STREETSLSIDEWALKS AND PUBLIC PI Ac'I
Chapter 12.28. CITY HARBOR
12.28.130. Harbor rules and regulations.
A. Intent and Authority
1. It is the intent of these rules and regulations to implement the pattern established for
the ,_ and anchoring in the waters of Newport Harbor
2. A chart, duly,adopted by the council of the city of Newport, Rhode Island, delineating
boundaries of anchorage areas in the waters of Newport Harbor is annexed hereto and is
made a part thereof. Copies of said chart and regulations shall be made available to
interested parties by the harbor master and recreation department.
3. The purpose of these regulations is to standardize practices so as to utilize the
limited area in Newport Harbor to the maximum while implementing uniform safety
practices.
B. Definitions. As used in this section-
1. "Boat or vessel" includes a ship, vessel (other than dingy), boat, or any type of
watercraft which is documented or registered with the proper authorities.
2. "Harbor master" means the harbor master appointed by the city manager.
3. "V, >• <; area" means those portions of Newport waters which shall be designated as
such by the Newport Waterfront Commission
4 "Newport Harbor" means those portions of Newport water delineated as such on the
chart attached to Ordinance No. 24.92 and on file in the office of the harbor master
5 "Newport Waterfront Commission" shall be appointed by the city council and charged
with the overall organization of the harbor, per Chapter 2 88
6 "Nonresident" means any individual, business or corporation which does not meet the
definition of a resident.
7. "Person" includes individuals, corporations, societies, associations and partnerships
8. "Commercial " means any which does not meet the definition of a
private
9. "Private . " means any registered to an individual and used exclusively
for recreational purposes. He or she must own fifty-one (51) percent or greater of the
vessel, have a valid city-approved charter agreement that established the command,
control and sole possession of a registered or documented vessel, or be a partner in a
registered or documented vessel in a partnership share equal to or greater than all other
partners in the registered or documented vessel; which vessel would be placed on the
private . The registered lessee must provide adequate documentation to
the harbor master to ensure the validity of ownership, partnership, or charter agreement
If documentation cannot be provided, the vessel shall not be able to utilize the
10. "Qualified inspector" means any person approved as an inspector of tackle by the
harbor master.
11. "Registered lessee" means the holder of a space assigned to
him/her by the harbor master.
12.28.130. Harbor rules and regulations. Page 2 of 8
12. "Resident" means any permanent, full-time inhabitant of the city. Proof of residency is
required at the request of the harbor master. This shall include a driver's license, voter
registration card, previous year's IRS tax return, paycheck stub, or other similar item. A
post office box is not a legal address for this purpose
13. "Dinghy" means a vessel of a maximum length of fourteen (14) feet and is a tender to
a larger vessel that is in Newport Harbor
14 "Chartering" of a vessel does not constitute ownership
15. "Dinghy dock" means designated docks for in-water, short- and long-term dinghy tie-
up; and, when and where designated, for on-dock long-term dinghy storage.
16. "Loading dock" means designated docks for pick-up and drop-off use only by any
recreational vessel that is suitable to the existing site conditions at the specific loading
dock. Loading dock use is limited to a thirty (30) minute period and the vessel must be
attended at all times, and is not to be used as a dinghy dock A loading dock is not to be
used by commercial vessels on a regular basis without authorization from the city of
Newport.
C. Registration and Placement of Moorings.
1. Registration of Space The harbor master shall, during the month of January of
each year, cause reregistration forms to be mailed to all persons who were registered
lessees at the end of the prior year, at the address then listed on their last registration or
reregistration application. It shall be the burden of the registered lessee to notify the
harbor master of any change of address. Renewal must be accompanied by vessel
identification (registration, documentation, or bill or sale) If applicant does not have
documentation, he or she must surrender the use of the If after two years he or
she has not purchased a vessel, the space shall be forfeited Such applications
shall be accompanied by the appropriate fee, which shall be nonrefundable
2. Requests for New Space. All requests for new space shall be made by mailing
an application containing all information required, addressed to the Harbor Master,
Recreation Department Office, Spring Street Cottage, Newport, RI 02840 All such
applications shall contain the following information:
a. Name, address and telephone (work and home) of applicant,
b. Size and type of boat;
c Overall length of boat;
d. Breadth of boat,
e. Draft of boat;
f Appropriate registration fee (see subsection D of this section),
g. An applicant who does not own a boat shall not be eligible for any new ;
however, any such applicant may retain his/her eligibility on the waiting list for a
period of two years from the date a , space would first have been available to him
or her;
h. Registration fees are nonrefundable when individuals remove their names from the
waiting list. As of April 15th of each year, the harbor master shall determine the number
of moorings available for new space as the sum of all authorized spaces
for which acceptable applications for renewal were not received The harbor master shall
maintain a waiting list of qualified applicants for new applications If the
commercial moorings' quota of twenty-five (25) percent has not been reached,
commercial applications shall be granted in a ratio of one commercial
for every three private moorings, until the quota is reached New moorings shall be
granted in a ratio of three Newport residents to each nonresident
No incomplete applications shall be accepted
3 Relocation Application A registered lessee during the immediately preceding year who
12.28.130. Harbor rules and regulations. Page 3 of 8
shall need or desire a new location shall file an application containing the information set
forth in subsection C.2 of this section, along with the existing space registration
number and size and type of boat
4 Placement.
a. No , shall be placed in Newport Harbor without inspection and approval of the
harbor master The harbor master must direct the placement of the
b No vessel so moored or anchored shall extend beyond the and anchorage
areas into designated channels. 'Vessels anchored in the designated anchorage area must
at all times keep the stern of their vessels to the south of the cable buoys which are
marking the anchorage area.
c. The harbor master shall keep a detailed record of each its location and the
lessee's name, telephone number, home and business addresses, date was set,
and name, length and type of boat to be attached thereto Registration numbers shall also
be required, if applicable.
d. Assignment of i:' Space All assignments of spaces shall be made by the
harbor master. Moorings shall be assigned in chronological order of receipt of completed
applications.
e. The harbor master is given specific authority to relocate moorings within the harbor
based on the size of boats and size or . Any person aggrieved by the decision of
the harbor master to relocate a may appeal the decision pursuant to subsection J
of these rules and regulations.
D. Registration Fee.
1. All applications shall be accompanied by the appropriate fee. All such fees shall be
nonrefundable The harbor master shall collect from the applicant a permit fee,
as follows:
Resident/private: $ 36/pound of required weight, but not less than $30.00
Nonresident/private: $.72/pound of required weight, but not less than $100 00.
Commercial: $.76/pound of required weight of , but not less than $30.00
2 The fee and application must be postmarked by March 15th Within one week after
March 15th, a second notice shall be sent by U S mail to the address provided on the
previous year's registration, with a late fee penalty of one hundred dollars ($100 00)
Submission of the application and one hundred dollars ($100 00) penalty fee must be
postmarked by April 15th. After April 15th, person who have not responded shall received
by certified mail a forfeiture notice Persons wishing to have a show of cause hearing may
do so at the May meeting of the waterfront commission April 30th shall be the deadline
by which to appeal loss After April 30th, tackle may be pulled by the
harbor master and the registered lessee shall lose all right to his or her former
space. No permit shall be transferable, except within the irnmediate family
Immediate family shall include brother, sister, children father. mother, and spouse
3. No person shall cause any boat to be attached to any private unless said boat
is seaworthy and described in the application, provided, however, that the harbor master
may permit the reasonable, temporary use of the by another boat upon
application by the registered lessee
4. A registered lessee may choose to surrender the use of a private for a full
boating season by so notifying the harbor master and the fee for such season would be
12.28.130. Harbor rules and regulations. Page 4 of 8
waived provided such notice has been provided to the harbor master no later than April
15th. The city will then designate the as a seasonal rental for that
season and make it available to a Newport resident on the waiting list Use of the
shall revert to the registered lessee at the close of the boating season The registered
lessee must cause the ground tackle to be inspected prior to surrendering the
control to the city.
E. Waiting Lists. The harbor master shall maintain waiting lists of applications for private
and commercial spaces. The waiting lists shall consist of the existing waiting lists, plus all
new applicants.
F. Forfeiture of Space. Any registered lessee shall be deemed to have forfeited his
or her registered space by reason of the following-
1. Removal of tackle and notification to the harbor master that the space is available;
2. Failure to reregister for such space by March 15th of any season, or failure to replace
any piece of tackle not complying with the tackle standards hereinafter
set forth;
3. Failure to resurface or replace within fifteen (15) days after being advise by the
harbor master that the is down during the boating season; June 1st to December
15th. The lessee may contact the harbor master within the fifteen-day period for an
extension;
4. Failure to comply with any of the requirements of this chapter
All persons shall be notified by certified mail when they have forfeited their space
(s)
G. Specifications of Tackle.
1. tackle shall meet the following minimum requirements.
Pennants
Registered Mushroom
Boat Anchor Nylon Stainless
Length Pounds Dacron Steel Wire
Feet Bottom Top Chain
Chain Line
Under 16 75 3/8 3/8 1/2 1/4
16-19 150 3/8 3/8 1/2 1/4
20-22 200 1/2 3/8 5/8 1/4
23-25 250 1/2 3/8 3/4 1/4
26.30 300 5/8 3/8 3/4 1/4
31-35 400 5/8 3/8 3/4 3/8
36-40 500 3/4 1/2 7/8 3/8
41-50 600 3/4 1/2 1 1/2
51-65 750 1 1/2 1-1/4 1/2
`12.28.130. Harbor rules and regulations. Page 5 of 8
Over sixty-five (65) feet shall comply with the harbor master's directions
2. All transient rental moorings shall consist of a five hundred (500) pound mushroom
anchor and three-quarter-inch bottom chain and three-eighths-inch top chain The weight
of the anchor shall be clearly painted on the ball. All commercial shall
have specially-designated buoys that comply with I D in subsection
G.10 of this section.
3. The maximum length of the pennant shall be two and one-half times the distance from
the bow chock to the water, plus the distance from the bow chock to the cleat or
post.
4. All pennant lines running through a chock, or any other object where chafing may
occur, shall have adequate chafe guards. A second pennant shall be fastened to moorings
made of line or cable or chain and used in case of heavy weather "Y" pennants shall be
acceptable.
5. The total scope of the chain shall be two and one-half times the depth of the water at
high tide. This scope shall be considered as a total of fifty (50) feet in the main harbor.
The bottom and top chain shall each consist of approximately fifty (50) percent of the
scope.
6. All shackles, swivels, and other hardware used in the hookup shall be
proportionable in size to the chain used
7 All shackles shall be properly seized
8. Whenever possible, the pennant be spliced or shackled into the bitter end of the top
chain below the buoy so the strain is not carried by the buoy
9. Only mushroom anchors and pyramid-type anchors shall be acceptable on permanent
moorings.
10. . 1.D. balls shall be white with a blue horizontal stripe (as per federal
regulations) with numerals a minimum of three inches high identifying the city
number. Said numerals shall appear on no fewer than two locations on the ball.
No other markings shall be on the ball Private moorings shall have black
numerals with blue bottom paint. Commercial moorings shall have red bottom paint
and/or red numerals. The balls shall also have an inspection sticker Mushrooms
shall be tagged with the city number
All lessees shall comply with this regulation by April 1, 1994
H Abandonment of Tackle Any registered lessee who owns his or her tackle and is
abandoning his/her space may offer to sell the tackle occupying such space to
the next person assigned the same If such tackle is not sold or rented. it shall be
removed by such registered lessee Failure of the registered lessee to remove such tackle
shall constitute the abandonment thereof, and such tackle may be removed by the harbor
master at the expense of such registered lessee thereof The moving of any tackle to
assigned space shall be at the applicant's expense, and tackle may not be moved from
any registered space without the prior written approval of the harbor master Any
registered lessee desiring to move any tackle shall make application to the harbor master,
who shall determine whether such application shall be approved or refected
I Inspection Procedure
1. The registered lessee shall be required to maintain his or her in safe condition.
Any chain, shackle, swivel or other tackle which has becorne warped or worn by one-third
its normal diameter shall be replaced
2. Failure to maintain a safe hereunder shall be cause for revocation by the
harbor master. The harbor master and his designated agents may inspect any at
12.28.130. Harbor rules and regulations. Page 6 of 8
any time to determine compliance with this section.
3. Inspection of the above shall be certified by a qualified diver and an inspection sticker
must be placed on the ball. Moorings shall have a new inspection sticker every
three years.
J. Appeals. Any person aggrieved by any decision of the harbor master may file an appeal
with respect thereto with the waterfront commission by delivering such appeal in writing
to the Waterfront Commission in care of the Recreation Department, Spring Street
Cottage, Newport, RI 02840, within fifteen (15) days of the ruling of the harbor master
Such appeal shall state with specificity the nature of the ruling and the reason why the
appellant is aggrieved thereby
K Winter Spars. Winter spars shall be readily visible in a vertical
position above the water at all times and shall be removed not later than June 1st of the
next succeeding year. Winter spars shall have the city number visible at
all times. Winter spars shall not be set until on or after the first day of October of each
calendar year.
L. Anchoring.
1. All anchoring, including that of cruise ships, shall be under the direction of the harbor
master.
2. No vessel shall be allowed to anchor in Newport Harbor utilizing her own ground tackle
and be left unattended. The owner or operator and party may go ashore, but shall not
leave the area. They shall be available to tend to the vessel in the event of heavy weather.
M. Rafting. Rafting on a single shall only be allowed if it does not interfere with
adjacent single moorings or anchorages. Boats in a raft shall be manned at all times.
N. Rules for Operation of Boats in Newport Waters
1. Speed. In all harbor areas no boat shall be operated at a speed which shall cause a
wash or wake that can or may endanger other property or life, and in no event shall any
boat exceed a speed limit of five knots in any such harbor area
2. Occupation of Area. No vessel shall occupy a other than the one for
which it is registered. The harbor master shall have authority to move any vessel violating
the provisions of this section and such movement shall be at the owner's expense and risk.
At no time shall any vessel be tied to a inconsistent with the tacking
standards attached thereto.
3. Water Skiing No water skiing shall take place within Newport Harbor
4 Personal Watercraft. Personal watercraft that cannot maintain safe headway within
harbor speed limits (five mph) shall be prohibited.
5. Windsurfers. Windsurfers must stay clear of channels at times of heavy traffic
6. Marine Events. For purposes of safety and prevention of conflicts, organizers of
regattas, marine parades, and other in-water events originating in Newport waters must
notify the harbor master Organizers must provide dates. times. locations, and copies of
appropriate Coast Guard permits.
7 Fishing. All vessels shall use care and courtesy when passing under bridges or by boats
where people are fishing.
8. Reporting of Accidents. All accidents in Newport waters shall be reported to the
Department of Boating Safety, DEM, State of Rhode Island
9. Littering The anti-littering ordinance for the city shall apply to Newport Harbor
10 Vandalism and Theft. Vandalism and theft shall be reported to the harbor master or
the Newport police department
11. Basic Right-of-Way Rule. All vessels must be conducted in such a way that traffic can
proceed safely and easily. No vessel may endanger, damage. or except in unavoidable
'12.28.130. Harbor rules and regulations. Page 7 of 8
circumstances, inconvenience or obstruct another vessel
0. Commercial Moorings.
1. The number of available commercial moorings shall be determined by subtracting the
number of identified commercial moorings from the number which represents twenty-five
(25) percent of the total spaces authorized Present lessees of moorings which
are not designated commercial moorings may apply for commercial designation with their
next
renewal applications. No individual or company shall control more than fifty (50) percent
of the total allowable commercial moorings.
2. It is the responsibility of the lessee of a commercial to keep his or her
clear of any unauthorized vessels
3. The total number of transient rental moorings within the confines of Newport Harbor
shall not exceed forty (40) The forty (40) moorings shall be equally divided to twenty (20)
moorings in the north area and twenty (20) moorings in the south area.
P. Piers and Floating Docks.
1. City piers and floating docks are for general public access and marine-related uses.
2. The judgment of suitability and adequate water depth site conditions for use by any
vessel is the responsibility of the operator of the vessel
3. Swimming and/or fishing are not allowed from any public floating dock.
4. Swimming and/or fishing are not allowed from any public pier that is'so posted.
5. Public Piers and Floating Docks.
a. Marine Terminal at Perrotti Park. Shall be directly operated by the city of Newport for
marine transportation and related marine uses
b. Ann Street. All uses shall be consistent with the rental agreement between the city and
the lessee
c. King Park Stone Pier Vessel access is limited to the floating dock area Uses shall be
limited to dinghy dock and loading dock only
d. Van Zandt. All vessel access is prohibited, including dinghies
e Elm Street. Vessel access is limited to the floating dock area for uses as a loading dock
only.
Q. Driftways. Driftways shall be kept clear of all obstructions so as to allow access to the
water. Only small dinghies, of a size acceptable to the harbor master, may be stored on
driftways. All dinghies must be cleared from driftways between December 1st and April
1 St.
R. Enforcement. Unless otherwise specifically provided herein. these rules and regulations
shall be enforced by the harbor master A ticket system shall be in effect for violations
S. Fines Any person violating the provisions of these rules and regulations shall be subject
to the
jurisdiction of the Newport municipal court and the maximum fine therein
T. Seaplanes.
1. The water area to the west encompassed by Goat Island. to tho north by the Goat Island
Causeway; the land mass that borders Newport-Harbor to the north, east, south, and west,
including Brenton Cove and Fort Adams, hence to a line running directly from Fort Adams
Light to Goat Island shoal light on the south of Goat Island, shall be off limits for any
landing and taking off of seaplanes
2. Seaplanes may land and take off to the west of Goat Island or north of the Goat Island
112.28.130. Harbor rules and regulations. Page 8 of 8
Causeway. Seaplanes may taxi in and out of Newport Harbor (Ord 2000-39 § 1, 2000;
Ord. 2000-29 § 1, 2000; Ord. 99-12 § 1, 1999; Ord 98-49 § 1. 1998. Ord 97-49 § 1,
1997; Ord. 19-97 § 1, 1997, Ord. 1-97 § 1, 1997, Ord 24-96 § 1, 1996, Ord 2-95 § 1,
1995; Ord. 16-94 § 1, 1994; Ord. 24-92 § 1, 1994 prior code § 234 14)
i
BEACON HARBOR-Rules Page 1 of 4
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BEACON HARBOR - Rules
W - 1,
HARBOR RULES AND REG ULATIONS
The following rules and regulations are set forth in order to provide safe and enjoyable use
of our harbor for all. Members are solely responsible for,darnage to/from their boats,
mooring, dinghy and all properties.
ARTICLE ONE: AUTHORITY
rr- 1
a) The Beacon Harbor is the property of the City of Beacon. The Beacon Sloop Club acts as
'Harbor Manager' as per the City of Beacon's Harbor Management Law.
b) The Club, in turn, appoints a 'Harbor Master' and may appoint a 'Harbor Committee'. This
is to be headed by the Harbor Master.
ARTICLE TWO: KEEPING A BOAT IN THE HARBOR
a) The Harbor Master/Committee must first decide that sufficient room exists for another
mooring.
b) An application and membership form will be mailed/given to an applicant.
c) These must be returned by the date shown and must include a cheek(s) for the amount set
forth by the Harbor Master/Committee.
d) The applicant must complete 20 work hours before find 5 work hours after the boating
season. Work parties are on weekends and their times are' set by the Flarbor
Master/Committee.
e) The applicant must supply their own mooring ig. The design of this rig must meet the
r
specifications outlined in Article Three. The Harbor Mastcr will inspect the mooring. Any
BEACON HARBOR- Rules Page 2 of 4
corrections must be made, or it will not be allowed to be placed in the harbor.
f) The 31st of March is the cut-off date for new admissions to the harbor. Exceptions can be
made by the Harbor Master.
ARTICLE THREE: MOORING SPECIFICATIONS
a) Only 'mushroom' style mooring anchors are allowed.
b) The weight of the anchor shall be ten times the length of the boat. Exceptions can be
made by the Harbor Master.
c) A shackle shall attach a length of galvanized chain (Bottom Chain) that is at least 1/2" in
diameter to the anchor. The chain must be 1 1/2 times the maximum' water depth in length.
d) A shackle shall attach the other end of this chain to a galvanized swivel of the eye & eye
type.
e) A shackle shall attach the swivel to a galvanized chain (Light Chain) that is at least 3/8"
in diameter and that is equal to the maximum water depth.
f) A shackle shall attach the other end of this chain to a mooring ball, which shall have twice
the bouyancy of the weight of the light chain, so as to be no more submerged than by half.
The mooring ball may be attached to the light-chain by it's own short piece of chain. A ring
may be attached to the end of the light-chain & the pendants may be attached to this.
g) Each mooring shall also have two (2) pendant lines of thre&strand nylon, at least 1/2" in
diameter and equal in length to 2 1/2 times the freeboard of the boat. Yellow 'plastic' lines
shall not be used.
h) Each mooring shall also have a galvanized safety chain, shackled at one end to the light
chain and the other end attached to the boat.
It shall be long enough so as to be slack when the pendants are secured.
It shall be at least 5/16" in diameter. This chain must never be locked to the boat.
i) All shackles and fittings shall be seized with corrosion-resistant wire, to prevent them
from opening. Plastic ties are not allowed.
j) All moorings are to be at the launch ramp by the date set fbi-th by the Harbor
Master/Committee.
k) Members are responsible for their own moorings during the season, as well as once they
are pulled.
BEACON HARBOR- Rules Page 3 of 4
ARTICLE FOUR: DINGHY STORAGE
a) Members are allowed one dinghy per boat.
b) The Harbor Master/Committee decides which members (Due to circumstances) have use
of the finger docks and which members will need to go between the docks and the pilings.
c) Storing a dinghy on land, by the launch ramp, during the season is not allowed. This
space is set aside for Club boats.
d) Both a bow and stern line/chain must be used,to attach the dinghy to thedock. Either the
boat's name or the last name of the boat's owner must be painted on the dinghy in a visible
area.
e) Members are responsible for their own dinghy. (Bailing out, etc.)
f) If space is available, after each boat has one dinghy at the docks, any Club member may
keep a dinghy, canoe, etc. at the docks. This must be approved by the Harbor
Master/Committee.
g) Portable fuel tanks must be filled on the boat, when tied up to the docks. This is to
prevent spillage from melting the dock's flotation materials. Also, NO SMOKING is
allowed while fueling. It is preferred that you fuel while on your mooring, or at a gas dock.
ARTICLE FIVE: FISHING
a) As per The City of Beacon Harbor Management Law, "No person shall fish in the
harbor...in such a manner so as to impede navigation. This applies to both shorebased &
vessel-based fishing". Members should be courteous to those fishing, and vice versa.
ARTICLE SIX: NON-COMPLIANCE OF REGULATIONS
a) Any member who refuses to comply to the aforementioned Rules and Regulations will
not be allowed to have a boat moored in the harbor. They wi Il be notified by the Harbor
Master/Committee of any such decision.
ARTICLE SEVEN: CONFLICT OF REGULATIONS
a) In any case where a provision of these regulations is found to be in conflict with any other
local provision, the Laws of The City of Beacon shall he followed.
b) These regulations are subject to modification. all members wil be notified of any changes
or annexes.
January 01, 2000
BEACON SLOOP CI,UB
Town of Rockport Mooring Regulations Page 1 of 3
R,Qckport Harbormaster
o ri,nq, Regulations
Rockport, Pigeon Cove, Granite Pier harbors and other anchorages within Town
jurisdiction.
All anchors, chains, pennants and their placement must be, approved by the
Harbormaster Department before gear is set
Anchors and ground tackle specified herein are the minimum required for the boat type.
and size indicated Boat owners must check mooring gear annually
Buoys will be "Massachusetts Regulation Buoy" styrofoam or other approved materials;
white with two inch horizontal blue band, owner's name and boat length inscribed or
painted on buoy.
1. SMALL BOATS (gear specifications are based on single swing mooring)
Boats up to 14' - 1 - 751 b anchor
Boats 15' - 19' - 2 -751 b anchors
For other small craft or special situations, contact the Harbormaster
Single anchor moorings will have 3/8" chain from anchor to mooring buoy (length to be
determined by high water depth), one Massachusetts Regulation Buoy and 1/2" nylon
pennant equipped with chafing gear
Double anchor mooring will have 30' of 1/2" bridle chain, 3/8 up chain to mooring buoy
(length to be determined by high water depth), one Massachusetts Regulation Buoy and
minimum 1/2" nylon pennant equipped with chafing gear
2. LARGE POWER AND SAIL BOATS (gear specifications based on single swing
mooring)
19' -25' 2 - 150 Ib anchors
26' -30' 2 -200 Ib anchors
31' - 35' 2 -250 Ib anchors
36' -40' 2 - 300 Ib anchors
41 ' and over and for special situations see Harbormaster
All moorings will have 40' of 3/4" bridle chain between the two spread anchors, 1/2"
down chain from mooring buoy to bridle chain'(length to be determined by the high water
depth), orie Massachusetts Regulation Buoy and 2 - 3/4" nylon pennants equipped with
chafing gear.
3. FORE AND AFT MOORINGS
"Town of Rockport Mooring Regulations Page 2 of 3
Boat size in category #2 above will have the same weight and number anchors fore and
one anchor aft equal in weight to one of the forward anchors
example: 36' boat 200 - 300 Ib anchors forward and 1 - 300 Ib anchor aft
Forward mooring chain sizes and lengths will be the same as for swing moorings in
category#2 above
Aft moorings will have 30' of 3/4" chain from anchor to down chain Down chain will be at
least 3/8" (length to be determined by high water depth) Two (2) nylon pennants, with
chafing gear, will be attached to a Massachusetts Regulation Buoy
An "in between" line should connect fore and aft moorings but the line should not be a
buoyant material such as poly
4.ANCHORS -The following types of anchors are the only ones authorized for
permanent, single swing and fore and aft moorings in Rockport waters
Mushroom
Track
Yachtsman (one fluke removed or bent down)
Trawl or Net(one fluke removed or bent down)
Danforth
Block- Granite, cement - provide Harbormaster with detailed
description before obtaining
The following may not be used for moorings engine blocks, grapple anchor (or any
anchor with more than one fluke), Northill anchor, cement building blocks or scrap/pig
iron
5. WINTER BUOYS - May be made from Styrofoam, plastic bottles or plastic material.
The buoys must be white and have a 2" blue band The owner's name and boat length
are to be either painted or inscribed on the buoy
Logs and other materials or metal containers (such as steel kegs or drums) may not be
used for summer or winter buoys
Deadweight Anchors:
Deadweight anchors are commonly used in New England They are usually blocks of
granite which hold vessels in place because they are too heavy to be dragged or lifted by
the vessel The holding power of the deadweight anchor is derived soley from it's weight
and not by its design When a deadweight is pulled out of its current resting place, it may
settle somewhere else, because its weight provides constant resistance Blocks become
imbedded in the harbor bottoms over the years, providing a degree of suction resistance
in bottom material which has strong cohesive properties This, a deadweight anchor is
not likely to break free from its set like a mushroom anchor (An anchor is "set" when it
becomes buried in the harbor bottom over time )
It is recommended that the weights indicated be submerged weight of the deadweight
anchor Use the following table to calculate required weight of material submerged
Consult with the Harbormaster before purchasing gear
Minimum deadweight mooring weight
Vessel length
'Town of Rockport Mooring Regulations Page 3 of 3
10 - 17 1000 lbs
18-26 1500 lbs
27 -35 3000 lbs
36 -45 4000 lbs
45-55 5000 lbs
Submerged Weight Calculations
Concrete= required weight/55 (example 1000 lbs / 55 = 1818 lbs )
Granite = required weight/64
If there are any questions please contact the Harbor Department The Harbormasters
Office has data and further information that is recommended by the Massachusetts
Coastal Zone Management and CIGNA LCSD Marine
The Rockport Harbor Department is giving the boat owners guidelines to set their
mooring gear. Caution must be taken to secure vessel for all weather conditions with
special consideration to severe weather and hurricanes
home rmail
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The Nahant Harbormasters Homepage Page 1 of 6
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Harbormaster:
Assistant
Harbormasters: = ''
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VHF Hailing Channel:
VHF Working Chan: 44
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Phone:
Emergency Phone:
Email Address:
More Info Online:
2002 Mooring Application Fill this electronic version out on yrl,;i ,nmputer!
MOORING
REGULATIONS
Sec. 1 Purpose:
The Town of Nahant mooring regulations have been established in order to provide
efficient utilization of harbor and mooring areas, to improve the safety of moored
vessels, and to provide adequate space for the enjoyment of all the users of the
harbor and mooring areas This shall be done by controlling the placement of
moorings, establishing standards for mooring tackle, and by establishing regular,
systematic mooring inspection
Sec. 2 Definitions:
HARBORMASTER shall include all assistant harbormasters appointed by the Board
of Selectmen and Town Administrator and under the direction of the Harbormaster
Boat/Vessel: Every description of watercraft, used or capable of being used as a
means of transportation on the water, including, but not limited to, seaplanes,
amphibious vehicles, ships, barges and water crafts and power boats of any type or
kind with any means of propulsion
Mooring: Semi-permanent ground tackle, a place where vessels are,kept at anchor
a. Individual: moorings placed by a vessel owner for his/her private use
b. Rental: moorings installed for which any type of user fee is charged
Mooring Buoy: A buoy marking a mooring
The Nahant Harbormasters Homepage Page 2 of 6
Mooring Permit: Written authorization issued by the Harbormaster Department to
moor a vessel.
Mooring Year: January 1 st through December 31 st Mooring applications and
permits will be available during the posted hours at the Harbormaster's Office
Bow Chock: A rigging fitting on the bow of a vessel, normally mounted on deck or in
the toe rail, to control a rigging or mooring line
Owner: Shall include individuals, corporations, societies, associations clubs,
partnerships, etc
Pennant: A line, cable, or chain by which a vessel is made fast to a mooring buoy
Resident: Any real estate taxpayer or year round tenant, non-seasonal tenant(6
months or more of the
calendar year) located within the Town of Nahant `Proof of residency Current real
estate tax bill, non-seasonal lease or, valid Massachusetts motor vehicle operator's
license, or any other ID issued by the Massachusetts Registry of Motor Vehicles,
listing an address within the Town of Nahant
To Anchor: To hold a vessel in place by lowering a temporary heavy weight or
anchor into the water
Disturbing Wake: Means the disturbing water or waves that a vessel leaves behind
while underway which could cause injury or damage to another person, property or
vessel due to excessive wave/wake activity
Public Landing: Includes, but not limited to Tudor Wharf, the Town owned floats and
ramp areas located at Tudor Wharf
Permit Decal: Means the mooring sticker issued on a yearly basis by the
Harbormaster.
Anchorage Area: Means any designated area used for the purpose of mooring or
anchoring a vessel.
Sec. 3 Regulations for Nahant Harbor:
a. No vessel shall exceed five (5) miles per hour or cause a disturbing wake within the
mooring areas, Wharf, floats or where posted
b. No person shall operate a boat in any designated mooring area while towing water
skiers, aquaplanes or similar devices.
c. No person shall operate a vessel within three hundred (300) feet of any beach
while towing water-skiers, aquaplanes or similar devices
d. No person shall operate a het-ski, wetbike, or similar devices within three hundred
(300) feet of any beach, mooring area, swimmer, shore, or where posted, at speeds in
excess of headway speed Headway speed shall mean the minimum speed needed
to maintain steerage
e. No persons shall skin dive or SCUBA dive in any mooring or anchorage area with
out first obtaining written permission of the Harbormaster to do so
f.All person skin diving or SCUBA diving shall display and tow the required dive flag
while submerged and shall surface beneath such flag
g. Abandonment of any boat in Town controlled waterways or placing a boat on an
unauthorized mooring shall be prohibited
h. No person shall leave a boat at anchor unattended in any mooring area for more
than four(4) hours unless prior approval has be given in writing by the Harbormaster
to do so
Sec.4 Permits and Fees:
a. Resident: All boats moored in Nahant waters shall be assessed an annual fee of
three dollars ($3 00) per foot (LOA)
b. Non-Resident: All boats moored in Nahant waters shall be assessed an annual
fee of six dollars ($6 00) per foot(LOA)
c. Secondary Moorings: Resident, four dollars (S4 00) pee foot (LOA) * Non-
Resident, twelve dollars (S12 00) per foot(LOA) "
* For vessel owners requesting more than one mooring per boat(secondary
mooring) , consideration of
application will only be given if such moorings are not in an area deemed full
d. No boat shall be moored in Nahant waters without an approved mooring permit and
permit decal.
The decal shall be placed on the boat's transom (starboard side) six inches in and two
The Nahant Harbormasters Homepage Page 3 of 6
inches down from the gunwale. If such placement is impossible due to hull design it
shall be placed where it is readily visible
e. Falsifying information on a mooring permit application or failure to submit a
completed mooring permit application or failure to pay Town of Nahant Boat Excise
Tax shall be cause for non consideration of such permit '
Sec. 5 Mooring Specifications: (Effective 1 January 2000)
All moorings shall meet the minimum standards as set forth below prior to placement
These standards are set for normal weather conditions In the event of gale winds or
stronger and/or extreme tides, it is the mooring owners responsibility to ensure certain
precautions are taken (see storm precautions last page) The Town Of Nahant
realizes that mooring loads are variable, that it is impossible to say that all boats of
equal length require the same size mooring, and such standards can not be applied to
all boats.
The Harbormaster of his/her designee (upon harbormaster approval), reserve the light
to require a boat .
owner in increase the minimum mooring standard for any vessel should they feel the
minimum standard would be inadequate for the vessel because of unusual design,
such as but not limited to, excessive weight, windage, or draft Furthermore, the Town
Of Nahant shall not beheld liable for any damage inflicted if a minimum standard
mooring falls
Mushroom Anchor:
S ie Mooring Weight Chain Top Chain Pennant
OQ-13' 0
14-17' 0
18-21' 0
Harbormaster Approval
Helix Anchor:
The following specifications shall be considered the rninirnum allowable specifications
of a Helix
mooring system
a. The shaft must be a minimum of 1 1/2" thick and a least six feet in length
b. The shaft and helix must be of galvanized or other non-corrosive metal, such as
stainless steel.
c. The shaft must be designed to allow the bottom chain to swivel around the shaft
and to be replaced when necessary
d. There shall be a minimum of two helixes attached to each shaft with the lower helix
being a minimum of 8 in diameter and the top hely heinq n minnnti n of 10" on
diameter
e. All chain and pennant specifications will remain the consistent with the mushroom
anchor chart.
f. Installation of Helix moorings must be done by a certifir.d mooring contractor
approved by the Harbormaster The installer rmisl demonstrate knowledge of the
proper installation procedures and own the necessary machinery and gauges
necessary to properly install the mooring system
g. It shall be the responsibility of the installer to assuIP th It the proper size and length
helix is used according to the subsoil's within a given innni rota area and for the vessel
to be moored
The Nahant Harbormasters Homepage Page 4 of 6
h. The installer shall record the position of the helix mooring by a GPS fix and record
all the mooring specifications in the length of the shaft, depth of mean high
water, torque reading at set, all sizes and length of grOLInd tackle All information shall
be filed with the Harbormaster's Office
Sec. 5A All Moorings:
All Moorings must be renewed no later, than May 1st of each year Moorings not
renewed by June 30th will be considered illegal and removed at the owner's expense
and shall be delivered to the possession of the Harbormaster until claimed by the
rightful owner or disposed of in accordance with M G L Ch 91
The sale of a boat does not include the sale of the mooring location— Permit holders
must notify the Harbormaster immediately upon sale of vessel
Only authorized companies or individuals may service and/or do mooring work in
Nahant-waters A written permit must first be obtained from the Harbormaster's Office
This shall not prohibit a mooring owner from setting or servicing his/her own mooring.
Any mooring other than a mushroom anchor or helix mooring shall be at the sole
discretion of the Harbormaster
Pennants shall be made of Nylon'or Harbormaster approved type line
Chain length shall be 21/2 times the water depth at high tide
Bottom chain shall be 1/3 of the total length of chain
Pennant lengths shall be a least two times the distance from the water to the bow,
plus the distance from the bow to the mooring cleats Mooring pennants will not
exceed 50% (LWL)of the vessel to be moored
All pennants shall have proper chafe gear attached so as to cover an area one foot on
either side of the bow chocks
Moorings found to be inadequate with regards to the Town specifications as detailed
shall be corrected by the owner within seven days of notice by the Harbormaster
Written notice to the Harbormaster detailing the corrective action taken by the owner
and date corrective action was taken shall be required
Mooring buoys shall be inflated, formed, molded or fabricated from white Styrofoam,
rubber, plastic or fiberglass. Each buoy shall be white with a blue, horizontal stripe
Each buoy shall be identified by the owners mooring permit number in block lettering,
not less than 4. in height and of contrasting color to the mooring buoy Mooring buoys
to be readily visible at all tidal ranges All mooring gear shall be inspected and/or
serviced annually, by the owner, certified diver, or mooring service company to
determine condition of gear and to ensure compliance with these regulations
Sec. 6 Placement of Moorings:
Moorings shall not be placed, altered, or shifted except Linder the direction of the
Harbormaster or his/her designee No person shall move or interfere with moorings
belonging to another person except under the direction of the I-larbormaster or
designee thereof and/or the permission of the vessel owner with a valid mooring
permit for that location No person other than the Harbormaster shall move or
interfere with any vessel moored in the harbor who has a permit for that site The
Harbormaster may limit the size and lengths of vessels moored in Nahant waters if in
his opinion this is warranted due to congestion, t--\ease navigation, or as a measure
of public safety. The mooring permit may be suspended or revoked by the
Harbormaster whenever in his opinion the boat and/or mooring unduly threatens the
safety of the mooring areas or the reasonable use of the areas by other boats
Moorings that are placed in a location other than that as permitted by the
Harbormaster shall be grounds for revocation of the mooring permit
Sec. 7 Wait List Procedures:
In areas that have in the opinion of the Harbormaster in r,onsultation with the Town
Administrator, reached the maximum mooring capacity n waiting list shall be
established For areas where no additional space is availablo, individual applicants for
mooring space shall be placed on a waiting list at the Offire Of The Harbormaster
Entries shall be kept in chronological order according to the date the application is
received-The waiting list shall be renewable at the end of each calendar year It shall
be the responsibility of the applicant to notify the Harbormaster, in writing, between
January 1st and March 15th of each year of his/her desire to remain on the waiting
list When a mooring space becomes available, tho Harhormnster shall assign the
The Nahant Harbormasters Homepage Page 5 of 6
mooring space to the first individual on the waiting list with a vessel appropriate for
that particular location.
Sec. 8 Enforcement:
Unless otherwise provide for, these rules and regulation shall be enforced by the
Harbormaster, Assistant Harbormasters', and by police officers empowered to patrol
the waters of the Town of Nahant
Sec. 9 Severability:
In the event that any provisions, section or clause of these regulations is hereafter
found to be invalid, such invalidity shall not affect the validity of the remaining
regulations.
Sec. 10 Compatibility With Other Governmental Regulations:
Nothing contained herein shall be held or construed to supersede or conflict with or
interfere,with or limit the jurisdiction of the United States Government or the
Commonwealth Of Massachusetts, except that in case of concurrent laws or
regulations, the more restrictive rule, law or regulation shall apply
Sec. 11 Penalties:
These regulations establish the procedures in which moorings may be approved in
the Town Of Nahant. Any person violating these rules and regulations shall, for each
offense, be punished by a fine of not more than twenty dollars, each day of the
violation constitutes a separate violation M G L Ch 45 Sec 24
Sec. 12 Appeals Process:
Any person aggrieved by a refusal to permit a mooring, or any condition or restriction
imposed relative thereto, may appeal in writing to the Town Of Nahant's Harbor and
Marine Advisory Committee within fifteen days of such refusal or Imposition The
Town Of Nahant's Harbor and Marine Advisory Committee shall consider such appeal
and render a written determination as soon as practical If a mooring applicant is not
satisfied with the determination of the Harbor and Marine Advisory Committee, he/she
may appeal to the Town Administrator and further to the Department Of
Environmental Protection In the manner prescribed in M G L Ch 91
Sec. 13 Non Payment Of Fees and Taxes:
No mooring permit shall issue until all fees and taxes from previous years are paid in
full
Sec. 14 Authority To Make Regulations:
These regulations are promulgated under the authority of Massachusetts General
Laws Chapter 102, Sections 21 through 26, and Chapter 91 by the Harbormaster on,
4/1/99} and approved by the Town Administrator on, 4/1/99 a'nd by the Board Of
Selectmen on, 4/1/99 The Harbormaster using his/her discretion and after
consultation with the Town Administrator and the Harbor and Marine Advisory
Committee, may deviate from these rules noted above if deemed to be in the best
interest of the Town Of Nahant
• William F Waters , Harbormaster
• Mark C Cullinan, Town Administrator
• Michael R Manning, Board of Selectman
• James H Walsh, Board of Selectman
• Richard J Lombard„ Board of Selectman
• Approved as to form and content Charles H Riley Jr f own (.otinsel
Storm Precautions:
The Nahant Harbormasters Homepage Page 6 of 6
Hurricane season generally lasts between August through October Beside high
winds, you can expect higher than normal tidal conditions, rough seas and tidal
surges in excess of ten feet Plan well ahead of the storm and be prepared Get your
boat out of the water if at all possible and place well away from areas of storm surges
and high water Make storm plans with your boat hauler, or a manna in the event of a
storm If you are unable to have your boat hauled or move to a more sheltered
location, you should double up on your pennant with additional lines, increase your
moorings scope, place storm anchors, etc Remember the Town Ramp will be
extremely busy. If you can't haul your vessel
You should remove from your boat:
• All sails, roller furling, etc
• All dodgers, biminis and enclosures
• Antennas and electronics
• All removable equipment(rafts, deck chairs, boxes, etc )
• Ship's papers and all valuables
• Portable fuel tanks (gasoline and propane)
• Pump bilges dry and remove fresh water from holding tanks
• • Batteries should be fully charged, pump switches and intake aren't dammed and work freely.
• Check and add chafing gear
• Secure all hatches, windows, port holes, sea cocks Shut off fuel lines to engine and cooking
appliances
• Once Your Boat Is Secured, Leave Never Stay With Your Boat During The Storm
Beverly Massachusetts mooring regulations Page 1 of 6
Eft J r
15BE'VERILY, MASS
HARBOR
ray
RM4 AST E
Sec. I Terms and Definitions
Sec. II Harbormaster
Sec. III General Regulations for Beverly Flarbor
Sec. IV Mooring/Slip and Rack Regulations, Permits and Fee"
Sec. V Mooring Gear and Equipment Regulations
Sec. VI Minimum Standards for Mooring Equipment
Sec. VII Responsibility
Sec. VIII Bridge Procedures and Opening Instructions
Sec. I - Terms and Definitions
The words, terms or phrases used within the following sections shall have the meanings set forth in this
section unless otherwise stated.
1. HARBORMASTER shall include all assistant harbormasters appointed by the Mayor and
under the direction of the Harbormaster.
2. VESSEL includes boats of all kinds, ships. barges, sailing vessels, water crafts and
powerboats of any type or kind with any means of propulsion.
3. ANCHORAGE AREA means any area designated on the chart and/or used for the
purpose of anchoring and mooring.
4. DISTURBING WAKE means the disturbing mater or that a vessel leaves behind
while underway which could cause injury or clamage to another person or vessel due to
excessive rocking.
5. PUBLIC LANDING includes, but not limited to the floats and piers at the Perryway
Landing.
6. PERMIT DECAL means the 3" x 3" sticker issued 011 a N-carly hasis by the Harbormaster.
Beverly Massachusetts mooring regulations Page 2 of 6
7. TRANSIENT MOORING means the 111001-ingS used on a temporary basis by visiting
boats and maintained by yacht clubs or mooring rental companies
See. II - Harbormaster-Power and Authority
1. The Harbormaster shall have the authority to enforce all applicable State Laws and City
Ordinances, make regulations regarding the size, kind. and placement of all mooring gear
within the confines of the City and shall enforce these regulations as provided in General
Laws.
See. III- General Regulations for Beverly Harbor
1.No Vessel shall exceed five (5) miles per hour or cause a disturbing wake within the
anchorage areas, mooring areas, marinas, or where posted.
2. No person shall operate a boat in any designated anchorage area while towing water
skiers, aquaplanes, or similar devices.
3.No vessel shall be tied to any public landing for a period greater than thirty (30) minutes
without the express permission of the Harbormaster.
4. No person shall operate a vessel within three hundred (300) feet of any beach while
towing water skiers, aquaplanes, or similar devices.
5. No person shall operate a vessel within one hundred ( 100) feet of a dive flag or marker
unless such boat is being operated by a person working N\1th and rendering assistance to
such divers.
6. All persons skin diving or scuba diving shall drspla� and tem the required dive flag while
submerged and surface beneath such flag.
7. Willful abandonment of anv boat in city waterways or placnlg a haat on an unauthorized
mooring shall be prohibited.
8. No more than three boats are allowed to tic to ani, one nlooring in t c M1Ser\ Island area.
9. No person shall operate a personal watercraft lctsl:i. tiui Ilet. of \\ethll.e in Beverly waters
(a) unless the person is 16 years of age or older. (h) N\ithin 150 feel ofa sv"hiinler, shore, or
moored vessel, except at headway speed,
(c) without wearing an approved personal flotation dc\-icc or (d) hct\\ecn sunset and
sunrise. For the purpose of this section, the terns "head\\a\ ,,peed" shall mean the slowest
speed at which a personal watercraft,jetski, surl.jet or \a ethil.c can be operated and maintain
steerage way.
Beverly Massachusetts mooring regulations Page 3 of 6
10. All violations of this section shall be punishable by a fine oC not more than fifty dollars
• ($50.00).
Sec. IV- Mooring/Slip and Rack Regulations, Permits and Fees
1. All boats moored in city waters, tied at slips or seasonally rack stored on waterfront
property with launching capacity shall be assessed an annual 1ec at the rate of four dollars
($4.00)per foot of length. All boat tenders or dinghies belonging to or attached to another
fee-paying boat shall be exempt.
2.No mooring shall be placed in Beverly waters without first obtaining permission from the
Harbormaster and completing the required applications. Moorings in Beverly waters
without a permit will be removed and the owner lined fifty ($50.00) dollars per day.
3.No boat shall be moored, other than temporarily, at any private dock, marina, or yacht
club in Beverly waters, without first obtaining a slip permit from the the Harbormaster and
paying the required permit fee.
4. No boat shall be moored in Beverly waters without an approved mooring permit and
permit decal. The decal shall be placed on the boat's transom (starboard side) or as close as
possible. This does not apply to transient boats moored on transient moorings for less than
seven(7) days.
® 5. Mooring permits must be renewed by May I of cacll year. Renewal permits received or
postmarked after May I will be assessed a late fee. Permit locations not renewed by this date will be
reassigned on a first come first serve basis.
6. Moorings not renewed by July I will be considered II Icgal and removed at the owner's
expense and shall be delivered to the possession of'the Harbormaster until claimed by the .
proper owner or disposed of according to (M.G.L. Cllap. 91).
7. No mooring permit shall be transferable. Only the Harbormaster may authorize in writing
the temporary use of a mooring by another boat upon application by the permit holder.
Yacht club commodores may assign guest vessels to guest moorings or moorings of their
respective club members upon permission frons the moorino o\\-mer
8. All permits will expire on December 31 oCeach year
9. The sale of a boat does not include the sale ol'thc mooring, location. "I'he mooring permit
holder must notify the Harbormaster immediately upon thr .Sale of thclr boat.
10. Anyone requesting a new mooring in Beverly Waters must first join the waiting list by
contacting the Harbormaster's office. A ten dollar Ice ($10.00) is rcqun•cd each year to
remain on the list. This fee will be subtracted from the first N car's moonno permit Cee.
11. Winter spars are not required, but i1'used must be removed by .lune I and shall not be set
before October 1 of each year.
Beverly Massachusetts mooring regulations Page 4 of 6
12. No mooring shall be moved without first obtaining permission Irons the Harbormaster.
13. Excise tax shall be paid to the Assessor's office and should not be confused with the
mooring fee which is paid to the Harbormaster's Department prior to May 1.
14. No mooring permit will be issued until all fees and taxes frons previous years are paid in
full.
15. Mooring permit holders must notify the Harbormaster immediately upon any change in
information provided on the mooring permit application and when no longer desired, must
cancel their permit prior to May 1st to avoid being billed Ior that season.
See. V -Mooring Gear and Equipment Regulations
1. No mooring gear or equipment shall be placed in Beverly waters without first being
inspected by the Harbormaster or authorized mooring company to ensure the adequacy of
such gear.
2. Only authorized mooring companies may service and/or do mooring work in Beverly
waters. A permit must first be obtained from the Flarbormaster.
3. It is the mooring owner's responsibility to ensure that the mooring number be
permanently affixed to mooring float or winter spar and be legible at all times.
4. All mooring numbers shall include the prefix letter which designates each area. Areas
shall be designated as follows: Area (B), all moorings m the Danvers and Bass rivers to the
Amtrak bridge. Area (V), from the Amtrak Bridge to Monument Bar. Area (R), from
Monument Bar to Curtis Point. Area (L), from Curtis Point to the Manchester border,
excluding the islands. Area(Y). all moorings in Bei erly Niters I()r Misery and Baker's
Islands.
5 . Any mooring float or winter spar without a Beverly issued number will be considered
illegal and removed. Unless claimed by the owner. these moornigs will be held in the
custody of the Harbormaster for one (1) year and thcn disposed ofaccording to General
Law.
6. All mooring gear shall be inspected and/or serviced by the oN\ner. certified diver, or
mooring service company at least once annually to determine the condition of gear and to
ensure compliance with minimum standards set forth h\ the I larhornlaster.
7. All mooring owners or mooring service comjximc,, shall notiI'V the I larbormaster Dept. in
writing of all inspections and service completed to mooring uc ur
8. Winter spars shall be rigged in away tllat tllC1, maintain an upright position during all
tide levels. The top portion shall be painted white and ha\C the number affixed to at least
two sides.
9. All moorings shall be equipped witll a primary and ticcondai\ pennant
Beverly Massachusetts mooring regulations Page 5 of 6
10. All mooring floats shall be kept clean to ensure they remain at least six (6) inches above
the surface of the water at all times.
11. It shall be the permit holder's responsibility to ensure nloorino ocar is maintained and in
serviceable condition at all times.
12. The Harbormaster may order that moorings be serviced il'lound to be overgrown with
marine growth and considered a hazard to navigation.
13. Moorings not serviced within ten (10) days of notification will be removed.
See. VI -Minimum Standards for Mooring Equipment
1. The following are the minimum acceptable standards for mooring equipment and gear
used in Beverly waters. All vessels shall maintain these minimum standards while moored
in Beverly waters.
A. Mooring Block Weight
Length Mooring Area
of Vessel
B V R 1, Y
0 - 9 100 200 200 400 500
10 - 17 400 400 400 800 1000
18 - 26 1000 1000 1000 1500 1500
27 - 35 1500 2000 2000 3000 3000
36 - 45 3000 3500 3500 4000 4000
46 - 55 4000 5000 5000 5000 5000
56 + over Reviewed on all Inde\'IdUal basis
C. Chain Size - l or All Mooren<-1 Arca,
Length of Vessel Bottom rop
0 - 9 3/8" 1/4"
10 - 17 3/8" �/l 6"
18 - 26 1/2" 4"
27 - 35 5/8" 3'8"
36 - 45 )i4"
46 - 55 )/4" 1 '"
56 +over Revie\\cd on all IIIdI\ ICIIIal basis
D. Scope of Chain - Minimum Length For All Nlooring Arras
Beverly Massachusetts mooring regulations Page 6 of 6
a. Bottom Chain: Length= Depth at charted mean low water plus five (5)
feet
b. Top Chain: Length= Depth at mean high water plus ten (10 Feet)
E. Pennants - Minimum Length and Size For All Mooring Areas
a. A primary and secondary pennant is required on all boats.
b. All pennants shall have chaffing gear where pennant passes through chock. All
chocks should be compatible in size with line and have si-noo
The Nahant Harbormasters Homepage Page 1 of 6
Harbormaster:
Assistant
Harbormasters: '
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VHF Hailing Channel: pt ,
VHF Working Chan:
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- Phone:
Emergency Phone:
Email Address:
More Info Online:
2002 Mooring Application Fill this electronic version out nn yo!:; -_,mputer,
�yphS
MOORING ���A� rq
REGULATIONS
Sec. 1 Purpose:
The Town of Nahant mooring regulations have been established in order to provide
efficient utilization of harbor and mooring areas, to improve the safety of moored
vessels, and to provide adequate space for the enjoyment of all the users of the
harbor and mooring areas This shall be done by controlling the placement of
moorings, establishing standards for mooring tackle, and by establishing regular,
systematic mooring inspection
Sec. 2 Definitions:
HARBORMASTER shall include all assistant harbormasters appointed by the Board
of Selectmen and Town Administrator and under the direction of the Harbormaster
BoatNessel: Every description of watercraft used or capable of being used as a
means of transportation on the water, including, but not lirnited to, seaplanes,
amphibious vehicles, ships, barges and water crafts and power boats of any type or
kind with any means of propulsion
Mooring: Semi-permanent ground tackle, a place where vessels are kept at anchor
a. Individual: moorings placed by a vessel owner for his/her private use
b. Rental: moorings installed for which any type of;isei fee is charged
Mooring Buoy: A buoy marking a mooring
The Nahant Harbormasters Homepage Page 2 of 6
Mooring Permit: Written authorization issued by the Harbormaster Department to
moor a vessel
Mooring Year: January 1st through December 31st Mooring applications and
permits will be available during the posted hours at the Harbormaster's Office
Bow Chock: A rigging fitting on the bow of a vessel, normally mounted on deck or in
the toe rail, to control a rigging or mooring line
Owner: Shall include individuals, corporations, societies, associations clubs,
partnerships, etc
Pennant: A line, cable, or chain by which a vessel is made fast to a mooring buoy
Resident: Any real estate taxpayer or year round tenant, non-seasonal tenant(6
months or more of the
calendar year) located within the Town of Nahant *Proof of residency Current real
estate tax bill, non-seasonal lease or, valid Massachusetts motor vehicle operator's
license, or any other ID issued by the Massachusetts Registry of Motor Vehicles,
listing an address within the Town of Nahant
To Anchor: To hold a vessel in place by lowering a temporary heavy weight or
anchor into the water
Disturbing Wake: Means the disturbing water or waves that a vessel leaves behind
while underway which could cause injury or damage to another person, property or
vessel due to excessive wave/wake activity
Public Landing: Includes, but not limited to Tudor Wharf, the Town owned floats and
ramp areas located at Tudor Wharf
Permit Decal: Means the mooring sticker issued on a yearly basis by the
Harbormaster
Anchorage Area: Means any designated area used for the purpose of mooring or
anchoring a vessel.
Sec. 3 Regulations for Nahant Harbor:
a. No vessel shall exceed five (5) miles per hour or cause a disturbing wake within the
mooring areas, Wharf, floats or where posted
b. No person shall operate a boat in any designated mooring area while towing water
skiers, aquaplanes or similar devices
G. No person shall operate a vessel within three hundred (300) feet of any beach
while towing water-skiers, aquaplanes or similar devices
d. No person shall operate a het-ski, wetbike, or similar devices within three hundred
(300) feet of any beach, mooring area, swimmer, shore, or where posted, at speeds in
excess of headway speed Headway speed shall mean the minimum speed needed
to maintain steerage
e. No persons shall skin dive or SCUBA dive in any mooring or anchorage area with
out first obtaining written permission of the Harbormaster to do so
f. All person skin diving or SCUBA diving shall display and tow the required dive flag
while submerged and shall surface beneath such flag
g. Abandonment of any boat in Town controlled waterways or placing a boat on an
unauthorized mooring shall be prohibited
h. No person shall leave a boat at anchor unattended in any mooring area for more
than four(4) hours unless prior approval has be given in writing by the Harbormaster
to do so
Sec. 4 Permits and Fees:
a. Resident: All boats moored in Nahant waters shall be assessed an annual fee of
three dollars ($3 00) per foot(LOA)
b. Non-Resident: All boats moored in Nahant waters shall he assessed an annual
fee of six dollars ($6 00) per foot (LOA)
c. Secondary Moorings: Resident, four dollars (S4 00) per foot (LOA) * Non-
Resident, twelve dollars ($12 00) per foot (LOA) "
* For vessel owners requesting more than one mooring per boat (secondary
mooring) , consideration of
application will only be given if such moorings are not in an area deemed full
d. No boat shall be moored in Nahant waters without an approved mooring permit and
permit decal
The decal shall be placed on the boat's transom (starboard side) six inches in and two
The Nahant Harbormasters Homepage Page 3 of 6
inches down from the gunwale If such placement is impossible due to hull design it
shall be placed where it is readily visible
e. Falsifying information on a mooring permit application or failure to submit a
completed mooring permit application or failure to pay Town of Nahant Boat Excise
Tax shall be cause for non consideration of such permit
Sec. 5 Mooring Specifications: (Effective 1 January 2000)
All moorings shall meet the minimum standards as set forth below prior to placement
These standards are set for normal weather conditions In the event of gale winds or
stronger and/or extreme tides, it is the mooring owners responsibility to ensure certain
precautions are taken (see storm precautions last page) The Town Of Nahant
realizes that mooring loads are variable, that it is impossible to say that all boats of
equal length require the same size mooring, and such standards can not be applied to
all boats
The Harbormaster of his/her designee (upon harbormaster approval), reserve the light
to require a boat
owner in increase the minimum mooring standard for any vessel should they feel the
minimum standard would be inadequate for the vessel because of unusual design,
such as but not limited to, excessive weight, windage, or draft Furthermore, the Town
Of Nahant shall not be held liable for any damage inflicted if a minimum standard
mooring falls
Mushroom Anchor:
S Boat Weight B tto Top Chain Pennant
00-13' 1
F714_17/-"-]
0
18-21' 0
0 0
,0 0
Harbormaster Approval
Helix Anchor:
The following specifications shall be considered the minimum allowable specifications
of a Helix
mooring system
a. The shaft must be a minimum of 1 1/2" thick and a least six feet in length
b. The shaft and helix must be of galvanized or other non-corrosive metal, such as
stainless steel
c. The shaft must be designed to allow the bottom chain'to swivel around the shaft
and to be replaced when necessary
d. There shall be a minimum of two helixes attached to each shaft with the lower helix
being a minimum of 8 in diameter and the top hely herng a minimum of 10" on
diameter'
e. All chain and pennant specifications will remain the consistent with the mushroom
anchor chart
f. Installation of Helix moorings must be done by a certified mooirng contractor
approved by the Harbormaster The installer must demonstrate knowledge of the
proper installation procedures and own the necessary machinery and gauges
necessary to properly install the mooring system
g. It shall be the responsibility of the installer to assure that tho proper size and length
helix is used according to the subsoll's within a given moni incl ni ea and for the vessel
to be moored
The Nahant Harbormasters Homepage Page 4 of 6
h. The installer shall record the position of the helix mooring by a GPS fix and record
all the mooring specifications including the length of the shaft, depth of mean high
water, torque reading at set, all sizes and length of ground tackle All information shall
be filed with the Harbormaster's Office
Sec. 5A All Moorings:
All Moorings must be renewed no later, than May 1 st of each year Moorings not
renewed by June 30th will be considered illegal and removed at the owner's expense
and shall be delivered to the possession of the Harbormaster until claimed by the
rightful owner or disposed of in accordance with M G L Ch 91
The sale of a boat does not include the sale of the mooring location- Permit holders
must notify the Harbormaster immediately upon sale of vessel
Only authorized companies or individuals may service and/or do mooring work in
Nahant waters A written permit must first be obtained from the Harbormaster's Office
This shall not prohibit a mooring owner from setting or servicing his/her own mooring
Any mooring other than a mushroom anchor or helix mooring shall be at the sole
discretion of the Harbormaster
Pennants shall be made of Nylon or Harbormaster approved type line
Chain length shall be 21/2 times the water depth at high tide
Bottom chain shall be 1/3 of the total length of chain
Pennant lengths shall be a least two times the distance frorn the water to the bow,
plus the distance from the bow to the mooring cleats Mooring pennants will not
exceed 50% (LWL)of the vessel to be moored
All pennants shall have proper chafe gear attached so as to cover an area one foot on
either side of the bow chocks
Moorings found to be inadequate with regards to the Town specifications as detailed
shall be corrected by the owner within seven days of notice by the Harbormaster
Written notice to the Harbormaster detailing the corrective action taken by the owner
and date corrective action was taken shall be required
Mooring buoys shall be inflated, formed, molded or fabricated from white Styrofoam,
rubber, plastic or fiberglass Each buoy shall be white with a blue, horizontal stripe
Each buoy shall be identified by the owners mooring permit number in block lettering,
not less than 4 in height and of contrasting color to the mooring buoy Mooring buoys
to be readily visible at all tidal ranges All mooring gear shall be inspected and/or
serviced annually, by the owner, certified diver, or mooring service company to
determine condition of gear and to ensure compliance with these regulations
Sec. 6 Placement of Moorings:
Moorings shall not be placed, altered, or shifted except cinder the direction of the
Harbormaster or his/her designee No person shall move or interfere with moorings
belonging to another person except under the direction of the Harbormaster or
designee thereof and/or the permission of the vessel owner with a valid mooring
permit for that location No person other than the Harbormaster shall move or
interfere with any vessel moored in the harbor who has a permit for that site The
Harbormaster may limit the size and lengths of vessels moored in Nahant waters if in
his opinion this is warranted due to congestion, t-\ease navigation or as a measure
of public safety The mooring permit may be suspended or revoked by the
Harbormaster whenever in his opinion the boat and/or mooring unduly threatens the
safety of the mooring areas or the reasonable use of the areas by other boats
Moorings that are placed in a location other than that as permitted by the
Harbormaster shall be grounds for revocation of the monring permit
Sec. 7 Wait List Procedures:
In areas that have in the opinion of the Harbonnaster in r,_)1Vzultation with the Town
Administrator, reached the maximum mooring capacity .m vmtnq list shall be
established. For areas where no additional space is available individual applicants for
mooring space shall be placed on a waiting list at the Offire Of rhe Harbormaster
Entries shall be kept in chronological order according to the date the application is
received-The waiting list shall be renewable at the end of each calendar year It shall
be the responsibility of the applicant to notify the Harbormaster- in writing, between
January 1st and March 15th of each year of his/her desire to remain on the waiting
list. When a mooring space becomes available, the Harhormmnster shall assign the
The Nahant Harbormasters Homepage Page 5 of 6
mooring space to the first individual on the waiting list with a vessel appropriate for
that particular location
Sec.8 Enforcement:
Unless otherwise provide for, these rules and regulation shall be enforced by the
Harbormaster, Assistant Harbormasters', and by police officers empowered to patrol
the waters of the Town of Nahant
Sec. 9 Severability:
In the event that any provisions, section or clause of these regulations is hereafter
found to be invalid, such invalidity shall not affect the validity of the remaining
regulations
Sec. 10 Compatibility With Other Governmental Regulations:
Nothing contained herein shall be held or construed to supersede or conflict with or
interfere with or limit the jurisdiction of the United States Government or the
Commonwealth Of Massachusetts, except that in case of concurrent laws or
regulations, the more restrictive rule, law or regulation shall apply
Sec. 11 Penalties:
These regulations establish the procedures in which moorings may be approved in
the Town Of Nahant. Any person violating these rules and regulations shall, for each
offense, be punished by a fine of not more than twenty dollars. each day of the
violation constitutes a separate violation M G L Ch 45 Sec 24
Sec. 12 Appeals Process:
Any person aggrieved by a refusal to permit a mooring, or any condition or restriction
imposed relative thereto, may appeal in writing to the Town Of Nahant's Harbor and
Marine Advisory Committee within fifteen days of such refusal or Imposition The
Town Of Nahant's Harbor and Marine Advisory Committee shall consider such appeal
and render a written determination as soon as practical If a mooring applicant is not
satisfied with the determination of the Harbor and Marine Advisory Committee, he/she
may appeal to the Town Administrator and further to the Department Of
Environmental Protection In the manner prescribed in M G L Ch 91
Sec. 13 Non Payment Of Fees and Taxes:
No mooring permit shall issue until all fees and taxes from previous years are paid in
full
Sec. 14 Authority To Make Regulations:
These regulations are promulgated under the authority of Massachusetts General
Laws Chapter 102, Sections 21 through 26, and Chapter 91 by the Harbormaster on,
4/1/99) and approved by the Town Administrator on, 4/1/99 and by the Board Of
Selectmen on, 4/1/99 The Harbormaster using his/her discretion and after
consultation with the Town Administrator and the Harbor and Marine Advisory
Committee, may deviate from these rules noted above if deemed to be in the best
interest of the Town Of Nahant
• William F Waters , Harbormaster
• Mark C Cullinan, Town Administrator
• Michael R. Manning, Board of Selectman
• James H Walsh, Board of Selectman
• Richard J Lombard„ Board of Selectman
• Approved as to form and content Charles H Riley .Jr Town Counsel
Storm Precautions:
'The Nahant Harbormasters Homepage Page 6 of 6
Hurricane season generally lasts between August through October Beside high
winds, you can expect higher than normal tidal conditions, rough seas and tidal
surges in excess of ten feet Plan well ahead of the stone and be prepared Get your
boat out of the water if at all possible and place well away from areas of storm surges
and high water. Make storm plans with your boat hauler, or a marina in the event of a
storm. If you are unable to have your boat hauled or move to a more sheltered
location, you should double up on your pennant with additional lines, increase your
moorings scope, place storm anchors, etc Remember the Town Rarnp will be
extremely busy If you can't haul your vessel
You should remove from your boat:
• All sails, roller furling, etc
• All dodgers, biminis and enclosures
• Antennas and electronics
• All removable equipment(rafts, deck chairs, boxes, etc )
• Ship's papers and all valuables
• Portable fuel tanks (gasoline and propane)
• Pump bilges dry and remove fresh water from holding tanks
• Batteries should be fully charged, pump switches and intake aren't dammed and work freely
• Check and add chafing gear
• Secure all hatches, windows, port holes, sea cocks Shut off fuel lines to engine and cooking
appliances
• Once Your Boat Is Secured, Leave Never Stay With Your Boat During The Storm
s
t
t
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Beverly Massachusetts mooring regulations Page 1 of 6
BEVERLY, MASE -�
ju HARBOR
In
Sec. I Terms and Definitions
Sec. II Harbormaster
Sec. III General Regulations for Beverly Harbor
Sec. IV Mooring/Slip and Rack Regulations, Permits ,incl F cc,,
Sec. V Mooring Gear and Equipment Regulations
See. VI Minimum Standards for Mooring Equipment
Sec. VII Responsibility
Sec. VIII BridLye Procedures and Opening Instruclions
Sec. I - Terms and Definitions
The words, terms or phrases used within the following sections shall have the meanings set forth in this
section unless otherwise stated.
1. HARBORMASTER shall include all assistant harbormasters alipointed by the Mayor and
under the direction of the Harbormaster.
2. VESSEL includes boats of all kinds, ships, barges, sailing N•essels, water crafts and
powerboats of any type or kind with any means of propulsion.
3. ANCHORAGE AREA means any area designated on the chart and/or used for the
purpose of anchoring and mooring.
4. DISTURBING WAKE means the disturbing \�,iter or N\a\cs that a \•cssel leaves behind
while underway which could cause injury or damage to another person or vessel due to
excessive rocking.
5. PUBLIC LANDING includes, but not limited to the Moats and piers at the Ferryway
Landing.
6. PERMIT DECAL means the 3" x 3" sticker issued cin a carp basis by the Harbormaster.
Beverly Massachusetts mooring regulations Page 2 of 6
7. TRANSIENT MOORING means the moorings used on a temporary basis by visiting
boats and maintained by yacht clubs or mooring rental companies.
See. II -Harbormaster-Power and Authority
1. The Harbormaster shall have the authority to enforce all applicable State Laws and City
Ordinances, make regulations regarding the size, kind, and placement of'all mooring gear
within the confines of the City and shall enforce these regulations as provided in General
Laws.
Sec. III- General Regulations for Beverly Harbor
1.No Vessel shall exceed five (5) miles per hour or cause a disturbing wake within the
anchorage areas, mooring areas, marinas, or where posted.
2.No person shall operate a boat in any designated anchorage area while towing water
skiers, aquaplanes, or similar devices.
1 No vessel shall be tied to any public landing for a period greater than thirty (30) minutes
without the express permission of the Harbormaster.
4. No person shall operate a vessel within three hundred (300) feet of any beach while
towing water skiers, aquaplanes, or similar devices.
5. No person shall operate a vessel within one hundred (100) feet ol'a dive flag or marker
unless such boat is being operated by a person working \\itli and rendering assistance to
such divers.
6. All persons skin diving or scuba diving shall displm and toy\ the required dive flag while
submerged and surface beneath such flag.
7. Willful abandonment of any boat in city waterways or placino a boat on an unauthorized
mooring shall be prohibited.
8. No more than three boats are allowed to tic to any one nlooring in t e Misery Island area.
9. No person shall operate a personal watercraft lctsl:l. sui Ilet. or \\cthil.e in Beverly waters
(a) unless the person is 16 years of age or older. (h) \\ilhin 150 feet ofa swurnnner, shore, or
moored vessel, except at headway speed,
(c) without wearing an approved personal flotation device or (d) l_)elwCell sunset and
sunrise. For the purpose of this section, the terns sliced" shall lllean the slowest
speed at which a personal watercraft,jetski, surljet or \\-cthil.c can be operated and maintain
steerage way.
Beverly Massachusetts mooring regulations Page 3 of 6
10. All violations of this section shall be punishable by a line ol'not more than fifty dollars
($50.00).
Sec. IV -Mooring/Slip and Rack Regulations, Permits and Fees
1. All boats moored in city waters, tied at slips or seasonally racl< stored on waterfront
property with launching capacity shall be assessed an annual Ice at the rate of four dollars
($4.00) per foot of length. All boat tenders or dinghies belonging to or attached to another
fee-paying boat shall be exempt.
2. No mooring shall be placed in Beverly waters without first obtaining permission from the
Harbormaster and completing the required applications. Moorings in Beverly waters
without a permit will be removed and the owner fined fifty ($50.00) dollars per day.
3. No boat shall be moored, other than temporarily, at any private dock, marina, or yacht
club in Beverly waters, without first obtaining a slip permit from the the Harbormaster and
paying the required permit fee.
4. No boat shall be moored in Beverly waters without an approved mooring permit and
permit decal. The decal shall be placed on the boat's transom (starboard side) or as close as
possible. This does not apply to transient boats moored on transient moorings for less than
seven(7) days.
5. Mooring permits must be renewed by May l of eacli year. Renewal permits received or
postmarked after May I will be assessed a late fee. Permit locations not renewed by this date will be
reassigned on a first come first serve basis.
6. Moorings not renewed by July I will be considered illegal and removed at the owner's
expense and shall be delivered to the possession of the Harbormaster until claimed by the
proper,owner or disposed of according to (M.G L. C Ilap. 91)
7.No mooring permit shall be transferable. Only the Harbormaster may authorize in writing
the temporary use of a mooring by another boat upon application by the permit holder.
Yacht club commodores may assign guest vessels to guest moorings or moorings of their
respective club members upon permission from the mooring owiler
8. All permits will expire on December 31 of each year.
9. The sale of a boat does not include the sale of the mooring, location Tlie mooring permit
holder must notify the Harbormaster inurlcdiatCh, upon the gale of their bleat.
10. Anyone requesting a new mooring in Bcycrly \\atC1'S illlltit I irst loin the waiting list by
contacting the Harbormaster's office. A ten dollar Ice ($10.00) Is required each year to
remain on the list. This fee will be subtracted from the I II'st \car's mooring permit Ice.
11. Winter spars are not required. but if used must be renlovecl by June I and shall not be set
before October 1 of each year.
Beverly Massachusetts mooring regulations Page 4 of 6
12. No mooring shall be moved without first obtai iing permission Gone the Harbormaster.
13. Excise tax shall be paid to the Assessor's office and should not be confused with the
mooring fee which is paid to the Harbormaster's Department prior to May 1.
14. No mooring permit will be issued until all fees and taxes frons previous years are paid in
full.
15. Mooring permit holders must notify the Harbormaster inlnlediately upon any change in
information provided on the mooring permit application and when no longer desired, must
cancel their permit prior to May 1 st to avoid being billed Im that season.
Sec. V - Mooring Gear and Equipment Regulations
1. No mooring gear or equipment shall be placed M Beverly waters without first being
inspected by the Harbormaster or authorized mooring company to ensure the adequacy of
such gear.
2. Only authorized mooring companies may service and/or do mooring work in Beverly
waters. A permit must first be obtained from the Harbormaster
3. It is the mooring owner's responsibility to ensure that the mooring number be
permanently affixed to mooring float or winter spar and be legible at all times.
4. All mooring numbers shall include the prefix letter which designates each area. Areas
shall be designated as follows: Area (B), all moorings in the Danvers and Bass rivers to the
Amtrak bridge. Area (V), from the Amtrak Bridge to Monument Bar. Area (R), from
Monument Bar to Curtis Point. Area (L), frons Curtis Point to the Manchester border,
excluding the islands. Area(Y). all moorings in Beverly \N,aters for Misery and Baker's
Islands.
5 . Any mooring float or winter spar without a Beverly Issued number will be considered
illegal and removed. Unless claimed by the owner. these nuoornlgs will be held in the
custody of the Harbormaster for one (1) year and then disposed of according to General
Law.
6. All mooring gear shall be inspected and/or serviced by the owner. certified diver, or
mooring service company at least once annually to determine the co►ld►t►o►1 of gear and to
ensure compliance with minimum standards set forth by the I larhornlaster
7. All mooring owners or mooring service companies shall notify the I larbornlaster Dept. in
writing of all inspections and service completed to iiiooriiw, �ocar
8. Winter spars shall be rigged in a way that they maintain an upri1�ht pos►t►o►1 during all
tide levels. The top portion shall be painted white and haVC the number affixed to at least
two sides.
9. All moorings shall be equipped with a primary and secondary pennant
'Beverly Massachusetts mooring regulations Page 5 of 6
10. All mooring floats shall be kept clean to ensure they renlaln at least six (6) inches above
the surface of the water at all times.
11. It shall be the permit holder's responsibility to ensure 111x11-1110 ocar is maintained and in
serviceable condition at all times.
12. The Harbormaster may order that moorings be serviced i f-louncl to be overgrown with
marine growth and considered a hazard to navigation
13. Moorings not serviced within ten (10) days of'notification will be removed.
Sec. VI - Minimum Standards for Mooring Equipment
1. The following are the minimum acceptable standards for mooring equipment and gear
used in Beverly waters. All vessels shall maintain these minimum standards while moored
in Beverly waters.
A. Mooring Block Weight
Length Mooring Area
of Vessel
B V R L Y
0 - 9 1.00 200 200 400 500
10 - 17 400 400 400 800 1000
18 - 26 1000 1000 1000 1500 1500
27 - 35 1500 2000 2000 3000 3000
36 - 45 3000 3500 3500 4000 4000
46 - 55 4000 5000 5000 X000 5000
56 + over Reviewed on an rlticlivldual basis
C. Chain Size - For All Mooring Arcas
Length of Vessel Bottom Top
0 - 9
10 - 17 3/8"
18 - 26
27 - 35 5/8" 3'V"
36 - 45 /4" 1 �"
46 - 55 3 4" l
56 +over ReVlcVcd on all Indl\ IdUaI basis
-D. Scope of Chain - Minimum Length For All Nlooriii(_, Alcan
-Beverly Massachusetts mooring regulations Page 6 of 6
a. Bottom Chain: Length = Deptll at charted mean love water plus five (5)
feet
b. Top Chain: Length = Depth at nican high water plus ten (10 feet)
E. Pennants -Minimum Length and Size For All Moorino Areas
a. A primary and secondary pennant is required on all boats.
b. All pennants shall have chaffing gear where pennant passes through chock. All
chocks should be compatible in size with line and have smoo
I
City of Monterey- Monterey Harbor East Anchorage/East Moorings Ordinance Pagel of 8
sem;.... ....
M Ont crey
.4PV!r.'§<.�f�ry�BEl
East Anchorage/East Moorings Ordinance
Article 5
• Definitions •
• Harbormaster •
• Mooring •
• Transient Berthing •
• Fees and Charges •
• Disposing of Refuse or Other Matter •
• Hazardous Conditions
Sec. 17-54. Definitions.
For the purposes of this Article, the following words and terms shall have the meanings
respectively ascribed to them by this section
(a) GENERAL. Words and phrases not specifically defined shall be subject to definition and
interpretation by the Harbormaster.
i )
(b) DINGHY A small boat propelled by oars, sails or motor which is capable of being carried
aboard the vessel and which does not exceed twelve (12)feet in length, provided, however,
upon prior written authorization from the Harbormaster or his designated representative, said
dinghy may be longer than said twelve (12) feet
(c) EAST ANCHORAGE The area bordered by the eastern edge of Monterey Harbor, with
the northern boundary extending due east to the City limit of the City of Monterey, and
including all water and submerged lands south to the mean high tide line The East
Anchorage shall include the East Mooring Area
(d) EAST MOORING AREA. That area within the east anchorage area generally beginning
150 feet east of Wharf II and extending east 1,000 feet which is further identified by the
presence of marked, City-owned mooring floats
(e) GRAY WATER Shower or sink water that does not have any sewage waste or polluted
bilge water within it
(f) LIVEABOARD A person shall be considered a liveaboard if he or she stays aboard more
than two days out of any seven, or if that person declares the vessel to be his/her place of
primary residency, or if that person attempts to have mail delivered to the Monterey Harbor
office on a regular basis
(g) MOORING. Fixing a floating vessel to the bottom in one location, temporarily or
permanently, by the use of cable, lines, chains, or other equipment which remains attached to
the bottom, while the vessel may otherwise be underway
(h) SEAWORTHY Seaworthy shall mean that the vessel's hull, keel, decking, cabin and mast
City of Monterey -Monterey Harbor East Anchorage/East Moorings Ordinance Page 2 of 8
are structurally sound and generally free from dry-rot.
(i) SEWAGE. Human body waste, either treated or untreated
0)TRANSIENT Interim use of berthing or mooring facilities, assigned by the Harbormaster,
by boaters who do not hold an East Mooring license with the City of Monterey
(k) TRANSIENT VESSEL As applied to mooring and anchoring, migratory - remaining for a
short and indefinite time-as between ports on a voyage-temporary and irregular As applied
to mooring and anchoring permits, a vessel applying to stay in Monterey Bay less than thirty-
one (31) days
hirty-
one (31) days
Return to top
Sec. 17-55. Harbormaster.
(a)The Harbormaster shall have full authority in the interpretation and enforcement of all rules
and regulations affecting the East Anchorage The Harbormaster's decision shall be final,
subject only to appeal to the Public Facilities Director, the City Manager, and the City Council,
as set forth below
1 Appeal to the Public Facilities Director Appeal of a disputed decision of the
Harbormaster must first be made to the Public Facilities Director Such appeal
must be presented in writing and be received by the Office of the Public
Facilities Director within 10 days of the date of the Harbormaster's decision The
Public Facilities Director shall respond to the appeal within 10 days of its receipt
2. Appeal to the City Manager Decisions of the Public Facilities Director may be
appealed to the City Manager Appeals must be presented in writing and
received by the Office of the City Manager within 10 days of the date of the
Public Facilities Director's decision The City Manager may, at his or her
discretion, conduct an informal hearing regarding the dispute and shall make a
determination regarding the appeal within 10 days of its receipt
3. Appeal to the City Council Decisions of the City Manager may be appealed
to the City Council. Appeals must be presented in writing and received by the
City Clerk within 10 days of the date of the City Manager's decision, along with a
fee for the filing of such appeal. The City Clerk shall set the matter for hearing
before the City Council within 45 days from the date of the filing of the appeal
and payment of fees, and shall give notice of the date, time, and place thereof to
the appellant at least ten days prior to the date of the hearing Said hearing date
may be continued by the appellant or by the City Council if further information is
required to facilitate a fair and adequate determination of the appeal
(b) Every vessel entering the East Anchorage shall immediately become subject to the
authority and direction of the Harbormaster The Harbormaster may direct where each vessel
may be anchored within the East Anchorage area
(c)The Harbormaster shall have the right to refuse entry into the East Anchorage of any
vessel which, in his opinion, is derelict, unseaworthy, of inappropriate size, not in compliance
with California Boating Law, or if it is detrimental to the safety of the vessel, its operator, or
other members of the public and their property
(d)The Harbormaster shall have authority to relocate any vessel from where it may be stored,
anchored, berthed or moored when such relocation is required to insure public safety or when
it is in the best interests of harbor operations due to boat damage, dock repair, for non-
payment of fees, or for the best allocation of the mooring area's space The Harbormaster
shall have authorization to charge for such services if the vessel owner cannot move the
vessel himself in a timely manner.
City of Monterey-Monterey Harbor East Anchorage/Last Moorings Ordinance Page 3 of 8
(e)The Harbormaster is authorized to execute on behalf of the City all license agreements, or
temporary mooring permits for mooring space within the East Mooring area, provided that all
agreements shall reflect the terms and conditions contained in this Article No more than one
(1) mooring permit shall be issued to any owner, master, operator or person in legal control
and custody of one (1)or more vessels
(f) In his absence, the Harbormaster may delegate his authority to other specified members of
the marina staff.
(g)The Monterey Police Department, or any duly appointed and acting peace officer shall
have full authority in the enforcement of all laws, ordinances and regulations affecting the use
of the East Anchorage and East Mooring areas including the power of arrest for the violation
of the provisions of said laws, ordinances, and regulations, and all orders and instructions
given by them in the performance of their duties shall have the same force as if issued by the
Harbormaster.
(h) It shall be unlawful to willfully fail to obey any sign, notice, signal, control device or buoy
placed or erected by authorization of the Harbormaster
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Sec. 17-56. Mooring.
(a) Mooring Assignment. No person shall moor a vessel in the East Mooring area without first
having secured a license agreement or temporary transient assignment from the
Harbormaster. Unauthorized mooring installation or occupancy is prohibited The
Harbormaster is authorized to move, secure and/or impound any vessel occupying an
unauthorized mooring, or mooring without a license agreement or transient permit All fees
involved in such action will be charged to the vessels owner
(b) Only one boat and its dinghy are allowed on a mooring at any one time A mooring permit
shall authorize the holder thereof to use the facilities for mooring purposes only and grants no
further rights, privileges or uses. Additional or varying uses shall not be allowed except as
provided in the ordinances and regulations for the anchorage area
(c) Mooring Issuance.
1. Waiting List. A chronological waiting list for mooring assignment will be
maintained and available for public inspection A non-refundable fee will
accompany the request to be placed on the waiting list An annual fee will be
required to remain on the list. The City Council will establish an appropriate fee
by resolution Each person on the waiting list will be billed annually according to
their initial application date on the waiting list Members of the waiting list shall
have the right to transfer their name from one mooring or slip size to another,
and will be placed on the new list in accordance with their original sign-up date
When a mooring becomes available for license in the East Mooring area, it will
be offered first to that person highest on the waiting list for that size mooring,
and if refused, in sequence to the person next on the list The person highest on
the waiting list will be offered any available mooring providing the vessel size
will not be more or less than allowed for the size of the mooring Acceptance of
a mooring must be indicated within ten days of notification by payment of fees
and execution of a license agreement
A mooring license may only be transferred to the new owner of the vessel to
which it pertains if no waiting list exists for the mooring size
2. Before a license agreement can be completed each vessel owner shall
furnish a Certificate of Documentation from the United States Coast Guard or
City of Monterey -Monterey Harbor East Anchorage/East Moortnos Ordinance Page 4 of 8
vessel registration from the Department of Motor Vehicle in the licensee's name
No vessel other than the one specified on the license agreement shall be kept
on the assigned mooring by the licensee, unless the license agreement is
amended as approved by the Harbormaster If a vessel is chartered or leased
by a mooring licensee, the vessel lease shall be exclusive to the mooring lessee
and a copy of the lease agreement shall be provided to the Harbormaster
3. The Harbormaster reserves the right at any time to inspect any vessel
moored, or requesting moorage, in the East Mooring area for proper safety,
sanitation, mechanical, or other devices or equipment as may be prescribed by
law The Harbormaster will give reasonable notice to the owner of any vessel of
such inspection authorized by the Harbormaster for the purpose of harbor
security.
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(d) Current addresses, etc. The license shall at all times keep the Harbormaster informed of
any change in current mailing address, telephone number, or change in title, ownership or
exchange of the vessel occupying a mooring in the East Mooring area
(e) Cancellation of license. The license agreement may be canceled by either party upon
thirty (30) days prior written notice, provided, however, that the City may terminate the license
upon three (3) days prior written notice where the (1) boat owner is in default of any berth
fees or other charges due and owing, or(2) is in violation of any provision of Monterey City
Code Section 17-25 through 17-47 as may be amended from time to time, or(3) it is
determined that the vessel owner has knowingly, and with intent to deceive, made any false,
misleading or fraudulent statements in obtaining the license If a license is canceled for good
cause, the licensee shall be entitled to a refund of any prepaid fees
(f) Maintenance and care of mooring Boat owners are responsible for their mooring lines and
chafe gear and for the safe and secure mooring of their vessels They are liable for damage
to their own vessel, and to other vessels, if caused by their reckless action Boat owners will
be billed for labor and materials to secure vessels which are improperly or inadequately
secured, or to repair mooring facilities which are damaged due to their negligence
(g) License Assignment. Assignment of mooring licenses is not permitted The City retains the
right to reassign moorings that are temporarily vacated A licensee shall notify the
Harbormaster of his/her intent to temporarily vacate the mooring
(h) Utilization. Moorings must be utilized by the licensee for at least five months out of every
12-month period, with the exception of any leaves of absence granted by the Harbormaster A
leave of absence may be granted when
1 There is a defined time period for the leave, and,
2 The owner's vessel will be located continuously outside of California, or, if the
owner is in a prolonged period of finding, constructing, securing, or delivering a
new boat to Monterey Marina. For new boat purchase or construction, the
Harbormaster may require evidence of this transaction With an approved leave
of absence, the mooring licensee will be liable for only 1/2 of the normal
mooring fees, beginning the fifth month
The interim use of a mooring by non-licensees is not permitted The City retains
the right to permit the use of moorings that are temporarily vacated The
licensee shall notify the Harbormaster when he/she plans on being away with
the vessel for more than 48 hours
(i) Tampering with or boarding vessels It shall be unlawful for any person to willfully inure,
City of Monterey - Monterey Harbor East Anchorage/East Moorinos Ordinance Page 5 of 8
break, remove or tamper with any part of any vessel in the anchorage, any waterway or
facility thereof, or to climb into or upon any vessel without the consent of the owner unless in
the performance of official duties or to protect life or property
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Sec. 17-57.Transient Berthing.
(a)All visitors wishing,mooring space in the East Mooring area shall check in with the
Harbormaster prior to being assigned a mooring
(b) No person shall anchor any vessel inside the mooring area or the Fairway Channel as
marked.
(c)The Harbormaster may direct vessels to anchor outside the small boat mooring area of the
harbor where it appears safe, given the conditions of vessel traffic, wave action and the
maneuvering capability of the vessel requesting anchorage
(d)Visiting vessels may stay at anchorage for up to thirty-one days in any six month period
where space is available.
(e)Visiting vessels may be assigned the temporary use of a mooring, upon payment of
transient fees, for up to 31 days, when space is available Extensions of time may be
approved by the Harbormaster
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Sec. 17-58. Fees and Charges.
(a) Rates Mooring fees and all other fees and charges pertaining to the East Moorings shall
be established by the City Council, by Resolution
(b)When Payable Charges for mooring fees on a license basis are due and payable in
advance and shall become delinquent thirty (30) days from the billing date Berthing fees on a ,
transient basis shall be immediately due and payable on assignment of a mooring and shall
become delinquent 24 hours after the mooring is assigned by the Harbormaster- Should a
transient vessel have to be billed, a billing surcharge will be added to the fee due Charges for,
services other than rental shall become payable ten (10) days after the date of issuance of a
bill by the Harbormaster and shall become delinquent thirty (30) days after such date
(c) Delinquent fees When mooring charges become ninety (90) days delinquent the license
shall be subject to cancellation,and the mooring returned to the City Thirty (30) day's notice
of the intent of the City to cancel the berth shall be provided when mooring charges become
sixty (60) days delinquent Any delinquency in mooring fees shall create a lien right on the
part of the City.
(d) Penalties Past due accounts shall pay a late fee as established'by resolution of the City
Council
(e) Impoundment/Lien Sale. No person shall remove or cause to be removed from the East
Anchorage/Mooring area any vessel upon which fees and charges are in arrears until charges
are paid in full or the vessel is released'by the Harbormaster The Harbormaster may take
any reasonable action necessary to prevent the removal of such a vessel including, but not
limited to, locking the ignition or securing the vessel to its mooring or to a marina berth by
means of chains, locks or other devices While in the impound of the City the vessel owner
may not board or use the vessel in any way, except as specially authorized by the
Harbormaster.
A The City shall have the right to remove or impound the vessel of any person
'City of Monterey- Monterey Harbor East Anchorage/East Moortn-s Ordinance Page 6 of 8
violating said rules and regulations or failing to pay required fees, at the sole
cost and expense of the owner
t
2. When charges for mooring rental, services or any other charges become
delinquent the City shall be empowered to sell-the vessel at public auction For
California registered vessels, the California Boaters Lien Law shall apply For
federally documented vessels, Federal Maritime Law shall apply
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Sec. 17-59. Disposing of Refuse or Other Matter.
(a) No person shall throw, discharge, deposit or leave any refuse, garbage„debris, bait,
sewage, contaminated bilge water, flammable liquid, or any other similar material upon or into
the waters of Monterey Bay, or in the Monterey Marina itself ,
(b) In the event of any waste discharge referenced above or in the event of an oil spill or other
petroleum products entering the waters of the Monterey Marina or the East Anchorage, the
Harbormaster and the U S. Coast Guard shall be immediately notified The Harbormaster is
authorized to contract for the cleanup of such.spills or discharges, the cost of which is to be
paid by the responsible person or vessel owner
(c) Disposal of used lubrication oils shall be made.only in designated areas There are several
such locations in the Marina area. Toxic waste of this or any type is not to be discharged
overboard, placed in trash containers, or left on the docks or wharves
Sec. 17-60. Hazardous Conditions.
(a) No owner, operator or person in command of any vessel shall operate or allow such
vessel to be operated within the East Anchorage area at a speed in excess of five miles per
hour, or in any reckless or negligent manner Vessel operators acknowledge that they are
responsible for any damage or injury produced by their creation of an excessive wake All
vessel operators must comply with California boating law, and operate their vessels in the
best prudent judgement of sailors
(b) Dinghies shall not be brought onto the beach, except in an emergency Dinghies shall use
assigned space next to Wharf II or inside Monterey Harbor
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Sec. 17-61. Inoperable Vessels.
(a)Vessels moored in the East Mooring area must be operable and maintained in a
seaworthy condition and be of a design suitable for operation on the open waters of Monterey
Bay in the typical range of sea conditions Dinghies serving moored vessels shall not be
required to be seaworthy or operable, as defined below, if they are used to access moored
vessels within the East Anchorage area
11
"Operable" means capable of safely maneuvering under its own power whether it be sail or
engine, from the mooring to the 40 fathom line of the open waters of the Monterey Bay and
back into its mooring. In cases where a vessel does not leave its mooring for a long period of
time and the question of operability arises, the Harbormaster may request a demonstration of
the vessel's operability At least thirty (30) days advance written notice must be given to the
vessel's owner for such a request. In cases where a vessel is found to be inoperable, the
owner shall have ninety (90) days to effect repairs If after ninety (90) days the boat is still
inoperable, the mooring will be forfeited to the City of Monterey This section is not intended
to apply to any brief period of repair common to most vessels The Harbormaster may repeat
his,request to test operability as needed
City of Monterey- Monterey Harbor East Anchorage/Fast Moorings Ordinance Page 7 of 8
If a dispute over the seaworthiness of a vessel arises, the opinion of a qualified independent
marine surveyor may be obtained at the owner's expense When the determination is made
that a vessel is unseaworthy, 120 days shall be granted to repair the vessel If after this
period of time the vessel is not seaworthy, the mooring of said vessel shall be forfeited to the
City of Monterey In cases where determination of operability, design and/or seaworthiness is
in dispute, the Harbormaster's decision will be final
(b)Any vessel of any nature moored, secured or in any manner placed within the confines of
the East Anchorage Area, whether ashore or in the water for an excess of 72 hours without
first obtaining a license, permit or required permission therefore, shall be considered to have
been abandoned
(c)Any vessel of any nature abandoned within the confines of the East Anchbrage Area,
whether registered with the California Department of Motor Vehicles, documented, or not
marked or registered in any apparent manner, shall be placed in storage or protective custody
by the Harbormaster at a daily storage rate to be set by resolution by the Monterey City
Council and shall thereafter be subject to sale under the provisions of either Sections 500
through 505 or Section 522 of the Harbors and Navigation Code of the State of California as
is appropriate for the circumstances.
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Sec. 17-62. Living Aboard.
It shall be unlawful to live aboard a vessel, except for transient vessels, using a mooring in the
East Mooring Area.
Sec. 17-63. Non-Liability of City.
The owner of a vessel must assume all liability for loss or damage to his property of every
kind arising from the use of the East Anchorage area Removal of any unauthorized vessel by
the Harbormaster due to the vessel being in an unsafe or dangerous condition shall be
without liability to the City of Monterey The owner of such a vessel shall be liable for the
costs of removal or securing of the vessel The City assumes no risk on account of fire, theft,
storm, wind, acts of God, or damage of any nature from any cause whatever, to boats or other
property.
Sec. 17-64. Accident Reports Required.
In addition to any reporting requirements of state or federal governments, any person involved
in any activity which causes damage to any other person, boat, property, or the marina
facilities shall make a report of such incident within 12 hours to the Harbormaster All
information shall be provided that is deemed necessary by the Harbormaster
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Sec. 17-65. Vessel Maintenance.
(a)Vessel maintenance work shall be limited to that ordinarily required to keep the vessel
seaworthy and in good condition Minor repairs to and routine maintenance of a vessel may
be made or accomplished on the assigned mooring space, provided all work is done within
the confines of the vessel and no materials are carried on in any manner whatsoever upon or
into the water
(b) Spray painting is strictly prohibited, except for airbrush painting required for boat
numbering or names
(c) Mayor repairs which include, but are not limited to, construction, repair, or replacement of
structural members or portions of the vessel or repairs to the engine, gears, driveshaft,
propeller, or other propulsion system, or scraping or sanding of paint are prohibited, except by
'City of Monterey- Monterey Harbor East Anchorage/last Moorings Ordinance Page 8 of 8
advance request and permit from the Harbormaster The criteria used for granting such a
permit shall be largely based on the ability of all materials used by or produced from the
it, project to be completely contained in or on the vessel
Sec. 17-66. Failure to Comply.
Compliance with the rules and regulations of the Marina and East Anchorage/Mooring area is
the responsibility of vessel owners, their guests and visitors Violation of any provision of
these rules and regulations shall be considered a misdemeanor pursuant to Monterey City
Code Section 1-7 and shall subject the violator to eviction from the East Anchorage/Mooring
area, and/or revocation of the license agreement"
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City of Monterey- Monterey Harbor Mooring of Vessels in the Harbor Ordinance Page 1 of 15
Mooring of Vessels in the Harbor Ordinance
Article 4
• Definitions •
• Harbormaster •
• Mooring •
• Mooring Issuance •
• Individual Mooring Licenses •
• Temporary multiple mooring licenses •
• Rights and limitations of mooring use •
• Current Address •
• Cancellation of licenses •
• Maintenance and care of mooring •
• S3 •
• Utilization •
• Tampering with or boarding vessels •
Sec. 17-48. DEFINITIONS
For the purposes of this Article, the following words and terms shall have the meanings
respectively ascribed to them by this section
(a) GENERAL. Words and phrases not specifically defined shall be subject to definition and
interpretation by the Harbormaster.
(b) BLOCK A devise of any construction that is used to secure mooring gear, and a vessel, to
the bottom of the harbor
(c) CHAIN SCOPE. The length of chain, wire rope, or line, which Is used between the block
and the surface of the water, as calculated at mean low lower water(MLL"
(d) DINGHY A small boat propelled by oars, sails or motor which Is capable of being carried
aboard the vessel and which does not exceed twelve (12) feet In length, provided, however,
upon prior written authorization from the Harbormaster or his designated representative, said
dinghy may be longer than said twelve (12) feet
(e) GRAY WATER. Shower or sink water that does not have any sewage waste or polluted
bilge water within it
(f) HARBOR. Synonymous with "Outer Harbor" as defined below
(g) MOORING. The act of fixing a floating vessel to the bottom In one location, temporarily or
permanently, by the use of cable, lines, chains, or other equipment which remains attached to
City of Monterey - Monterey Harbor Mooring of Vessels in the I-larbor Ordinance Page 2 of 15
the bottom, while the vessel may otherwise be underway Also used as a noun, the place
where a moored vessel is kept.
(h) MOORING GEAR. Devises used to secure the block to the vessel, usually consisting of
chain, wire rope, line, a floating buoy, swivels, clamps, shackles, and chafe gear
(i) MOORING PENDANT The line, cable or chain that connects the mooring buoy with the
vessel.
0) OUTER HARBOR The portion of Monterey Bay between the breakwater and Municipal
Wharf No 2, and within a straight line projected from a point 300 feet due east from the
outermost point of the breakwater to the outermost point of Municipal Wharf No 2, excluding
Monterey Municipal Marina and areas leased to concessionaires of the City
(k) SEWAGE. Human body waste, either treated or untreated
(1) SUBLICENSE. The interim use of a licensee's mooring, as approved by the Harbormaster
(m) SWING. The maximum radius of a circle that a vessel may occupy from the mooring block
to the stern of the vessel, calculated at MLLW plus two (2) feet
(n)TRANSIENT VESSEL As applied to mooring, migratory - remaining for a short and
indefinite time-as between ports on a voyage -temporary and irregular As applied to mooring
permits, a vessel applying to stay in Monterey Harbor less than thirty-one (31) days by special
permit issued by the Harbormaster.
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Sec. 17-49. HARBORMASTER
(a). Authority
The Harbormaster shall have full authority in the interpretation and enforcement of all rules and
regulations affecting the Harbor. The Harbormaster's decision shall be subject only to appeal
to the Public Facilities Director, the City Manager, and the City Council, as set forth below
1. Appeal to the Public Facilities Director. Appeal of a disputed decision of the
Harbormaster must first be made to the Public Facilities Director Such appeal
must be presented in writing and be received by the Office of the Public Facilities
Director within 10 days of the date of the Harbormaster's decision The Public
Facilities Director shall review the written appeal, and discuss the appeal with the
Harbormaster and the appellant and respond to the appeal within 10 days of the
receipt of the written appeal
2 Appeal to the City Manager Decisions of the Public Facilities Director may be
appealed to the City Manager Appeals must be presented in writing and
received by the Office of the City Manager within 10 days of the date of the
Public Facilities Director's decision The City Manager may, at his or her
discretion, conduct an informal hearing regarding the dispute and shall make a
determination regarding the appeal within 10 days of its mailing
3 Appeal to the City Council Decisions of the City Manager may be appealed to
the City Council Appeals must be presented in writing and received by the City
Clerk within 10 days of the date of the City Manager's decision, along with a fee
for the filing of such appeal The City Clerk shall set the matter for hearing before
the City Council within 45 days from the date of the filing of the appeal and
payment of fees, and shall give notice of the date, time, and place thereof to the
appellant at least ten days prior to the date of the hearing Said hearing date may
be continued by the appellant or by the City Council if further information is
City of Monterey- Monterey Harbor Mooring oh Vessels in the I larbor Ordinance Page 3 of 15
required to facilitate a fair and adequate determination of the appeal The
decision of the City Council shall be final
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(b). Direct Where to Moor
Every vessel entering the Harbor shall immediately become subject to the authority and
direction of the Harbormaster. The Harbormaster may direct where each vessel may be
moored within the Harbor area
(c) Vessel Entry Refused
The Harbormaster shall have the right to refuse entry into the Harbor, or order the removal, of
any vessel which, in his opinion, is derelict, unseaworthy, of inappropriate size, not in
compliance with California Boating Law, or if it is detrimental to the safety of the vessel, its
operator, or other members of the public and their property
(d) Vessel Relocation
The Harbormaster shall have authority to relocate any vessel from where it may be stored,
anchored, berthed or moored when such relocation is required to insure public safety or when
it is in the best interests of harbor operations due to boat damage, dock repair, for non-
payment of fees, or for the best allocation of the mooring area's space The Harbormaster shall
have authorization to charge for such services if the vessel owner cannot move the vessel
himself in a timely manner; however, if mooring gear legally placed is relocated at the request
of the City, the City shall pay for the relocation
(e). Execute License Agreement
The Harbormaster is authorized to execute on behalf of the City all license agreements, or
temporary mooring permits for mooring space within the Harbor, provided that all agreements
shall reflect the terms and conditions contained in this Article No more than one (1) mooring
permit shall be issued to any owner, master, operator or person in legal control and custody of
one or more vessels, except as further allowed below
(f) Delegation of Authority
In his absence, the Harbormaster may delegate his authority to other specified members of the
marina staff
(g) Other Law Enforcement Authority
The Monterey Police Department, or any duly appointed and acting peace officer shall have
full authority in the enforcement of all laws, ordinances and regulations affecting the use of the
Harbor Mooring area including the power of arrest for the violation of the provisions of said
laws, ordinances, and regulations, and all orders and instructions given by them in the
performance of their duties shall have the same force as if issued by the Harbormaster
(h). Obedience to Signs
It shall be unlawful to willfully fail to obey any sign, notice, signal, control device or buoy placed
or erected by authorization of the Harbormaster If any such device is damaged by a vessel,
either moored or while underway, the owner of the vessel shall be responsible for the cost of
repairs or replacement
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Sec. 17-50. MOORING
i
City of Monterey-Monterey Harbor Mooring of'Vessels in the I(arbor Ordinance Page 4 of 15
Mooring Assignment. No person shall moor a vessel in the Monterey Harbor without first
having secured a license agreement or sublicense permit from the Harbormaster
Unauthorized mooring occupancy is prohibited The Harbormaster is authorized to move,
secure, impound or cite under the authority of this section, any vessel occupying a mooring
without first obtaining the required license agreement or sub-lease permit All fees involved in
such action will be charged to the vessel's owner
Section 17-50.1 MOORING ISSUANCE
The Harbormaster shall maintain a chronological waiting list of persons wishing to obtain
harbor mooring licenses. A non-refundable fee, established by resolution of the City Council,
will accompany the request to be placed on the waiting list An annual fee will be required to
remain on the list. Each person on the waiting list will be billed annually according to their initial
application date on the waiting list. Members of the waiting list shall have the right to transfer
their name from one mooring size to another, and will be placed on the new list in accordance
with their original sign-up date. Waiting list applications are not transferable
(a). Waiting List-Recreational Boaters
A chronological waiting list for mooring assignment for recreational vessels will be maintained
as a subset of this list
(b). Waiting List-Commercial Boaters
A separate subset of the waiting list will be maintained for individuals who are California-
resident commercial fishers, and/or the owners of passenger-for-hire and/or tow vessels This
list will also be organized chronologically and by the size of mooring needed Individuals on the
commercial list shall always have priority in mooring issuance over individuals on the
recreational list, provided that commercial fishers verify to the Harbormaster at least an
amount of fish catch, in dollars, for each year of operation, as specified in the commercial
vessel quota as set by resolution by the City Council For passenger for hire and tow vessels,
these operations must possess a City business license, general liability insurance in an
amount specified by the City, naming the City as additionally insured, and maintain yearly
gross sales in an amount as specified in the commercial vessel quota as set by resolution by
the City Council Should a commercial boater, who has obtained a mooring ahead of a
recreational boater from the waiting list, fail to maintain the minimum gross income required,
the mooring license will be surrendered to the City for reassignment
When a mooring license becomes available in the Monterey Harbor, it will be offered first to
that person highest on the waiting list for that size mooring, and if refused, in sequence to the
person next on the list. The person highest on the waiting list will be offered any available
mooring license providing the vessel size will not be more or less than allowed for the size of
the mooring Acceptance of a mooring license must be indicated within twenty days of
notification by payment of fees and execution of a mooring licensing agreement
(c). Proof of Ownership
Before a license agreement can be completed, each vessel owner shall furnish a Certificate of
Documentation from the United States Coast Guard or vessel registration from the Department
of Motor Vehicles in the licensee's name, if documentation or registration is required by law
Except for City-authorized sublease use of a mooring, no vessel other than the one specified
on the license agreement shall be kept on the assigned mooring by the licensee, unless the
license agreement is amended as approved by the Harbormaster If a vessel is rented,
chartered, or leased by a mooring licensee, the vessel use shall be exclusive to the mooring
licensee and a copy of the rental, lease charter or agreement shall be provided to the
Harbormaster.
Section 17-50.2 INDIVIDUAL MOORING LICENSES
City of Monterey-Monterey Harbor Mooring of Vessels in the I larbor Ordinance Page 5 of 15
A license for mooring in the Monterey Harbor may only be issued in the name of an individual
or a group of up to four individuals For mooring license agreements entered into after June 1,
1998, if a vessel is owned by a corporation, the mayor individual shareholder shall be a named
licensee under the mooring license If a vessel is owned by a partnership or point venture, the
members shall designate up to four of such individual members to be named as mooring
licensees, except as provided in
(b)1 below
(a) General For the purchase of any interest in an existing vessel utilizing the mooring with a
mooring license agreement.
1. Disposition of Mooring. If the original mooring licensee no longer
wishes to utilize the mooring for a vessel of his own pursuant to
Section 17-50 2(g) herein, the mooring license shall revert to the
City for reassignment. The original mooring licensee shall be
responsible for the removal of any privately-owned mooring
hardware within seven (7) days of the termination of the license
agreement If the mooring gear is not removed, the City shall
authorize its removal and bill the former mooring licensee for the
cost.
2. Sale of Vessel, Waiting List If a moored vessel is purchased, the
purchaser may apply to the Harbormaster for a mooring license
which will fit the vessel and conform to the City Code section which
regulates vessel sizes for a mooring If the vessel purchaser does
not wish to obtain a mooring license in the harbor, the
Harbormaster shall assign the mooring license to the next person
on the waiting list
3. Sale of Vessel; Circumstances of Mooring Assignment If the
purchaser of a moored vessel does wish to moor the vessel in the
harbor, a suitable mooring license will be provided and the vessel
purchaser will be charged the mooring assignment rate, as set by
City Council resolution, until such time as the new vessel owner is
offered a mooring license from the waiting list For the City to
provide a mooring license, the purchased vessel must be
seaworthy and operable to the standard defined in City Code
section 17-50 11 below, and must have occupied the mooring for at
least one year prior to the sale of the vessel
4. Sale of Vessel, Required Use For a mooring to be provided to a
vessel purchaser, the vessel purchased must remain on the
mooring provided by the Harbormaster for at least twelve months
out of a two-year period following mooring assignment to continue
the mooring license agreement Exceptions will be made to this
provision if the vessel departs on an extended voyage, provided it
is still owned and operated by the mooring licensee upon its return
to Monterey Harbor, or if the vessel is damaged to the extent it is
no longer feasible to remain in the harbor
5 Commercial Fishing; Definition, Exemptions If a vessel
occupying a mooring under the terms of a mooring license
agreement is purchased by a-person who will use the mooring for
commercial fishing operations, such purchase shall be exempt from
subsections 3. and 4 above, provided that, for each year after the
vessel purchase, the commercial vessel quota, as set by City
Council resolution, can be attributed to the vessel using the
mooring. For commercial fishing vessels this amount shall be
based on California Department of Fish and Game landing receipts
or if it is a"light boat', by the larger vessel it supports For
City of Monterey- Monterey Harbor Mooring of Vessels in the I [arbor Ordinance Page 6 of 15
passenger-for-hire and tow vessels this amount is based on yearly
gross sales as reported to the City of Monterey if the commercial
vessel quota is not verified as requested by the Harbormaster,
provision 3)will go into effect.
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(b). Vessel Partnerships
1. Partnership Entered Into After Adoption of Ordinance For vessel
partnerships(entered into after adoption of this ordinance)with a
licensee who obtained a mooring prior to ordinance adoption, a
written partnership agreement shall be provided with a new DMV
registration or Coast Guard document showing all owners' names,
the mooring assignment rate will apply, except for vessels as
defined in 1.7-50 2(a)5 above, and new vessel partners will not be
added to the mooring license agreement If a mooring license
agreement is held by multiple persons, no one shall be dropped as
a licensee without a signed written request to do so by the person
to be dropped. The City's legal relationship remains solely with the
original mooring licensee
2. Partnerships in Vessels New to the Mooring For vessel
partnerships in a vessel which has not previously occupied the
licensee's harbor mooring for at least one year prior to the
formation of the partnership, the original licensee partner(s) under
section 17-50.2 shall demonstrate at least a 51% financial interest
in the new vessel, contribute a commensurate share to the
continuing expenses of the vessel, and personally use the vessel
for•travel out of the Harbor a minimum of ten times over three
separate months of any continuous twelve-month period The
licensee's financial interest may not be gifted from the non-licensee
boat partners The Harbormaster shall have the right to review the
financial records of the vessel and request confirmation of personal
use in order to confirm satisfactory compliance with the
requirements here
3. Mooring Location for Partnership Vessels The Harbormaster
shall have the right to assign the vessel to a different mooring if, in
his opinion, it is in the overall best interest of space management of
the harbor
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(c). Confirmation of Ownership
If it appears that an ownership interest in a vessel has changed, and/or if said vessel's mooring
license has been reassigned without the approval of the Harbormaster, the Harbormaster may
require substantiation of a licensee's maintenance of the requisite ownership interest in a
vessel Said proof may be in the form of records reflecting payment of expenses, insurance,
interest payments on loans secured by the vessel, and personal property taxes paid on the
vessel. All personal financial information submitted to the Harbormaster will be used only for
the purpose of enforcing this section and shall otherwise be kept confidential Failure of the
licensee to demonstrate maintenance of the requisite ownership interest in the vessel may
result in revocation of the mooring license
In the event the Harbormaster determines that the documentation submitted pursuant to the
foregoing paragraph does not conclusively establish whether a change in vessel ownership
'has occurred, in lieu of immediate revocation of the mooring license, the Harbormaster may
City of,Monterey- Monterey Harbor Mooring of Vessels in the I larbor Ordinance Page 7 of 15
require licensee to establish the licensee's own personal continued use of the vessel on a
regular basis. Personal continued use may be conclusively established if licensee personally
uses the vessel for travel outside the Harbor a minimum of ten times over three months out of
any twelve-month period In the event the Harbormaster determines that a licensee has failed
to personally use the vessel on a regular basis as set forth in this paragraph, the mooring
license shall be subject to revocation
(d). Mooring Location Upon License Assignment
When the Harbormaster approves a new mooring license for the owner(s) of a purchased
vessel, the mooring that is provided to the new.purchaser shall suit the vessel, but may not
necessarily be the same mooring as held by the former mooring licensee
(e) Assignment of Vessel to Family Member
If a vessel occupying a mooring under a mooring license agreement is given, bequeathed, or
otherwise assigned without consideration of any kind,to an immediate family member of the
mooring license holder, such assignment shall not be subject to the provision of Section 17-
50.2(a)1-4 herein, provided that the mooring is used only for the given or bequeathed vessel
"Immediate family member" shall be defined as a spouse, former spouse, grandparent,
grandchild, parent, child, adopted child, brother, or sister, all of these including in-law and step
relationships.
(f). Retention of Mooring; Trades. ,
The licensee of a mooring may, upon prior written approval of the Harbormaster, retain
mooring license rights and be subject to the regular monthly mooring rate for use by another
vessel owned by licensee, provided the vessel size conforms with the size of the mooring and
adequate proof of sole ownership is submitted to the Harbormaster Two mooring licensees
may also trade moorings of the same or differing sizes without invoking the rate increase
described in (a)3 above, unless one or both of them are already paying the mooring
assignment rate, in which case that rate will apply to the newly obtained mooring
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(g) Only One Mooring or Marina Berth License Per Person,Effective June 1, 1998, a mooring
licensee may possess only one mooring or municipal marina berth license agreement, except
1 Licenses Held Prior to Adoption of This Ordinance Multiple mooring or
marina berth license agreements held by persons prior to adoption of this
ordinance
2) Commercial fishers Commercial fishers who acquire multiple mooring
license agreements to be used exclusively for commercial fishing
operations, and as per the requirements of Section (a)5 above
3) Concessionaires Concessionaires of the City who may acquire multiple
mooring licenses within the terms of their lease with the City
Section 17-50.3 TEMPORARY MULTIPLE MOORING LICENSES
A mooring licensee may acquire a second vessel on a second mooring without invoking the
rate increase described.in 17-50 2(a)3, or being subject to (g) above, provided the original
mooring is released to the waiting list within six (6) months of acquiring the second vessel
Section 17-50.4 RIGHTS AND LIMITATIONS OF MOORING USE
Except for dinghies, only one'boat is allowed on a mooring at any one time A mooring permit
shall authorize the holder thereof to use the facilities for mooring purposes only and grants no
further rights, privileges or uses Additional or varying uses shall not be allowed except as
City of Monterey - Monterey Harbor Mooring of'Vessels in the I larbor Ordinance Page 8 of 15
provided in the ordinances or with the written permission of the Harbormaster
Section 17-50.5 CURRENT ADDRESSES
The licensee shall at all times keep the Harbormaster informed of any change in current
mailing address, telephone number, or change in title, ownership or exchange of the vessel
occupying a mooring in the Harbor area.
Section 17-50.6 CANCELLATION OF LICENSE
The license agreement may be canceled by either party upon thirty (30) days prior written
notice. If a license is canceled, the licensee shall be entitled to a refund of any prepaid fees
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Section 17-50.7 MAINTENANCE AND CARE OF MOORING
Mooring licensees are responsible'for their mooring gear and for the safe and secure mooring
of their vessel(s) except as provided in Section 17-50 9(g) They are liable for damage to their
own vessel and to other vessels, if caused by their reckless action, inattention, or other failure
to maintain their gear. Boat owners will be billed for labor and materials to secure vessels
which are improperly or inadequately secured, or to repair mooring facilities which are
damaged due to their negligence
(a). Number display.
Mooring licensees are required to display at all times, their assigned mooring number on two
(2) opposite sides of the mooring buoy in easily visible letters at least four(4) inches high
(b). Gear Inspection.
It shall be the responsibility of the mooring licensee to have all of the mooring gear inspected
by someone competent to assess its condition at least on an annual basis The results of the
inspection shall be provided to the Harbor Office
(c) Failure to provide Gear Inspection
Failure to provide the annual gear inspection or to properly maintain mooring gear shall be
considered a serious violation of this ordinance and may be grounds for the cancellation of the
mooring license.
Section 17-50.8 SWING
The Harbormaster shall have the authority to set the maximum swing for each mooring to
reduce the likelihood of vessels striking each other
Section 17-50.9 UTILIZATION
No mooring licensee may sub-lease, sub-rent, or sub-license his mooring to another person or
entity except through the Harbormaster's Office and according to standard procedure set forth
The use of a mooring by any boat other than the licensee's must be approved by the
Harbormaster, and must be reported promptly to the Harbor Office
(a). Other Person's Use
Use of a licensee's vessel by any person other than the licensee, in the form of a charter,
rental agreement, lease or any other arrangement, whereby some person other than the
mooring licensee is.afforded the use of the licensee's vessel and mooring, shall constitute a
sub-license of the mooring and shall be subject to the provisions of this section The details of
City of Monterey -Monterey Harbor Mooring of Vessels in the I larbor Ordinance Page 9 of 15
such an agreement shall be notarized and filed at the Harbor Office
(b). Live-aboard Limitation
Rented, chartered, or leased vessels may not be used as a live-aboard dwelling, except by
special permit from the Harbormaster
(c). Minimum Vessel length and Mooring Use
Mooring licensees must occupy their moorings with a vessel they own of at least sixteen feet
(16')in length that is either California-registered or Federally Documented for a minimum of six
months out of any twelve month period, except as described below
(d). Sub-license Permits
Sub-license permits may be granted for a maximum of six months in any twelve-month period,
except extensions of time beyond six months as expressly permitted by the Harbormaster for
such reasons as extended cruising, out of area commercial fishing, extended boat repairs,
boat building or purchase efforts, or for other commercial uses as approved by the
Harbormaster. For sub-licenses of a duration of six months or less out of any twelve month
period, the mooring licensee may select anyone of his/her choosing to sublet the mooring
provided the vessel fits within the allotted space The financial obligation for the mooring shall
remain with the regular licensee. Reimbursement by the sub-licensee to the licensee will be
the responsibility of the two contracting parties The sub-license rate, however, shall not
exceed the standard fee schedule currently used by the City of Monterey, as adopted by
resolution by the City Council, plus a reasonable amount for the maintenance of the mooring
equipment.
(e) Sub-license Time Extensions
If the Harbormaster approves additional time beyond the six month limit, the Harbormaster
shall have the right to provide the sublicense opportunity to individuals who have senior status
on the City's mooring waiting list. No right to continuing occupancy of a mooring in the harbor
or to higher waiting list priority shall result from such use In circumstances where the
Harbormaster approves a time extension, and places an individual from the waiting list on the
mooring, the City shall be responsible for the collection of mooring fees and for the
maintenance of the mooring during such use
(f) Sub-license Agreement
Sub-license permits will be issued by the Harbormaster on the basis of a joint agreement
executed at the Harbor Office between regular licensee and sub-license
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(g). Mooring Gear Maintenance During Sub-licensing
The responsibility to maintain safe and secure mooring gear, except for the mooring pendant,
shall remain the licensee's, except as mutually agreed upon by the two contracting parties, or
as conditioned above
(h). Mooring Pendant
The responsibility to maintain a safe and secure mooring pendant shall be the boat owners
Section 17-50.10 TAMPERING WITH OR BOARDING VESSELS
It shall be unlawful for any person to willfully injure, break, remove or tamper with any part of
any vessel in the Harbor, any part of the mooring gear, any waterway or facility thereof, or to
climb into or upon any vessel without the consent of the owner unless in the performance of
official duties or to protect life or property
City of Monterey - Monterey Harbor Mooring oh Vessels in the I larbor Ordinance Page 10 of 15
Section 17-50.11 OPERABLE AND SEAWORTHY VESSELS
Vessels moored in the Outer Harbor must be operable and maintained in a seaworthy
condition and be of a design suitable for operation on the open waters of Monterey Bay in the
typical range of sea conditions. Dinghies serving moored vessels shall not be required to be
seaworthy or operable, as defined below, if they are used to access moored vessels within the
Outer Harbor.
(a). Operable Vessels
"Operable" means capable of safely maneuvering under its own power whether it be sail or
engine, from the mooring to the 40 fathom line of the open waters of the Monterey Bay and
back onto its mooring In cases where a vessel does not leave its mooring for a long period of
time and the question of operability arises, the Harbormaster may request a demonstration of
the vessel's operability At least thirty (30) days advance written notice must be given to the
vessel's owner for such a request. In cases where a vessel is found to be inoperable, the
owner shall have ninety (90) days to effect repairs If after ninety (90) days the boat is still
inoperable, the mooring will be forfeited to the City of Monterey This section is not intended to
apply to any brief period of repair common to most vessels The Harbormaster may repeat his
request to test operability as needed.
(b). Seaworthy Vessels
"Seaworthy" shall mean that the vessel's hull, keel, decking, cabin and mast are structurally
sound and generally free from dry-rot If a dispute over the seaworthiness of a vessel arises,
the opinion of a qualified independent marine surveyor may be obtained at the owner's
expense. When the determination is made that a vessel is unseaworthy, 120 days shall be
granted to repair the vessel. If after this period of time the vessel is not seaworthy, the mooring
of said vessel shall be forfeited to the City of Monterey In cases where determination of
operability, design and/or seaworthiness is in dispute, the Harbormaster's decision will be final
(c). Other Craft
Barges, if maintained and regularly used in support of Naval or Cruise industry visits or other
commercial uses authorized by the City, and live-bait tanks and mariculture pens which are
actively engaged in business, shall be exempted from this section governing "inoperable
vessels" It is not the intention of this exemption to allow for long-term storage of unused
marine hardware
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Section 17-50.12 ANCHORING
No person shall anchor any vessel inside the mooring area No person shall allow his moored
vessel to obstruct the Harbor's marked navigation channels If a vessel does block a channel,
it and/or its mooring gear may be moved by the Harbormaster at the licensee's expense, and,
the vessel owner or mooring licensee may be cited for violation of this section
Section 17-50.13 MAXIMUM VESSEL SIZE
The Harbormaster shall keep a record of the maximum-sized vessel, measuring all permanent
structures, allowed for each mooring location Vessels larger than the maximum allowed will
not be permitted, except by advance written permission from the Harbormaster, or, as
relocated by the Harbormaster.
Section 17-50.14 BLOCKS
The Harbormaster shall have the authority to require the use of a city owned and maintained
block
City of Monterey- Monterey Harbor Mooring of Vessels in the I-larbor Ordinance Page 11 of 15
Section 17-51 FEES AND CHARGES
Mooring fees and all other fees and charges pertaining to the Harbor shall be established by
the City Council, by Resolution
(a). When Payable
Charges for mooring fees on a license basis are due and'payable in advance and shall
become delinquent twenty-five (25) days from the billing date Charges for services or other
materials than mooring shall become payable ten (10) days after the date of issuance of a bill
by the Harbormaster-and shall become delinquent thirty (30) days after such date
(b). Delinquent fees
When mooring charges become ninety (90) days delinquent the license shall be subject to
cancellation and the mooring returned to the City Thirty (30) day's notice of the intent of the
City to cancel shall be provided when mooring charges become sixty (60) days delinquent Any
delinquency in mooring fees shall create a lien right on the part of the City
(c). Penalties
Past due accounts shall have a late charge of 2% per month added to the previous balance
(d). Impoundment/Lien Sale
No person shall remove or cause to be removed from the Harbor Mooring area any vessel
upon which fees and charges are in arrears until charges are paid in full or the vessel is
released by the Harbormaster The Harbormaster may take any reasonable action necessary
to prevent the removal of such a vessel including, but not limited to, locking the ignition or
securing the vessel to its mooring or to a marina berth by means of chains, locks or other
devices. While in the impound of the City the vessel owner may not board or use the vessel in
any way, except as specially authorized by the Harbormaster
1 Impoundment Costs The City shall have the right to remove or
impound the vessel of any person violating said rules and regulations
including the abandonment of the vessel, or failing to pay required fees, at
the sole cost and expense of the owner
2 Lien-sale Procedure When charges for mooring rental, services or any
other charges become delinquent the City shall be empowered to sell the
vessel at public auction Vessel owner shall be notified, by first class mail
and by posting the vessel at least 20 days in advance, of the date, time,
and location of the lien sale A public notice shall be published in a
newspaper of sufficient readership, on at least three separate days at
least one week prior to the sale, which announces the details of the sale
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Section 17-51.1. DISPOSING OF REFUSE OR OTHER MATTER
No person shall throw, discharge, deposit or leave any refuse, garbage, debris, bait, sewage,
contaminated bilge water, flammable liquid, or any other similar material upon or into-the
waters of Monterey Harbor
(a) Notification; costs
In the event of any.waste discharge referenced above or in the event of an oil spill or other
petroleum products entering the waters of Monterey Harbor, the Harbormaster and the U S
Coast,Guard shall be immediately notified The Harbormaster is authorized to contract for the
City of Monterey- Monterey Harbor Mooring of Vessels in the I larbor Ordinance Page 12 of 15
cleanup of such spills or discharges, the cost of which is to be paid by the responsible person
or vessel owner.
(b). Disposal
Disposal of used lubrication oils shall be made only in designated areas Other types of toxic
waste are not to be discharged overboard, placed in trash containers, or left on the docks or
wharves
Section 17-51.2 DINGHY DOCKS
The City Council shall set, by resolution, fees for the storage of dinghies Only mooring
licensees or authorized sub-licensees shall be eligible for permits to store dinghies in Monterey
Harbor for dinghies they own and use to reach their moored vessels
(a). Dinghy Permits
The berthing of dinghies or other vessels on the City owned and operated docks, shall be by
permit only as issued by the Harbormaster Transient vessels anchoring outside of the Harbor
may use the northern dock found on Wharf I for short-term dinghy storage, such usage shall
be reported promptly to the Harbormaster
(b). Comply with California Boating Law
Dinghies must comply with California Boating Law for registration and safety equipment
(c). Cancellation of Permit
Ten (10) days prior written notice must be given to terminate any dinghy storage fees Charges
for dinghy storage will be due and payable until such notice is received
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Section 17-51.3 VESSEL MAINTENANCE
Vessel maintenance work shall be limited to that ordinarily required to keep the vessel
seaworthy and in good condition Minor repairs to and routine maintenance of a vessel may be
made or accomplished on the assigned mooring space, provided all work is done within the
confines of the vessel and no materials are carried in any manner whatsoever upon or into the
water.
(a). Painting Prohibited
Spray painting is strictly prohibited, except for airbrush painting required for boat numbering or
names
(b) Mayor Repairs
Major repairs which include, but are not limited to, construction, repair, or replacement of
structural members or portions of the vessel or repairs to the engine, gears, driveshaft,
propeller, or other propulsion system, or scraping or sanding of paint are prohibited, except by
advance request and permit from the Harbormaster The criteria used for granting such a
permit shall be largely based on the ability of all materials used by or produced from the project
to be completely contained in or on the vessel
Section 17-52 HAZARDOUS CONDITIONS
No owner, operator or person in command of any vessel shall operate or allow such vessel to
be operated within the Harbor area at a speed in excess of five miles per hour in the marked
navigation channels, or three miles per hour elsewhere, or in any reckless or negligent
City of Monterey- Monterey Harbor Mooring o('Vessels in the I larbor Ordinance Page 13 of 15
manner. Vessel operators acknowledge that they are responsible for any damage or injury
produced by their creation of an excessive wake All vessel operators must comply with
California boating law, and operate their vessels in the best prudent judgement of sailors
(a). Swimming and Diving
Except for boat or mooring gear maintenance conducted in the area immediately adjacent to
the licensee's moored vessel, and except by special permit issued by the Harbormaster, all
swimming and diving within the Harbor, including under Wharf I and Wharf 2, shall be
prohibited.
(b) Inadequate Mooring Gear
If, in the opinion of the Harbormaster, a mooring licensee is using gear that is not of sufficient
strength to safely secure the vessel, and even if the gear is in good condition, the
Harbormaster shall have the authority to require the licensee to supply stronger gear suitable
for the size of the vessel If the mooring licensee does not supply stronger gear in a timely
manner, the Harbormaster shall have the authority to provide and install storage gear, billing
the mooring licensee for the cost of this service
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Section 17-52.1.ACCIDENT REPORTS REQUIRED
In addition to any reporting requirements of state or federal governments, any person involved
in any activity which causes damage to any other person, boat, property, or the marina
facilities shall make a report of such incident within 12 hours to the Harbormaster All
information shall be provided that is deemed necessary by the Harbormaster
Section 17-52.2. NON-LIABILITY OF CITY
The owner of a vessel must assume all liability for loss or damage to his property of every kind
arising from the use of the Harbor Removal of any unauthorized vessel by the Harbormaster
due to the vessel being in an unsafe or dangerous condition shall be without liability to the City
of Monterey. The owner of such a vessel shall be liable for the costs of removal or securing of
the vessel The City assumes no risk on account of fire, theft, storm, wind, acts of God, or
damage of any nature from any cause whatever, except for the gross negligence of its
employees to boats or other property Boat owners and operators acknowledge that the Harbor
contains many shallow, rocky areas and other dangerous conditions, both natural and man-
made.
Section 17-53 LIVING ABOARD
A maximum of twenty strictly-controlled live-aboard vessels will be permitted to occupy
moorings in the Monterey Harbor Applications for residence must be submitted to the
Harbormaster Those accepted for resident status must conform to the following conditions-
(a). Definition
A person shall be considered a live-aboard if he or she stays aboard (sleeps) three or more
days out of any seven, or if that person declares the vessel to be his/her place of domicile
(b). Advance Application
Application to live-aboard shall be made in advance of any use of the vessel as a residence
Failure to so register as a live-aboard shall be grounds for the denial of the permit
(c) Vessel Ownership Required
In no case will a person occupying a boat owned or registered to another be considered for a
City of Monterey- Monterey Harbor Mooring of Vessels in the I larbor Ordinance Page 14 of 15
live-aboard permit. Only owners of the vessels will be allowed to live aboard with members of
their immediate family, or other co-habitating persons the registered live-aboard is
responsible for the actions of his/her guests
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(d). Cancellation
The permit issued may be canceled by the City at any time, with or without cause, upon thirty
days notice to the applicant. It is revocable and grants no right, title or interest to the applicant,
nor does it entitle the applicant to any rights superior to the public or any other mooring
licensee A live-aboard surcharge may be set by resolution by the City
(e) Communication Equipment
Applicant's vessel shall be equipped with an operable Marine VHF radio or cellular telephone
and applicant shall maintain such radio/phone in good working order during the term of his/her
residence. Live-aboard applicants shall provide the Harbormaster's Office with their vessel
name and/or their cellular phone number The operability of this equipment may be tested
without notice from time to time by the City
(f). Sewage
No human excreta whatsoever, nor any substance or material deleterious to fish, plant, or bird
life may be discharged from any vessel Each vessel will be equipped with a Coast Guard
approved sewage treatment system, or a waste holding tank with a capacity of no less than ten
gallons, and the City shall have the right to inspect the interior of any such vessel with 24 hour
advance notice, to verify compliance with this condition Portable toilets are not considered
installed devices and are unacceptable for the purpose of this ordinance Waste may only be
disposed of outside of state waters or in the Monterey Harbor via the City-owned pump facility
which deposits waste into the Wharf#2 sewer main The City shall have the right to require
that live-aboard vessels confirm regular use of the harbor sewage pump, through a check-in
procedure with the Harbor Office
(g). Vessel Requirements
Only applicants with vessels 24 feet or more in length, or having standing headroom, will'be
considered for the live-aboard program. "Standing headroom" shall be defined as a minimum
clearance of 66" above the floor in the vessel's main cabin The vessel must be self-powered
to be considered for occupancy for residence Except for vessels which have been
continuously occupied as a live-aboard vessel for the six (6) months prior to adoption of this
ordinance, no barges or houseboats will be allowed for residency Any vessel used exclusively
as a residence shall be considered to be a houseboat, regardless of its design Live-aboard
vessels must be designed for usage on the open waters of the Monterey Bay'in its typical
range of sea conditions Generally, living aboard shall be considered incidental to regular use
of the open waters. The Harbormaster shall have the authority to inspect vessels for
compliance and/or require a reasonable test of operability on the open waters of Monterey
Bay Inspections shall occur only with a minimum of seven (7) days advance written notice to
the live-aboard, and shall be limited to items pursuant to the enforcement of this section
(h). Maximum Persons
The total residents of the live-aboard vessel must not exceed the number of beds provided by
the original manufacturer, and in no event, more than five persons
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(i) Non-live-aboard Overnight Boat Use
Boat owners without live-aboard status are authorized to reside aboard their vessels for a
period not-to-exceed forty-eight(48) hours in a seven day period, or, if for vacation purposes,
they may stay aboard for up to fourteen (14) continuous days out of any three month period
No other persons will be allowed to stay overnight on a vessel without the owner(s) being
City of Monterey - Monterey Harbor Mooring of Vessels in the I larbor Ordinance Page 15 of 15
present, except by special permit from the Harbormaster Such a permit, to be Issued In
advance of the stay, shall be valid for no more than thirty (30) days
0). Attorney's Fees
If legal action is required to enforce revocation of a live-aboard permit and formally remove a
live-aboard and/or a live-aboard vessel, the live-aboard shall be liable for any attorney or court
costs Incurred by the City
(k) Advance Cancellation Notice
Ten (10) days prior written notice must be given to terminate any live-aboard surcharge
authorized under subsection (d) above Charges for living aboard will be due and payable until
such notice is received.
(1). Non-transferable
Live-aboard privileges are not transferable upon the sale of a vessel The new owner must
apply for such status and may not live aboard until such approval is granted by the
Harbormaster.
Section 17-53.1 FAILURE TO COMPLY
Compliance with the rules and regulations of the Harbor Mooring area is the responsibility of
vessel owners, their guests and visitors Violation of any provision of these rules and
regulations shall be considered a misdemeanor pursuant to Monterey City Code Section 1-7
and shall subject the violator to eviction from the Harbor/Mooring area, and/or revocation of
their license agreement.
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Rules & R=:g=. I FAQs I Parking & Directions) Weather
Contact Us I Harbor Views I Related Links
Harbor Home Page
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The Stonington Intelligencer Page 1 of 38
The StoningtonIntelligencer
Updated 28 March 2000
The following is the Stonington Harbor Management Plan, written by
a joint Town/Borough of Stonington Harbor Management
Commission, which has recently been approved by the Department of
Environmental Protection of the State of Connecticut.
'S �J.-onington
I. The Plan: Analysis and Recommendations
1. Introduction
1.1 Background and Purpose
1.2 Benefits
1.3 Harbor Management Commission
2. Physical Condition and Harbor Setting
The Stonington Intelligencer Page 2 of 38
2.1 General
2.1 Ocean Swells
2.3 Water Depth
2.4 Shoreline Flood Potential
2.5 Harbor protection
2.6 Water Quality
2.7 Anchorage Areas
3. Harbor Uses
3.1 General
3.2 Town Dock Facilities
3.3 Mooring and Anchorage Areas
3.4 Available Harbor Services
3.5 Public Access
3.6 Shellfish Concentration Areas
3.7 Wharves and Piers
4. Goals, Problems and Recommendations
4.1 Goals
4.2 Problems and Recommendations
5. Mooring Plan
6. Development Plan
7. Management Approach
11. The Ordinance
The Stonington Intelligencer Page 3 of 38
III. Appendices
1. Shell Fish in Stonington Harbor and Little
Narraganset Bay
2. State Harbor Management Commission Statute
IV. Charts (n o I ,,i � �
Town, kf if
1. Water Use Plan
2. Coastal Resources
3. Uses
4. Public Access points
1. Introduction
1.1 The Need
In order for the voters of Stonington to be able to assess the need for having a
management plan for Stonington Harbor, a brief review of the history of harbor
events over the past two decades is given here.
Prior to the mid-1970's, Stonington Harbor was an uncrowded, well protected and
popular anchorage for recreational boats, both locally based and transient.
Mooring spaces were plentiful and free, needing only the Harbormaster's verbal
approval. Written permits were not required and records were few. Dock
structures were few and unobtrusive.
The next decade saw profound changes in the harhor. The demand for moorings
had greatly intensified. Mooring areas had become crowded. Some were
overcrowded primarily from the unauthorized emplacement of'both private and
commercial moorings. The Harbormaster had closed the harbor to new moorings
in early 1985 and accumulated a waiting list of roughly one hundred applicants.
Publication of the closure notice had brought in even more unauthorized
The Stonington Intelligencer Page 4 of 38
moorings. A black market soon developed with private moorings being bought
and sold, some for thousands of dollars; others were leased out for a fee. Some
people held one or a number of moorings but owned no boat; other moorings lay
unused year after year. Along the shore, new docks and dockorniniums sprang
up, permitted by the State but lacking approval by any local authority, i.e. a
Planning & Zoning Commission. The latter's jurisdiction stops at the water's edge
- the Mean High Water mark. Neither Town nor Borough are empowered to
regulate structures built in the water.
Although it was not widely known, the State of Connecticut holds the legal title
to all navigable waters and the lands under them (i.e. harbor bottom) which
precludes private ownership of mooring spaces.
The Harbormaster and Deputy, employees of the State rather than the Town,
while holding full time jobs elsewhere, faced an overwhelming task:
administering about 400 moorings needing annual renewal, with no specific rules
in force, no clerical help, no official boat to use, and no salary beyond a $400 -
later $700 - annual stipend plus reimbursement for expenses. They sorely needed
the guidance of a management plan and ordinance, and the assistance of a Harbor
Commission. The last three Harbormasters have said just that.
In short, Stonington Harbor had gone out of control. It remains largely in that
state today, in spite of the mechanism to solve all of the foregoing problems
being within easy reach: a comprehensive and enforceable Harbor Management
Plan.
In 1984, the State of Connecticut enacted the Harbor- Management Act, which
authorizes towns with harbors to establish harbor commissions, which can
prepare management plans and implement them, after securing state approval and
enactment by the local legislative bodies. The following coastal towns have done
this: Bridgeport, Chester, Clinton, East Lyrne, Essex, Guilford, Milford, Mystic
River (Groton), Mystic River (Stonington), Noank, Norwalk, Norwich, Old
Lyme, Southport, and Stratford.
The Stonington Harbor Management Commission has existed since early 1985.
In 1987, it was in effect reorganized as a joint Town/Borough commission. It has
prepared four successive State-approved Plans which have been accepted by the
Borough Board of Warden and Burgesses, but rejcctcd by the Town Meeting.
The need for enactment of a Harbor Management flan and Ordinance has in no
way diminished; to the contrary, it has increased.
1.2 Benefits
There are clear and substantial benefits to be gained by this community through
enacting this Plan:
The Stonington Intelligencer Page 5 of 38
• The harbor is for everyone and future generations to use and enjoy.
The Plan establishes a guide to preserve this great asset. The Plan
strives to preserve and protect the local environment by working
closely with State and Local bodies, such as the Stonington Shellfish
Commission and the DEP (Department of Environmental Protection).
• The Plan will give Stonington for the first time a strong voice in
matters concerning proposed uses within the harbor. The Harbor
Management Commission will be empowered to review all proposed
development on property contiguous to the harbor. Furthermore, State
agency decisions affecting the harbor must be consistent with the
Plan's policies and with the recommendations of the Stonington
Harbor Management Commission, unless the State agency shows
cause why its decision should differ from the Commission's
recommendation.
• The Plan will enable the Town to eliminate the gross unfairness in
the acquisition and allocation of moorings; and to ensure for future
generations equal access to this valuable but limited resource.
• The Plan will provide for a much safer harbor through improved
specifications for mooring tackle.
• The Plan will make possible the appointment of locally chosen
Harbormasters, and provide substantial assistance in the performance
of their duties. State Statutes provide that if a harbor management plan
has been adopted by a municipality, the Governor shall make the
appointment from a list of not less than three persons submitted by the
Harbor Management Commission. Also decisions by the Harbor
Master, a state employee, must be consistent with the plan, a
safeguard for the people of the Town.
• The Plan enhances the preservation of the harbor environment
through coordination with other local and State agencies; i.e. the State
Department of Environmental Protection and the Stonington Shellfish
Commission.
• Finally, the proposed Ordinance requires that all funds necessary for
implementing this Plan will come only from users ol'the Harbor
through mooring fees. no tax revenues will he needed.
1.3 Description of this Document
This document is divided into two basic parts. the Plan, and the Ordinance. The
entire document must be adopted by a Town Mectin- and by the Borough
The Stonington Intelligencer Page 6 of 3 8
Warden & Burgesses, in order to go into effect. The plan provides background
and a rationale for the ordinance, while the ordinance itself will be enforced by
the Harbormaster after its adoption. As an example, the Plan recommends
establishment of"a mooring plan"which provides for orderly and equitable
administration of mooring permits, priorities and records, (Page 17). The
Ordinance, starting on page 21, then describes a system to accomplish this
purpose.
Following the Plan and the Ordinance are two appendices. Appendix 1 is a
summary of shellfish habitat in the Commission's area of jurisdiction, and
Appendix 2 is the State enabling statute which establishes the procedures
whereby municipalities are empowered to initiate the Harbor Management
process.
The Stonington Harbor Management Commission was created by concurrent
ordinances adopted by the Town of Stonington on May 31, 1989 and by the
Borough of Stonington on May 17, 1989. These ordinances set forth the reasons
for creating the commission, its membership, powers and duties, and its
jurisdictional limits.
2. Physical Condition and Harbor Setting
2.1 General
As shown on town maps, Stonington Harbor has a north-south measurement of
1.1 nautical miles. It has 4.4 nautical miles of shoreline and lies within the Town
of Stonington.
The northern part of the harbor is bounded by a railroad causeway which
separates the harbor from Lambert's Cove. Passages exist under two railroad
bridges that are serviced by a Federal channel within the harbor.
The western shoreline consists of rock bluffs and headlands along the southern
1.
part at Wamphassuc Point. Moving northward. there are minor escarpments and
low beaches. Coastal resources in the harbor are shown on Chart Il.
2.2 Ocean Swells
Because Stonington Harbor is partly open to the south, long ocean swells
frequently come into the harbor. They are particularly noticeable at high tide as
they cross the reefs east of Fishers Island.
These swells (surges) affect most boats and structures in the harbor. When strong
The Stonington Intelligencer Page 7 of 38
winds blow from the south these surges can grow to 4 foot waves. This is a good
reason why boat owners prefer to have their boats on moorings so that they can
better cope with the wind and waves from the south.
2.3 Water Depth
Harbor Management Plan Chart III shows the depth of water at Mean Low Water
(MLW). The sources for these water depths are government charts and soundings
taken by DiCesare-Bentley Engineers in 1983.
The Army Corps of Engineers (ACOE) has been responsible for maintaining the
breakwaters and the depth of water within the harbor. In 1957 dredging was
completed on Penguin Shoal to a depth of 10 ft. and to 12 ft., from the Town
Dock to the Monsanto Breakwater.
2.4 Shoreline Flood Potential
The average tidal range for Stonington is 2.7 ft., with a Spring range of 3.2 ft.
Flood Insurance studies of 1980 and 1982 cite the possibility for extensive
flooding caused by a 100 year storm. Maximum flooding of 16 ft. above MLW at
Stonington Point and 14 ft. in the northern part of the harbor is possible. In such a
storm all waterfront facilities would be flooded or destroyed by wave and wind
action.
2.5 Harbor Protection
Three stone breakwaters (shown on Chart I) provide some measure of protection
to the harbor except under extreme tropical storm conditions with winds from the
southeast through the southwest quadrants.
2.6 Water Quality
The waters of Stonington Harbor are classified by the State as S13- suitable for
bathing, recreational uses, industrial cooling and certain shellfish harvesting. The
area is a wildlife habitat and has aesthetic value. One ol'the Town Water
Pollution Control facilities is sited in Stonington 1-larbor.
2.7 Anchorage Areas
Chart III shows areas that have been dredged by AC 011, and are therefore
considered to be Federal Anchorage Areas available for the use of all U.S.
citizens without regard to State or Town residency. This chart also shows Special
Anchorage Areas determined by the U.S. Coast Guard, 1XIZich permit vessels less
than 65 ft. in length to anchor without regard 10 the use o('anchor lights or fog
The Stonington Intelligencer Page 8 of 38
signals.
3. Harbor Uses
3.1 General
Stonington Harbor is an extensively used boating resource for both commercial
and recreational purposes. It is the home port of'Connecticut's last remaining
commercial fishing fleet. Approximately 400 recreational boats are moored here.
Stonington Harbor is one of the most popular ports in New England for visiting
cruising yachts, and has become an important center for organized sailboat
racing. Other recreational uses include sport and shoreside fishing, motor
boating, daysailing, small boat instruction, windsurfing, scuba diving and
swimming.
3.2 Town Dock Facilities
The Town Dock consists of two concrete and rock piers, extending from the
eastern shore towards the channel. The north or main dock is approximately 618
feet long and houses a fish off-loading facility on its south face. The second pier
is located just to the south, and is approximately 452 feet in length. It provides
some wave shelter to boats moored in the water between these two docks. Depths
between the two docks start at 7 feet at the east end sloping to, 15 feet by mid
pier. Approximately 18 draggers and 14 lobster boats are assigned berths and
there was a list in 1994 of 10 additional vessels that had requested berthing space.
The west end of the south dock is unsuitable for berthing because of its exposed
location and the dock is used only for short term tie up. The southerly face of the
northerly dock is also limited for berthing because of its exposed location, with
the westerly portion not being used at all. Vessels moored adjacent to the fish
packing facility cannot unload during periods of'high waves caused by southerly
winds or during periods when offshore storms create a surge in the Harbor. It was
reported that on several occasions boat crews had to man the vessels while tied to
the dock during storm conditions, and in some instances had to Keep the engines
in gear to keep the vessels off the dock.
The northerly face of the north dock provides a more sheltered area and some
vessels are berthed in this area.
Over the past few years there have been several improvements made at the Town
Dock. New piles and decks have been installed on hoth the north face of the
southerly dock and the south face oftlhe northcrly dock. The Ice House was
The Stonington Intelligencer Page 9 of 38
reconstructed a few years ago, but further expansion is planned to provide for
more extended offshore fishing. The Fish Packing I-acility provides capabilities
for unloading two vessels at one time.
3.3 Mooring and Anchorage Areas
The Special Anchorage Areas discussed in Section ? are used by recreational
boats for both permanent and transient moorings. The mooring areas suitable for
keel draft boats are now (1998) near capacity and have been so for the past
decade. The Harbormaster, who is responsible for assignment of mooring
locations throughout the harbor, currently has approximately 100 mooring permit
applications on a waiting list. There are some private moorings outside of the
currently designated Special Anchorage Areas, but none within any navigational
channels. Modest expansion of the current Special Anchorage Areas seems
feasible, and such expansion could accommodate some of the individuals on the
waiting list. For example, the region just to the north of the inner breakwater
would be highly suitable for designation as a Special Anchorage Area, given its
deep water, protected area, and location adjacent to an existing Special
Anchorage Area.
Of the approximately 400 permanent moorings located within the Stonington
Harbor, approximately 130 are approved commercial moorings. The remainder
are privately owned. The Commission believes that the existing ratio of private to
commercial moorings (roughly two to one), which has prevailed for decades, is
appropriate and equitable and should be maintained. If the demand for
commercial moorings should increase or decrease in the future, the ratio could be
adjusted by the Harbor Management Commission to meet the needs of the public.
No commercial moorings may be permitted in Federal navigation project areas,
of which there are two in Stonington Harbor.
During the boating season, an additional 300 or more boats may visit Stonington
Harbor each week. Further, the harbor is regularly visited by groups of sailboats
cruising together. Some of these visitors are accommodated by empty
commercial or private moorings, but some are not. For this reason, and also
because it is required as a consequence of past Federal dredging projects in
Stonington, the Commission recommends establishment of a transient anchorage
area in the harbor. The proposed area is shown on Charts I and 111.
3.4 Available Harbor Services
One full service boatyard and marina is located in the northeast corner of the
harbor. The yard owns and services commercial moorings within the harbor.
Service includes seasonal and transient mooring rentals, as well as a travel lift.
Fuel and sanitary pump-out facilities are available including Gree public toilets.
The Stonington Intelligencer Page 10 of 38
The boatyard operates the only commercial launch service available. Service is
provided to renters of the commercial moorings and for a fee, to both private and
transient anchored boats. The launch has a shoreside landing float at the yard.
A small boat commercial marina located just north of the railroad bridge at the
head of the harbor services commercial moorings in the harbor as well as several
private moorings. The marina provides small motorboat storage and tieup and a
few rental outboard skiffs. Service here is confined to small boats owing to the
limited vertical clearance of between 2 to 5 feet under- the railroad bridge.
Within the Town of Stonington, there are 12 commercial small boat launching
ramps. One is owned by the State at Barn Island; another located adjacent to the
south side of the fishing dock is owned by the town.
The Town of Stonington leases to the Stonington Small Boat Association (SSBA)
storage area adjacent to the town launch ramp for recreational boating activities.
Here small craft may be launched, hauled, and stored on small hand-operated
dollies. Motor vehicles are not allowed. Boat storage is available to members of
the SSBA who must be town residents. The general public may launch and haul
small craft by hand. This beach is used for Wednesday night sailboat races.
Visiting cruising boats use this area also for landing their dinghies. (See Chart
III)
3.5 Public Access
Pubic Access to the harbor means many things. For example, it could mean a
public dock at which boats could land, a public walkway affording a view of the
water, or simply a vista at the end of a street. It does not include unrestricted
access to private property.
Chart No. IV at the end of this document shows the sites of'public access to both
Stonington Harbor and the Nvaters on the east side oi'Stonington Borough.
Site 1 is an existing platform at the west end of the Town Dock's North Wharf,
which provides for recreational fishing and viewing of the harbor by the public.
Site 2 is a location proposed for a new public dinghy landing on the south side of
the South Wharf at the To,,N n Docl< property. Such a landing is required by the
U.S. government in return for the Federal dredging of the harbor, both past and
future. Funding for its construction and maintenance would come from mooring
fees and possibly government grants, rather than From taxes.
Site 3, is the small beach and boat launch area adjacent to the Stonington Small
Boat Association boat storage area.
The Stonington Intelligencer Page 11 of 3 8
Site 4, is a shoreside public walkway adjacent to Flarboredge Condominiums
leading west to the flagpole.
At Site 5, Wayland Wharf has a small dock and a limited temporary dinghy
landing. The terms of the grant which conveyed the property to the Borough in
1921 state that it is "not intended for commercial purposes but as a place for
pleasure and enjoyment of the people of the Borough".
Site 6, the Inner Breakwater, has a public right-of-way connecting it to Water
Street. However, hurricane damage has left the breakwater- in such disrepair as to
be dangerous. Rebuilding would maximize its use for boating, fishing and other
recreation. Such rebuilding should be part of any future development of the
property. This site would also be suitable for a public dinghy landing on its north
side after repair.
Site 7, Stonington Point, is heavily used by the public for parking, swimming,
scuba diving, board sailing and general recreational uses. DuBois Beach, owned
by the Village Improvement Association, is open to the public for a small fee.
Site 8 through 12 afford water views and varying degrees of physical public
access to and from the water. They are best visited by foot, as parking is scarce or
non-existent nearby. Sites 10 or 11 may have potential as a dinghy landing site.
Site 13 is the State owned boat launch ramp and parking lot on Randall Neck,
east of Wequetequock Cove. See Chart I.
3.6 Shellfish Concentration Areas
The area within the jurisdiction of the Stonington Harbor Management
Commission provides an excellent habitat for a wide range of shellfish. It is an
important source of adult shellfish for recreational and commercial activity,'as
well as breeding stock for populations of hard and soft clams, scallops, oysters,
and other bivalves. These important resources. which are managed by the
Stonington Shellfish Commission, require carellrl consideration in the harbor
management process.
The Stonington Harbor Management Commission will coordinate efforts with the
Stonington Shellfish Commission to ensure mutuallN' supportive policies. Special
emphasis will be given to placement of moorings and docks, since the numbers
and placement of boats can have a negative impact on the use of shellfish
populations. The Harbor Management Commission \\.ill send to the Shellfish
Commission copies of all business that has the potential to il'I'ect the use, health,
or management of the shellfish resources of the "hown ol'Stonington. Appendix 1
(Page 37) provides a description of the existing shell lisp situation and the
applicable rules.
The Stonington Intelligencer Page 12 of 38
3.7 Wharves and Piers
In recent years there has been considerable activity by property owners on both
the east and west shores of Stonington Harbor in the construction of wharves and
piers. This activity could affect the natural resources of the harbor, as well as
have a serious impact on the harbor's aesthetic quality. A Ithough not yet a severe
problem, this wharfing out, if not checked, would have a severe impact on water
use in the harbor for moorings, for recreational sailing and boating, and even on
the channel utilized by the commercial fishing fleet.
The character of wharf and pier construction has reflected the development of
adjacent land areas. On the west side of the harbor, the shoreline contains single
family residences on large lots. Here the pattern of dock construction has been
that a homeowner has usually built one dock, not to keep a large boat but to keep
small boats and dinghies which are used to provide access to larger boats which
are generally kept on moorings. Here, since the water is generally shallow, docks
must be quite long, on the order of 100 feet, even to keep a dinghy afloat.
However, it is desirable to keep docks here as short as possible to preserve as
much open water as possible. It is also desirable to minirnize dredging in order to
preserve natural resources.
On the east side of the harbor the situation is different. The deeper water has
given rise to the generally commercial and institutional character of much of the
land use. There are also some areas of single-family residences on small lots.
Generally, here the various types of land uses call for a variety of types of docks,
but it appears desirable to keep them as short as possible for the reasons given
above.
On the southeast shore of the harbor lies the forme►- Atwood property, a large
deserted industrial complex with several hundred feet of unused waterfront. The
Borough Planning and Zoning Commission will have to approve any proposed
redevelopment here, but the Harbor Management Commission must carefully
review that proposal for impact on the harbor.
There is no single solution to the question of how best to manage dock
construction. For this reason, the Commission has established the review
guidelines presented in Section 6 (Page 19).
4. Goals, Problems and Recommendations
4.1 Goals
Goal 1.
The Stonington Intelligencer Page 13 of 38
To establish short and long tern policies, guidelines and strategies to
be used by Borough, Town, State and Federal Agencies for guiding
decisions affecting Harbor uses and development.
Goal 2.
To establish an increased role for the Borough and Towji of
Stonington in the management and regulation of I-larborarea activities
through implementation of a Harbor Management Plan incorporating
the above policies, guidelines, and strategies. This will require the
following:
a. Establishment of procedures for efficient and coordinated
administration and management of the harbor by Borough, Town,
State and Federal Jurisdictions.
b. Promotion of public awareness of the effect of harbor-related
activities on the quality of life in the Borough and Town, and thus
support for Harbor Management.
c. To plan for and regulate use of the Harbor in a manner that assures
safe, orderly and efficient use of the water and the waterfront.
Goal I
To protect the natural and man-made resources of Stonington Harbor.
4.2 Problems and Recommendations
The problems described below are associated with the current condition and use
of Stonington Harbor. With each problem are also presented the Harbor
ManagementC ommis s ion's recommendations for its alleviation. The problems
have been organized in the following groups:
Moorings and Anchorages
Commercial Fishing
Other Water Uses and Safety
Water Quality
Shoreside Development
4.2.1 Moorings and Anchorages
The Stonington Intelligencer Page 14 of 38
Problems:
A. The present lack of accountability for private mooring
assignments exacerbates the problem of accommodating
the constant demand for deep water moorings.
B. The demand for deep water moorings exceeds the
apparent supply. This imbalance is expected to be
permanent.
C. The absence of established standards for adequacy of
mooring tackle (such as scope, weight and size of chain
and anchors) contributes to unsafe conditions in the
mooring areas, particularly when a tropical storm sweeps
the area.
Recommendations:
A. Establish a mooring plan which provides for orderly and
equitable administration of mooring permits, priorities and
records. All mooring emplacement, retention and moving
should be controlled by the Harbormaster.
B. Mooring spaces will first be allocated to those owners of
registered moorings in the harbor during the previous
boating season. After that, moorings will be allocated by
the Harbormaster from the waiting list.
C. When a permit holder no longer needs a mooring, that
mooring will revert to the Harbormaster for reassignment.
D. Commercial moorings will not exceed the current level
I
f approximately 35% of all deep draft moorings in the
Harbor, subject to minor change by the Commission.
E. Expand Special Anchorage Areas to accommodate
additional boats, by permission olf the U.S. Coast Guard.
F. The Transient Anchorage Area shown on Chart I Should
be reserved for transient vessels Im periods not to exceed
seven consecutive days.
G. To reduce the danger of collision by boats moored to
inadequate mooring tackle, particularly during heavy
weather, mooring tackle specifications should he
established as guidelines, and provision Imide for regular
- The Stonington Intelligencer Page 15 of 38
inspection of mooring tackle.
4.2.2 Commercial Fishing
Problems:
A. Potential loss of the commercial fishing fleet because of
a shortage of berthing spaces for local and transient
vessels.
B. Surge at Town Dock.
Recommendations:
A. Implementation over time of the recently completed
plan for the Town Dock which was sponsored by the
Southern New England Fisherman and Lobstermen's
Association and the Waterfront Commission. This plan
includes the repair of the wooden dock space on the north
side of the Town Dock, and extension ol'the south Town
Dock.
B. Extension of the inner and outer breakwaters for the
reduction of the far field wave and surge that disrupt off
loading and boat tie-up is not a realistic goal at this time.
Any extension will be well into the future and primarily for
expansion of the harbor.
4.2.3 Other Water Uses And Safety
Problems:
A. With increasing demand for mooring, anchoring, and
wharfing out, open water for small boat sailing, racing,
rowing, and instruction could be badly restricted.
B. Excess speed. principally by power boats. creates danger
to small boat operators and danger to moored and anchored
boats and shore facilities as well as slow erosion.
C. Unrestricted swimming and scuba diving within
fairways and channels are hazardous because of'boating
activity:
D. Water skiing is hazardous where there is a concentration
The Stonington Intelligencer Page 16 of 38
of boats underway, anchored, or moored and when
swimmers may be present.
E. Any fixed fishing equipment such as gill nets and
lobster pots can be hazardous within Stonington Harbor.
Recommendations:
A. The Mooring and Anchorage Areas shown on Chart I
constitute the planned limits of expansion for these
purposes within Stonington Harbor. A I I other water areas
will remain open for recreational boating activities, except
where particular activities are prohibited for reasons of
safety and where structures have been authorized by state
and federal permits.
B. Enforcement of State regulations concerning boat
operation, wakes and speeds.
C. An ordinance prohibiting swimming and scuba diving in
Coast Guard designated channels and locally designated
fairways.
D. Enforcement of current laws governing placement of
fixed fishing gear in channels, fairways and mooring areas.
4.2.4 Water Quality
Problems:
A. State law is not enforced regarding sewage discharge by
boats, leading to a potential deterioration of water quality.
B. Floating trash exists and is a defacement.
C. Shellfish harvesting is restricted by pollution.
D. Floating homes and other liveahoards constitute a
pollution hazard, and in the case of floating homes
adversely change the character of the harhor.
Recommendations:
A. Support discharge enforcement by the I larhormaster and
Police.
The Stonington Intelligencer Page 17 of 38
B. Pursue the designation of Stonington Harbor"as a No
Discharge Zone, under Sec. 312 of the Federal Clean Water
Act.
C. An ordinance prohibiting dumping. Provide for'
enforcement by Harbormaster and Police, and periodic
harbor cleanup.
D. Adopt an ordinance to regulate floating homes and
liveaboards.
E. Increase awareness of boaters through education.
4.2.5. Shoreside Development
Problems:
A. Equitable utilization of water area for wharves vis-a- vis
other uses such as moorings, navigation, access,
recreational sailing, etc.
B. The need for an additional facility for transient small
craft landing and dinghy tie-up.
C. Further loss of existing water-dependent uses along the
developed shorefront, or potential,future development of
non-water-dependent uses.
D. Tidal Wetlands are in jeopardy of being lost or
despoiled'by dredging, dumping, filling, and like activities.
Recommendations:
A. Establish guidelines for the construction of wharves and
docks or other facilities. (See page 19)
B. Implement procedures for review and comment in
accordance with the above guidelines by the Harbor
Management Commission on all applications to the DEP
and ACOE for wharf and doel< construction. All
applications to the Town and Borough Planning and
Zoning Commissions for waterfront development in the
harbor should be reviewed in accordance with the State
Statute concerning Harbor Management.
The Stonington Intelligencer Page 18 of 3 8.
C. The above reviews should also be concerned with
potential loss of water-dependent uses, loss of_public
access, and maintenance of tidal wetlands.
D. The establishment of a floating dinghy landing ti&'up
facility and parking for free public,access to and from the
harbor,,and for use of transients.
5. Stonington Harbor Mooring Plan
Mooring areas for boats with a draft of 4 feet or more are filled to near capacity,
and there is a waiting list of about 70 applicants for any vacancies. Boats drawing
less than 4 feet can find some available space west of the main channel.
There are approximately 240 private moorings in place with the number
gradually increasing each year through illegal placement of moorings without
permit. Such a condition makes it almost impossible for even a diligent
Harbormaster to efficiently manage the moorings in the harbor.
This plan has the following main features:
A. Grandfathering:
Basic to this plan is the decision by the Commission to
grandfather the moorings in place in the harbor in the
summer of 1987, the date of the first mooring inventory.
Moorings put in place since the summer of 1987 must,have
a.valid,permit from the Harbormaster. Upon adoption of
the Plan a restriction of one permit per person will go into
effect.
B. Permits:,
Effective administration of the plan requires that all
mooring owners. including those who have been
grandfathered, have valid permits with identification of the '
owner on the mooring buoy,
C: Permit Transferability:
Mooring permits are not transferable. When,the holder of,a .
private mooring no longer keeps his or her-boat on the
mooring, the Harbormaster shall be notified by the holder,
and the mooring will become available Im reassignment
The Stonington Intelligencer Page 19 of 38
from the waiting list. The permit holder may not lease or
sell the mooring location. Spouses are automatically
considered co-permittees.
D. Shorefront Property Owners:
Owners of waterfront property retain a long-standing legal
right to access navigable water from their property. This
plan gives shore-front owners precedence over other permit
applicants for one mooring in adjacent waters, except
within Federal Navigation Projects.
E. Mooring Permits:
will be renewed annually in January upon payment of
$20.00. Permits not renewed by March 31 will risk
assignment of their mooring space to an applicant on the
waiting list if the permit holder fails to contact the
Harbormaster to explain the cause of the delay in renewal.
F. Record Keeping:
An alphabetical list of names holding valid permits will be
maintained in the Town Hall in an area visible to the
public. A waiting list of applicants for a mooring permit
will be similarly posted. Both lists will include date of
permit or date of application for a permit, name of person,
home address (no post office box numbers), telephone
number, and length and draft of boat.
Mooring permits will be in duplicate form. A mooring
renewal form or an application for a mooring, when
properly completed, will be date stamped by the
Harbormaster. One copy will be returned to the boat owner
as proof of receipt by the Harbormaster.
G. Settlement of Disputes:
Any dispute arising between a mooring permit holder or an
applicant for a permit and the Harbormaster or the
Commission over the interpretation or intent or these
regulations will be settled in a public meeting. The boat
owner will request the meeting from the chairman of the
Commission in writing. The chairman and four other
members of the Commission, chosen by the chair, will
form a panel to settle the dispute.
The Stonington Inte,i igencer Page 20 of 38,
H: Mooring Fees:
will be used,exclusively by the Coin nlission and"the
Harbormaster for the administrative expenses of the plan
ashore and afloat. No tax of any kind will be proposed or
levied on any Stonington resident for the administration of `
any part of this plan.
6. Harbor Development'Plan
Upon adoption of the Harbor Management Plan, the Commission will have the
power under Section 22a-113p,of the Connecticut General Statutes"to review and
comment on all applications to municipal agencies which'involve proposals for
development of property on or contiguous to the waters of the Commission's
jurisdiction. The principal agencies involved will be the Town,and Borough
Planning and Zoning Commissions. In addition, under Subsection 22a413n(b) of
the statutes, the Commission will have the power to review and comment on
proposals for actions by State agencies which would affect development in the
harbor. In making such comments, the Commission intends to follow,the
y_ guidelines presented,below:
A. That no channel or fairway designated in the Plan (Chart I) will be
restricted or reduced in width. t?
B. That areas for mooring, recreational boating, and sailing will not,be.
unduly restricted.
C. That the proposal will not cause water quality or other coastal '
resources to be degraded.
D. That the proposal is in general harmony with the aesthetic character
of the harbor.,
E. That the proposal is in general harmony with zoning and current
land use on the-property in question; and will not adversely affect
water use,by adjacent properties.
F. That the intensity of proposed development is'in general harmony,
with that of existing activities in adjacent Areas withiil'the
Commission's jurisdiction.
G. That,public usewill be encouraged. Aii example of public use
could be a marina, which provides services to transients, in contrast to,
condominium docks, which are owned by private individuals.
The Stonington Intelligencer Page21 of,38
7. Management Approach
A. Town-Borough" Coordination
Communication and"coordination,between the Town of Stonington and the
Borough of Stonington must be maintained in order for this Plan to be effective.
It shall be the responsibility of the Chairman of the Stonington Harbor
Management Commission, or his designee, to act as the liaison between this
Commission and all Borough and.Town governing and legislative bodies,
commissions, boards and,agencies.
B. Source Of Funding
Upon adoption of a Harbor Management Plan by the Town and Borough of
Stonington, the source of all funding.for the implementation of the Plan shall be
confined to the mooring user fees collected annually by the Harbormaster.
There shall be no use of general tax revenues-from the Town or Borough of
Stonington in the annual budget of the Stonington Harbor Management
Commission.
II. The Ordinance
1. General Provisions
Sec. 1 Title
Sec. 2 Applicability
Sec. 3 Area Chart
Sec. 4 Invalidity of Provisions
Sec. 5 Harbor Management Fund
2. Safety and Traffic Control
Sec. 6 Defective or Dangerous Conditions
The Stonington-Intelligencer 'Page,22 of 38
Sec. 7 Traffic and Speed Control
3. Harbor Use Regulations
Sec. 8 Enforcement Authority
Sec. 9-Penalties
Sec. 10 Liability
Sec. 11 Swimming and Underwater Diving
Sec. 12 Water Skiing
Sec. 13 Fiked Fishing Gear
Sec.' 14 Use of Vessel As Abode
Sec. 15 Coordination with Town, Borough, & State Agencies
Sec. 16 Sanitation
4. Mooring, Anchoring, and Securing of Vessels
Sec. 17 Placement of Private And Commercial Moorings
Sec. 18 Uses of Private Moorings
Sec. 19,Application for Mooring Permit
Sec. 20 Allocation of Mooring Spaces
Sec. 21 Mooring Records
Sec. 22 Transient Anchorage,
Sec. 23 Secure Berthing, Mooring„and Niichorino 01'Vessels
Sec. 24 Mooring Specifications and Inspection
Sec. 25 Storm Precautions
The Stonington Intelligencer Page 23 of 38
Sec. 26'Settlement of Disputes
5. Review and Modification of the Plan
Sec. 27 Review of Harbor Management Plan
Sec. 28 Modification of Harbor Management Plan
6. Definitions
Annex A Mooring Tackle Specifications
Annex B Mooring Permit Application Form
Article 1 : General Provisions
Sec. 1 Title: This Ordinance shall be known as the Stonington Harbor
Management Ordinance.
Sec. 2 Applicability: Unless otherwise provided, each provision of this
Ordinance shall apply to:
A. The waters lying east of Warnphassuc Point, south of the Conrail
railroad embankment and the shoreline eastward to the Borough.of
Stonington, west of the western shoreline of the Borough of
Stonington and north of the westerly breakwater and of a line between
its,eastern end and the red and green buoy "SP" lying south of
Stonington Point, which waters are herein defined as"Stonington
Harbor;" and to
B. The waters lying east of the eastern shorcline of the Borough of
Stonington and north of a line running from the aforesaid buoy"SP"
true east to the Connecticut-Rhode Island border, thence following the
state border north and thence generally eastward to buoy"19" thence
north to the tip of Pawcatuck Point, which waters 111CIude
Wequetequock Cove and portions of Littic Narragansett Bay.
Sec. 3 Area Chart: A chart showing the waters to \vhich this Ordinance applies
as well as the mooring and anchorage areas of Stonington Harbor is included in
the Stonington Harbor Management Plan as Chart I and is made a part of this
The Stonington Intelligencer Page 24 of 38
Ordinance.
Sec. 4 Invalidity of Provisions: Should any provision or provisions of this
Ordinance be held invalid or inoperative, the remainder shall continue in full
force and effect as though such invalid or inoperative provisions had not been
determined.
Sec. 5 Harbor Management Fund: In accordance with Secs. 22a-1131 and 22a-
113s of the Connecticut General Statutes, a Stonington Harbor Management
Fund is hereby established to provide for the costs of administering the
Stonington Harbor Management Plan.
The Stonington Harbor Management Commission (the `Commission") shall
propose a fee schedule for mooring permits. The intention of the Commission is
to hold mooring fees at a level no higher than necessary to pay for essential costs,
while avoiding costs to Town and Borough Government. By State Statute, the
annual fee for a mooring permit shall be approved by vote of the legislative
bodies that established the Commission.
The Harbormaster or Deputy Harbormaster shall collect al fees and deposit them
into an account maintained by the Commission and administered by the Town of
Stonington. The account shall be used for the maintenance and improvement of
the waters under the jurisdiction of this Commission for the public and for
expenses for personnel, equipment, and services directly related to the function of
the Commission or the Harbormaster or the Deputy Harbormaster. All
r� �t
expenditures shall require the approval of the Commission with payment orders
to be signed by a Selectman and the Town Treasurer. No member of the
Commission shall receive compensation from the Fund for services, but may be
reimbursed for any necessary expense'. Upon adoption of this Plan and
establishment of the Harbor Management Fund, no Town or Borough tax
.revenues shall be used in administering this Plan.
Article 2e Safety And Traffic Control
Sec. 6 Defective or Dangerous Conditions: Whenever any vessel, structure, or
floating facility within the harbor is found to be defective or damaged so as to be
unsafe or dangerous to persons or property, it shall he rendered safe or no longer
dangerous by the owner within 30 days.
Sec. 7 Traffic and Speed Control: The I-Iarbormaster and Stonington Police
Department shall have authority to control waterborne traffic as specified in
Section 15-154 and other applicable State Statutes.
The Stonington Intelligencer Page 25 of 3 8
Reckless operation of a vessel is an offense punishable by fine or imprisonment
or both. The laws governing this offense are set forth in Sections 15440k and 15-
140m of the Connecticut General Statues.
Article 3: Harbor Use Regulations
Sec. 8 Enforcement Authority: The Stonington 1-larbormaster or Deputy
Harbormaster shall enforce the provisions of the Stonington Harbor Management
Plan, including this Ordinance. The Harbormaster or Deputy Harbormaster may
cite any alleged violators of this Ordinance. All uniformed officers of the
Stonington Police Department shall have the authority to enforce the provisions
of this Ordinance.
Sec. 9 Penalties: Any,person who violates any provision of this Ordinance shall,
upon conviction thereof, be punished by a fine of not less than $10 per day and
not more than $100 per day.
Sec. 10 Liability: Any person using Stonington Harbor or its maritime facilities
shall assume all risk of personal injury or loss of life and all risk of damage or
loss to their property. Both the Town of and 1301-ough of Stonington assume no
risk on account of fire, theft, Act of God, or damage of any kind to vessels within
the area under the jurisdiction of this Ordinance, nor responsibility for personal
injury or loss of life within the same area.
Sec. 11 Swimming and Underwater Scuba: Swimming and recreational scuba
diving are prohibited in all Coast Guard designated channels and fairways shown
on Chart I. It is also prohibited north of a line extending from the Inner
Breakwater to the west shore of the harbor on an east-\vest (magnetic) bearing.
Sec. 12 Water Skiing: Water skiing is prohibited within Stonington Harbor, and
within the waters north of a line running from red and Green buoy"SP" thence to
buoy "2" thence to the northwest tip of Sandy Point. incl thence to Edwards
Point. See Chart I.
Sec. 13 Fixed Fishing Gear: Placement of fixed fishing gear (e.g., gill nets and
lobster pots) in channels or fairways at any time, and In mooring areas during
boating season (May 1 to October 15) is subject to certain restrictions by State
law. See Regulations of Connecticut State A0encies. Section 26-142a - 3a(d).
Sec 14 The Use of Vessel as Abode. The use of vcsscls or floating homes/offices
in Stonington Harbor as permanent or long4erm abodes Is specifically prohibited.
Sleeping aboard vessels is allowed as a secondary use to the vessel's principal
commercial or recreational use. Temporary exceptions to this regulation for
The Stonington Intelligencer Page 26 of 3 8
unusual circumstances.may be allowed at the discretion of and by permission of
the Harbormaster.
Sec. 15 Coordination with Town, Borough, and Shite Agencies: Pursuant to
Sec.'22a-I I3,p of the Connecticut General Statutes, any Town or Borough
commission or board that is considering a proposal that affects the real property
on, in or contiguous to the waters within the jurisdiction of this Commission shall
notify this Commission at least thirty-five,days prior to the taking of final action
on the proposal. At the request of this Commission, a copy of the proposal under
consideration shall be forwarded to this Commission for review and a
recommendation. Overriding of an unfavorable recommendation from the
Stonington Harbor Management Commission must be by a two4hirds vote.
Sec. 16 Sanitation: The discharge of any refuse, waste„debris, petroleum
product or by-product, paint, varnish, or untreated sewage into the waters under
the jurisdiction of this Ordinance is prohibited.
Article 4: Mooring, Anchoring, And Securing Of Vessels
Section'17 Placement of Private and Commercial Moorings Placing any
mooring'in the waters of the harbor without a per from the Harboymaster is
prohibited. No vessel moored or anchored shall'extend beyond the mooring,area
into,any designated channels, fairways, turning basins, or transient anchorages.
Vessels will not be moored so that they come closer,than fifty feet to the north
side of the'west breakwater. Unpermitted moorings may be removed by the
Harbormaster, but the owner thereof shall be'notified if possible:_If not possible,
equipment shall be treated as lost items. Commercial moorings may not be placed
in the harbor without the proper Army Corps of'Engineers and Connecticut
Department of Environmental Protection permits.
Sec. 18 Uses of Private Moorings: The intent of these regulations is that private
moorings will be used by the holders of the permits for those moorings. That is,
the moorings shall not be rented or leased (only approvedcomniercial moorings
may be rented or leased). Nor should they be left unused for more than sixty
consecutive days. The Harbormaster may decline to renew permits for unused
moorings.
On the other hand, it-is,not the intent of these regulations to,be overly restrictive
or unreasonable. Occasional use of private moorings by guests bf the permit
holder and mooring vacancies during cruises or boat reliairs are allowed.
Protracted vacancies caused by delays between selling a.permitted boat and
acquiring a new boat, or by such circumstances as illness of the permit holder or
temporary absence from the Stonington area riiay he Allowed by the
The Stonington Intelligencer Page 27 of 3 8
Harbormaster. These situations should be discussed witli the Harbormaster as
they arise.
At the request of a permit holder, who is facing one of the situations described in
the previous paragraph, the Harbormaster may issue a temporary permit (not to
exceed six months) for use of a vacant mooring. The standard mooring permit
application must be submitted to the Harbormaster for review and approval. If
approved, the permit will be marked "TEMPORARY" to indicate that it is not a
permanent permit. If the Harbormaster approves temporary use of a private
mooring, the holder of the temporary permit must assume all liability in writing.
The Harbormaster shall consider the Waiting List when he/she issues temporary
permits.
Sec. 19 Application for Mooring Permit.
A. New Applications.
Any interested person, persons, or corporation may apply
for a mooring permit for a boat by completing in full the
application form (Annex B, p. 36) and returning it to the
Harbormaster with a copy of the vessel's registration.
Application forms are available at the Town Clerl<'s office,
Borough Clerk's office, and from the l-1arbormaster.
Applications will be placed on the waiting list in the order
of receipt by the Harbormaster. In the case of a
corporation, association, or other group, however
organized, disclosure of the principals of the corporation
shall be required. An application from a corporation whose
principal assets consist of the boat to be moored and the
mooring applied for shall not be accepted.
B. Renewal Applications.
Mooring permits are valid for a period not to exceed one
year. All mooring permits shall expire on December 31 st
and should be renewed byJanuary 31 st of the following
year. A grace period lasting until Marcl> 31 st of that year is
allowed.
C. Applications by Mooring Owners Upon Adoption of This
Ordinance.
For the initial assignment of moorings following adoption
of this ordinance, all holders of then current and valid
mooring permits. plus all applicants who owned moorings
The Stonington Intelligence' r Page 28 of 38
in place in the harbor during the period from August 5,
1987 to September 22, 1987, shall be considered as having
: applied for mooring permits during this period and will be
given precedence over new applications. That is, they will
be "grandfathered." Upon adoption of this plan, a
restriction of one permit per person will go into effect.
D. Relocation Applications.
A permit holder who applies to relocate his mooring shall
be given such,priority as the Harbormaster may deem
appropriate in order to optimize use„of mooring space
within Stonington Harbor.
E. Mooring Permit Fee.
A fee of$20.00 must be paid each.time a mooring permit is
renewed or a new permit is received.
Sec. 20 Allocation of Mooring Spaces..
A. General Assignment,Faciors.,
All mooring locations shall be determined by the
Harbormaster, with due consideration to vessel size, draft,
water conditions, and other relevant factors, such as coastal
resource protection.
B. Waiting List.
When a mooring space becomes available, it shall be
offered to the,senior applicant on the mooring waiting list,
subject to the constraints contained in these regulations. If
the available mooring space is not suitable to accommodate
the senior applicant's vessel or specific needs, it shall be
offered to the next senior qualified applicant. The senior
applicant shall retain his or-her place on the waiting list in .
this case. The Harbormaster shall continue efforts to
provide a suitable mooring space for the senior applicant.-If
the space is adequate for a much larger vessel than the one
owned by'the person who takes it, the space may be
granted on'a temporary basis until a more appropriate space
becomes available. A person granted a "temporary
assignment" shall not be required to move his or her
mooring during the boating season.
The Stonington Intelligencer Page 29 of 38
C. Shorefront Property Owners Moorings.
The owner of private shorefront property shall have
precedence when applying to the Harbormaster for a permit
for a deep water mooring within close proximity to his
property, except within Federal Navigation Projects.
D. Commercial Moorings.
Commercial moorings shall be limited to 35 percent of the
total deep draft moorings in the harbor. This percentage
may be modified by the Harbor Management Commission.
Sec. 21 Mooring Records.
A. The Harbormaster shall keep a detailed record of each mooring, its
location, and the owner's name, home and business address, telephone
number(s), date mooring was set, and name, length, registration
number or documentation, and type of boat to be attached thereto. All
vessels shall have current registrations in the State of Connecticut or
have paid the required Connecticut state taxes.
B. The Harbormaster shall maintain in a public place awaiting list for
mooring space which will include the dates of all permit applications,
and a list of assigned mooring spaces with permittee names. Both lists '
shall be updated annually.
Sec. 22 Transient Anchorage:
A. Vessels may remain at the transient anchorage area for a period not
to exceed 7 consecutive days except in cases of special circumstances
and after notification of and approval by the Harbormaster.
B. Vessels shall be properly and securely anchored.
C. Vessels may not be left unattended for more than 24 hours. A
vessel's operator shall not leave the immediate area without notifying
the Harbormaster and providing a shipkeeper for the vessel.
Sec. 23 Secure Berthing, Mooring, and Anchoring of Vessels.
It shall be the responsibility of the owner of the vessel, and where
applicable, marine facility operators, to assure that a vessel is properly
secured and to provide for periodic inspection, maintenance, and
replacement of such equipment at reasonable intervals as determined
by the Harbormaster. See Connecticut General Statutes Section 15-8.
The Stonington Intelligencer Page 30 of 38
Sec. 24 Mooring Specifications and Inspection
The Harbor Management Commission shall provide minimum
specifications for mooring tackle and procedures for periodic
inspection of the tackle. Mooring buoys must comply with Section 15-
121-A3(a) of the Regulations of Connecticut State Agencies-See
Annex'A (p. 31).
-Sec. 25 Storm Precautions:
Owners are expected to add reasonable scope, weights, and extra
anchors in-anticipation of storm conditions. Prompt return to usual
-mooring provisions shall,be effected within seven days after a storm.
Sec. 26 Settlement of Disputes:
Any_ dispute arising between a mooring permit holder or an applicant
fora permit and the Harbormaster or-the Commission over the
interpretation or intent of these regulations will be settled in a public
meeting. The boat owner will request the meeting from the Chairman .
of the Commission in writing. The Chairman and four other members
of the Commission, chosen by the Chairman, will form a panel to
settle the dispute.
Article 5:, Review and Modification of The Harbor Management
Plan
Sec. 27 Review of Harbor Management Plan
Section 22a-113m of Connecticut General Statutes provides for r an
annuatreview of the Harbor Management Plan by the Harbor .
Management Commission and by the.Commissioners of
Environmental Protection and Transportation. The Commission shall
conduct its review during the boating season, prior to Labor Day. As
part of the review, the Commission shall hold a publlC Workshop to
receive comments and recommendations conccrnino all aspects of
management of Stonington Harbor and the other waters under its
jurisdiction. The review shall include the administration of mooring
regulations, mooring'permit fees, 'and the operation-of commercial
moorings.
Sec. 28 Modification of Harbor Management Plait
The Stonington Intelligencer Page 31 of 38
Modifications to the Stonington Harbor Management Plan must be
approved in the same manner as the original plan itself, including the
requirement that they be adopted by the legislative bodies of the Town
and the Borough of Stonington.
Article 6: Definitions
Anchoring: to secure a vessel temporarily to the bottom of a water body by
dropping an anchor or anchors or other ground tackle from a vessel.
Berth: space for a single vessel alongside a pier, finger float, or other structure.
Buffer: an open water area between the shore and a designated mooring area.
Channel: a water area officially marked and rnaintained to permit unobstructed
movement of vessels.
Commercial Mooring: a mooring that is rented or leased or available for rental or
lease.
Deep Water: A minimum depth of 4 feet at mean low water.
Distress: a state of disability or of present or obviously imminent peril which, if
unduly prolonged, could endanger life or result in serious property damage.
Emergency: a state of imminent or proximate danger to life or property in which
time is of the essence.
Fairway: a locally-designated water area reserved for unobstructed movement of
vessels.
Floating Home/OfficeA floating building or structure constructed on a
float, barge or raft, no longer principally intended for nor generally capable of
safe navigation, as determined by the Harbormaster, but principally used as an
abode or place of business.
Harbor Facility: an area or structure providing private or public access to the
water.
Harbor Management Act: the legislation contained \vithin the State of
Connecticut General Statutes, Sections 22a-1 13k through 2?-1 13t and as may be
amended.
The Stonington Intelligencer Page 32 of-38
Harbor Management Commission:,the local municipal commission established
under and carrying out the responsibilities authorized by the Connecticut Harbor
Management Act. ,
Harbormaster: an official appointed by the Governor of the State of Connecticut
to administer a harbor, in this case Stonington Harbor, in accordance with the
Connecticut General Statutes. The Harbormaster will enforce the Harbor
Management Ordinance if it is adopted.
Moor: to secure a,vessel to a mooring.
Mooring: a device or system incorporating mooring tackle intended for long term
use by which vessels are secured to the bottom of a water,body.
Mooring Buoy: a floating device designed to mark a mooring.
Mooring Tackle: the hardware and cordage-used to secure a moored vessel.
Open Water: a water area,designated in the Water Use-Plan where moorings and
structures are restricted in order to preserve the area for navigation; natural
resource, or public recreational purposes.'
Private Mooring: any mooring that is not a commercial mooring.
Public Access: an area where the public has free access from,the land to�either a
view of the water or the water itself.
Public Area: all areas of the harbor except those areas under specific'government '
lease to private parties or owned privately.
Shore: the part of the land in immediate contact with, a body of water, including
the area between high and low water lines.
"Shall" and "May": "shall" is mandatory: "may" is permissive.
State:'the State of Connecticut.
Structure: a dock, pier,'piling, breakwater, groin, sca\N all, and combinations
thereof.
Transient Anchorage:, an are&designated,Ior the eXclusive shortterni use of
commercial and recreational vessels.
Underway: the condition,of a vessel that is not anchored, moored, made fast to
the shore, nor aground.
The Stonington Intelligencer Page 33 of 38
Vessel: every description of watercraft, other than a seaplane on water, used or
capable of being used as a means of transport through the water, as defined in
CGS Section 15-127.
Annex A: Mooring Tackle Specifications
The following mooring tackle specifications are minimum requirements to be followed
when applying for a mooring permit in Stonington Harbor. It should be understood that no
minimum standard would assure absolute protection for all vessels at all locations under all
conditions. The Commission recognizes that particular conditions may necessitate a stricter
requirement or allow a relaxation of these standards on a case by case basis.
The applicant may request, or the Harbormaster may require, deviation from these minimum
standards on consideration of the following factors: location of the proposed mooring,
including factors such as exposure, water depth, proximity to shore or structures or other
moorings; type of vessel to be moored, including factors such as bulk, windage, and draft;
and type of mooring tackle, including adequate substitution of mooring type and chain
weight. Mooring anchor weights shown below are for currently available mushroom
anchors; new technology offers anchors of much greater holding power, which can be
approved by the harbormaster when they become available.
No standards can assure adequate protection from severe coastal storms with associated
winds and waters. However, the following specifications are offered as a compilation of
research based on marine engineering studies, neighboring Harbor- Commissions and marina
,usage in Southern New England.
Boat Length Mushroom-Bottom Top Chain (2) Pennant (1 ) Lbs. Chain North South
Sail Power Sail Power (All Boats) Harbor Hbr. Diam. Diam.
15' 15' 100 100 15' Of 5/8" 15' 20' 3/8" 1/2"
20' 20' 200 200 15' Of 5/8"25' -'115' 3/8" 5/8"
24' 24' 250 350 15' Of 3/4"35' 40' 1/2" 5/8"
28' 28' 350 600 15' Of 3/4"35' 40' 1/2" 5/8"
35' 30' 500 600 15' Of 1" 35' 40' 1/2" 3/4"
40' 35' 800 800 15' Of 1 1/8"35' 40' 1/2" 3/4"
45' 40' 1000 1000 20' Of 1 1/8" 3 5' 40' 1/2" 3/4"
The Stonington Intelligencer Page 34 of 38
Notes:
(1) Lengths are maximums for each set of tackle specifications. For sailboats greater than
45' or powerboats greater than 40', owners must get approval of Harbormaster for proposed
tackle.
(2) Top chain lengths are maximums for boats moored, respectively, north or south of the
latitude of the Town Dock. The chain is longer south of the Town Dock because the water is
deeper there. Total length of chain shall be at least 2 1/2 times the depth of water at high
tide, up to the maximums shown above.
(3) Mooring buoys must be white with a clearly visible blue band midway between the top
of the buoy and the waterline, in accordance with Section 154 21-A3(a) of the Regulations
of Connecticut State Agencies.
Anchor weights and tackle sizes (diameters) are minimums. They may exceed the above
figures, but the total scope of chain may not be exceeded without approval of the
Harbormaster. Bottom chain length shall be not less than the water depth, for ease of shackle
inspection.
Additional Requirements
(refer to figure A-1) ;v
A
1. All shackles shall be seized. Seizing shall not promote electrolysis.
2. Chafing gear shall be used.
3. Adequate and properly secured chocks are required.
4. Pennants should be shackled to the chain below the buoy. The use of a second
pennant is recommended. Wire shall not be used for pennants. Pennant length
should be 2 1/2 times the vertical distance from the bow chock to the water, plus
the distance from the bow chock to the mooring cleat or post.
5. No engine blocks shall be allowed for mooring.
6. Mid-chain weights or anchors shall not be used as regular tackle, but are
encouraged during storm conditions. They shall be removed promptly afterward
so as to ensure proper swing.
1. Winter sticks (spars) shall be used only in winter, removed by may 31 st, and
shall attach directly to the chain so the other end is clearly visible above the water
at all times.
The Stonington Intelligencer Page 35 of 38
8. Regular inspection of moorings is required. As a prerequisite for mooring
permit renewal, one must certify that their mooring tackle meets or exceeds the
minimum standards. Moorings may be inspected by the harbormaster at any time.
9. The proposed ground tackle as a whole must be acceptable to the
harbormaster.
10. The name of the mooring owner (permit holder) must be written on the
mooring buoy in large, indelible letters.
No representation of adequacy is made by this section or by the Harbormaster's
acceptance of proposed tackle.
Drawing A-1 ; rl,,! c:�.c
Annex B Mooring Permit Application Form
Shellfish in Stonington Harbor and Little
Narragansett Bay
1. Goals of the Stonington Shellfish Commission
The goals of the Stonington Shellfish Commission are:
A. Manage recreational and commercial shellfishing activities to
provide benefit to the Town of Stonington and its residents.
B. Maintain and improve access to recreational shellfish resources.
C. Manage commercial shellfishing interests to maintain and improve
a traditional economic livelihood.
D. Manage shellfish and other resources to provide sustainable
shellfishing opportunities in Stonington waters.
E. Collaborate with other boards, commissions. agencies, groups and
individuals to promote and enhance shellfish resources and the
environment they inhabit and rely upon.
The Stonington Intelligencer Page 36 of 38
2. Shellfish Resources of Stonington Harbor and Little
Narragansett Bay
Stonington Harbor supports a rich and extensive population of hard clams (Fig.
1-1, p.40) and small populations of bay scallops, soft clams and blue mussels.
The hard clams are widely and thickly distributed throughout the harbor. The
scallops are thinly scattered in the eel grass beds on the west side of the harbor.
Although this is a small population that is rarely important for recreational
harvesting, it is important as a breeding stock, in part because of the protection
afforded by the healthy eel grass bed.
Little Narragansett Bay also contains a rich and extensive population of hard
clams, and, in some years, an extensive bay scallop population. There are some
lesser populations of soft clams, oysters and blue mussels. The hard clams are
widely and thickly distributed. The scallops are usually limited to the area near
Barn Island in the eastern part of the bay. In recent years Little Narragansett Bay
has lost its major eel grass beds, which has adversely affected the production and
survival of juvenile scallops.
3. Shellfish Management and Resource Status in Stonington
Harbor and Little Narragansett Bay
The Connecticut Department of Agriculture, Bureau of Aquaculture (DA/BA)
and the Stonington Shellfish Commission regulate shellfish harvesting in
Stonington Harbor and the Connecticut portion of Little Narragansett Bay. State
Statutes and local regulations are enforced by conservation officers of the
Connecticut Department of Environmental Protection, the Stonington Police
Department and the Stonington Shellfish Commission's Warden.
Currently, the water quality in Stonington Harbor and Little Narragansett Bay
does not allow the taking of most shellfish for direct human consumption. This
prohibition extends back to 1948, when the CollneetlCUt Department of Health
ordered the closure due to poor water quality. The only shclliish exempted from
this prohibition is the bay scallop, which may he taken Im direct human
consumption provided only the aductor muscle is consumed.
The Stonington Shellfish Commission and DA/BA conduct extensive water
quality tests at locations throughout Stonington I larbor and Little Narragansett
Bay (Fig. 1-2, p.41), and use this information as a hasis for determining the
shellfish growing water classifications (Flo. 1-3, 1 .42).
The Stonington Intelligencer Page 37 of 38
A. Stonington Harbor. The Anchorage Area, which encompasses most
of the harbor, is classified as Conditionally Restricted Relay. This
classification means that DA/BA licensed shellfish operations may
harvest shellfish for depuration (cleaning) from November 1 -March
31. During the boating season this area is closed to all shellfishing
activity. That area of Stonington Harbor- located within a 1,000ft.
radius of the sewage outfall from the Stonington Borough Wastewater
Pollution Control Facility at the town dock is classified as Prohibited,
which means that no shellfishing of any Kind is permitted.
B. The remainder of Stonington Harbor, the entrance to Little
Narragansett Bay and the bay itself are classified as Restricted Relay,
which means that DA/BA licensed operations may harvest shellfish
for transfer to Approved areas for natural biological purification.
C. Scallops may be harvested for direct human consumption during
the prescribed season as set by the Stonington Shellfish Commission,
so long as the aductor muscle only is consurned.
4. Current Shellfishing Activity in Stonington Harbor and Little
Narragansett Bay
A. Stonington Harbor.
Currently there is no commercial shellfishing activity in Stonington
Harbor or at the western entrance to Little Narragansett Bay. In the
past, however, the Stonington Shellfish Commission has permitted
DA/BA licensed operations to harvest shellfish in Stonington Harbor.
In 1995, the Shellfish Commission began placing seed scallops in the
eel grass bed in the west part of the harbor to enhance the breeding
stock. In addition, the Shellfish Commission leas made arrangements
to use several docks in the harbor for aquaculture experiments.
B. Little Narragansett Bay.
Since 1998. the Shellfish Commission has permitted I)A/BA licensed
operations to harvest shellfish in the western part of Little
Narragansett Bay. The eastern part of the bad Is the traditional
location of Stonington's recreational scalloping Activity. Good scallop
seasons generate much excitement, but L1nlnrtUnately. they are
becoming rare. This area appears to be particularly sensitive, thus it is
being preserved for eel grass and scallop enhancement projects. In
1998, the Shellfish Commission participated in an extensive study of
The Stonington Intelligencer Page 38 of 38
the distribution of submerged aquatic vegetation in the bay. The
results of this study will be used as.a basis for future restoration
projects.
5. Future Shellfishing in Stonington Harbor and Little .
Narragansett Bay
The Stonington Shellfish Commission wishes to see all waters in the Town of
Stonirigton,open to the harvest of shellfish for direct human consumption,
including Little Narragansett Bay and Stonington Harbor. This' is a longterm .,
goal and the Shellfish Commission will continue to collaborate with other
commissions and agencies to achieve it.
The recent water quality data from Little Narragansett Bay indicates that there'is '
great hope for reopening a portion of the bay to the'recreational harvesting of
clams. The Shellfish'Commission has initiated a water sampling program to meet'
DA/BA reopening requirements. The presence of a significant number of moored
or anchored boats would greatly hinder the efforts to use to this area for
recreational shellfishing.
Reopening'Stonington Harbor to recreational clamming is a much greater.
challenge because of the outflow from the sewage treatment,plant and the large
number of moored boats. Currently, re,opening'the harbor is not a high Shellfish
Commission'priority. However, the valuable hard clam resource in the harbor can
benefit Stonington's recreational shellfish beds.'Although the Shellfish 4
Commission has no specific plans at this time, a commercial harvester could
remove the clams from the harbor, depurate them, and place them on-the
recreational beds. The Shellfish and Stonington Harbor Management
Commissions will cooperate to ensure that'access to this valuable resource is
protected.
Shellfish Chart 91 (not available)
Shellfish Chart #2 (not available)
Shellfish Chart #3 (not available)
Page 1 of the State Harbor Management Commission Statute (not available)
Mooring regulations
(as of January 2002)
State Waters
Anyone can put a mooring in state waters provided it is not a hazard to navigation.
Generally, the towns have jurisdiction within 1500 feet from shore with regard to moorings. No
permit is required, however if the mooring poses a navigation hazard, the town may remove the
mooring. Beyond 1500 feet the coast guard has jurisdiction.
Mooring Regulations by Town (Suffolk County)
Babylon-No moorings in the town waters -jurisdiction is under the villages
Amityville Village -No moorings allowed
Babylon Village -No moorings allowed
Lindenhurst Village -No moorings allowed
Brookhaven- Permit required in Town waters. When applying, a description of the mooring
system must be given including the type and weight of the anchor and the length of chain and the
type and the size of the mooring buoy. A copy of the registration or documentation and title of
the vessel to be moored must also be provided. Moorings maybe in place from March I"to
November 30`h. Permits may be issued without seasonal restrictions at the discretion of the
Director of the Division of Environmental Protection of the Town of Brookhaven. Permits are
issued on a yearly basis. Permit application available on Brookhaven Town web site.
Easthampton - Permit required in Town waters. No jurisdiction outside town waters. Moorings
are given to individuals (residents) in Northwest Creek, Three Mile Harbor, Accabonac Harbor,
Napeague, Georgica Pond, and Lake Montauk. Applications are available from the Town
Trustee's office. Sailboats greater than 20 feet and motor boats greater than 25 feet must be
moored in the designated area in Three Mile Harbor. Smaller vessels may be moored in other
designated areas in Napeague Harbor, Accabonac Harbor,North West Creek, and Georgia Pond.
Mooring specifications are indicated for the larger vessels, none for the smaller vessels.
Huntington- Permit required in Town waters. The Villages of Northport and Lloyd Harbor have
jurisdiction in their areas respectively. For other areas, the town has a chart that gives the size of
the anchor, chain, rope and buoy required based on length of the vessel to be moored.
Lloyd Harbor - Permit required. Permits are under the jurisdiction of the Harbor Master
The mooring must be placed by one of 4 licenced mooring operators who decide which
size mooring to install. Yearly renewal $200 Non Resident; $25 Resident
C
Northport- Operates through local marinas - must contact a marina for a mooring
Islip -No Moorings allowed in Town waters.
Riverhead -No permit required, currently no restrictions. The Town may be considering a
permitting process.
Shelter Island- Permit required in Town waters. Permit applications are available from the
Town Clerk's office. Vessels over-12 feet may have a stake/pulley system or a mooring system.
Vessels under,12 feet that were on stake/pulley systems prior to 1990 are considered pre-existing
and may be renewed annually to the same owner for the same boat. The permit is non
transferrable between owners or for any other boat less that twelve feet. There is no written
guidelines as to mooring size, the Town code just states that the mooring system must be
sufficient to hold the vessel. Moorings or stake/pulley systems are not allowed in the following
creeks: Congdon's Creek, Dickerson Creek, Gardiner's Creek, Crab Creek, or in designated
anchoring areas. Moorings are allowed in Dering Harbor, Coecles Harbor, West Neck Creek,
West Neck Harbor, West Neck Bay, Menantic Creek, Gardiner's Bay, and Smith's Cove.
Permits are issued to marinas (Coecles, Dering) and yacht clubs (Dering) and to individuals.
Smithtown- Permit required in Town waters. No limits on size of vessel. The Town has a set
of guidelines for mooring size based on depth of water and length of vessel.
Southampton- Jurisdiction in creeks only. Permit Required in Town waters. Moorings are
generally allowed anywhere and given on an individual basis to any homeowner who wants a
mooring and provided that they follow the "rules" for mooring design and that the area is not
saturated with moorings.
Bullhead Bay has a number of moorings that are used by a combination of private
individuals and the Bullhead Bay Yacht Club (all storm moorings only, meaning they are to be
used to moor vessels during storms to avoid damage to dock facilities). There are some
individual moorings in Flanders Bay. Sag Harbor has a mooring field that is a combination of
the Incorporated Village (Behind the Jetty) and the Town of Southampton(Sag Harbor Cove) to .
individuals. Red Creek Pond (individuals). Mill Creek, Every creek in Southampton Town.
North Sea Harbor, Noyak Creek, Wooly Pond, Fresh Pond, Red Creek, Mill Creek, and Noyak
Creek all have waiting lists.
Southold -No written policy. The Town has jurisdiction in creeks only. Any creek can have a
mooring and are issued to individuals (residents only). People apply for a permit and are told
where their mooring will be, how big a mushroom anchor they need to get, when they can have
the mooring in and when it must be removed. Boats over 35 feet can not be on a mooring. All of
the creeks are currently full and there is a waiting list: Permits are renewed on a yearly basis.
Incorporated Village of Lloyd Harbor
Suffolk County. New York
D HAJI VILLA GE OFFICES
32 MIDDLE HOLLOW ROAD Leland M.Hairr
HUNTINGTON,NEW YORK 11743 Mayor
—x (631)549-8893 Knstl King
Fax(631)549-8879 Clerk-Treasurer
HARBOR CONTROL COMMISSION
REGULATIONS FOR OPERATION OF VESSELS IN LLOYD HARBOR
In order to share the waters of Lloyd Harbor safely and equably among all interested parties,the
following regulations are In force:
a. The Harbor is divided into a Channel,two Anchorages, a Transient Anchorage. a Ski Area
and the Inner Harbor as shown on the chart on the back of this sheet.
b. All vessels over 16' in length anchored, and all vessels moored or rafted outside of the
Transient Anchorage must display a current Harbor Use Permit decal showing that their
operators have obtained a Use Permit from the Harbor Master. Boats without Use Permit
decals will be ticketed.
c. No vessel may anchor or moor in the Channel or Water Ski Area nor be on a mooring in the
Transient Anchorage.
d. A 5 knot speed limit applies everywhere except in the Water-Ski Area when towing skiers.
NOTE: Jet skiers are not water skiers and must obey the limit.
e. Overnight occupancy is prohibited within 300' of m.h.w. and west of the end of the Channel
(in the Inner Harbor). Overnight rafting is limited to 3 boats on a mooring or anchor
f. Propulsion of any vessel except by hand or sail is prohibited within the Inner Harbor without
a permit such as for a dock, mooring, shellfishing, etc.
g. An% vessel anchored or on a mooring without visible evidence of a current Use Permit will be
ticketed (just like an Illegally parked car).
h Vessels on a Club Mooring are not required to have a Use Permit but must observe the
overnight rafting limit and fly the Club burgee.
i. Lloyd Harbor is a New York State designated "No Discharge Zone"and marine sanitation
devices must be secured to prevent discharge in the harbor.
The Harbor Patrol will monitor Channel 16 when on duty to respond any calls from boats needing
assistance.
Copies of the complete Waterwa,,s Law may be obtained from the Village Clerk. Your
cooperation will ensure a pleasant boating season for all.
Frederick J. Dolan. Harbor Master
r
LLOYD HARBOR REGULATED AREAS
5 KNOTS
SPEED 'LIMIT
SPECIAL PERMIT REQUIRED
West of This Sign To:
1 . Operate Under Power:
2 . Moor or Anchor a Boat
Over 16 Ft. Long.
INORTH HUNTINGTON BAY
r
ANCHORAGE
WATER I
SKIING
AREA
i A N-Z
1_'p�r iv CHANNEL
_ —�
G-� f ®C 3
INNER HARBOR SOUTH ` ,� LLOYD HARBOR
ANCHORAGE ' TRANSIENTS LIGHTHOUSE
I ANCHORAGFy
I � dV
300' ,C)""'E AREA
SOUTHDOWN RC
BULKHEAD
R
p ✓ i ilc�
t �
BOATS AND BOATING
§ 67-2
Chapter 71
1 or other place of
y in possession of BOATS AND BOATING
nable cost for the
,;e is released.
§71-1. Purpose.
§71-2. Applicability.
§ 71-3. Definitions.
§71-4. Mooring and anchoring.
§71-5. Deposit of refuse into waters or on beaches.
§71-6. Hazards to navigation.
§71-7. Speed limits.
§ 71-8. Areas of operation.
§71-9.
Tying of vessels in bathing or swimming areas.
§ 71-10. Operation not to disturb or endanger others'.
§71-11. Operation while intoxicated.
§71-12. Use of muffler.
rig §71-13. Commercial operation of vessels.
§71-14. Special permits for handicapped persons.
§71-15. Special permits for aquatic events.
§71-16. Skin diving,weapons.
§71-17. Water skis and surfboards.
§ 71-18. Enforcement.
§ 71-19. Display of decal or other device.
§71-20. Permit fees.
7101
§ 71-2 § 71-3 BOATS AND BOATING § 71-3
Trustees of the § 71-3. Definitions.
icle 12 of L.L. No. As used in this chapter, the following terms shall have the
able.] meanings indicated:
ANCHOR or ANCHORING— The attachment of or to '
attach a vessel to the ground by means of equipment so
designed that, when such attachment is terminated, the
equipment in its entirety is removed from the ground
and taken under the control of the vessel.
DESIGNATED WATER SKI AREA— That area as
nt to § 46-a of the designated, from time to time, by resolution of the Board
necessary in order
of Trustees. [Added 11-21-1994 by L.L.No.2-19941 ,
fishing and other HARBOR MASTER—The person designated as such by
logical values and the Board of Trustees or any of his/her duly appointed
quable enjoyment deputies.
m
aflood,, fire,the
7 from
INNER HARBOR—That portion of Lloyd Harbor lying
from flood,
;t the inhabitants west of the western end of the Channel. [Added
_ 11-21-1994 by L.L.No.2-1994]
vapor, gas, dust, � '
t the good order, LLOYD HARBOR—The body of tidal water lying west
welfare of the of a line connecting the Lloyd Harbor Lighthouse and
y; and to protect Nun 2 marking the entrance of said harbor extended
north and south and lying within the boundaries of the
Incorporated Village of Lloyd Harbor. [Amended
1-22-1991 by L.L.No. 1-19911
LLOYD HARBOR CHANNEL— That portion of Lloyd
s of the United Harbor lying west of the Lloyd Harbor Lighthouse and
ded herein, the bounded by a line projected two hundred eighty degrees
)ly to all waters (2800) true passing through Nun 4; and a parallel line to
. the village to a the south passing through Can 3; and a line running
0) feet from the true north at a distance of one thousand five hundred
5 of this chapter (1,500) meters [one thousand six hundred forty (1,640)
igton Harbor or yards] west of the Lloyd Harbor Lighthouse. Said
'ly boundary line reference points are those shown on United States Coast
Bay lying to the and Geodetic Survey Charts for purposes of navigation.
ie of this village
i Bay from West MOOR or MOORING—The attachment of or to-attach a
= vessel to a pier or dock or other structure; or the
7103 12-10-94
fir=;.F, '
' b �nfxko,�.r�vp�# (�jy�s- ",`F, ' I ; •¢. .r f• ., i-t'�'`"
�� o`i � r. r �� '�I',. V ``�y ,y vt% Ir (ia�f''h Fq 1p•-
3 .
f
II
§ 71-3
§ 71-3 LLOYD HARBOR CODE § 71-3
VESSEI
attachment of or to attach a vessel to the ground by feet froi
means of equipment so designed that, when such measur(
attachment is terminated, some portion of the equipment I by, L.L.
;'. remains attached to the ground and is not taken under
the control of the vessel.
ori
MOORING AREA—That portion of Lloyd Harbor lying § 71-4. .L
.L
L.L. Z
north of the Channel, west of East Beach and east of the 1-19-1!
designated water ski area and that portion lying south of
i the Channel, west of the transient anchorage area and A. The loc
' east of the west end of the Channel. [Added 11-21-1994 anchori
by L.L.No.2-19941 by the I
OWNER— Includes the person in whose name the B. The Ha
vessel was last registered in accordance with the to issue
provisions of the Federal Boating Act, as amended, or upon v<
the laws of the State of New York, if requiring operato
registration, and in any other case the last known owner, extendi
or the person who claims lawful possession of such vessel the per
by virtue of legal title or equitable interest therein which such al
entitles said person to such possession., race,
RAFT or RAFTING—To secure two (2) or more vessels residen
to each other so that they share attachment to a mooring seved
several
or anchor. [Added 1-19-1988 by L.L.No. 1-19881 ' obtain
SHIN DIVING— Includes the use by any person of any C. Each v
underwater breathing apparatus similar in function to current
an Aqualung but shall not include bona fide salvage Master
operations displaying proper signals.
SWIMMING AREA— An area designated as such by (1) N((
signs,lifelines or buoys. sil
of
TRANSIENT ANCHORAGE AREA — That area [A
designated from time to time by resolution of the Board (2) N(
of Trustees. [Added 11-21-1994 by L.L.No.2-19941
. sig
iL VESSEL— Includes all craft intended to carry persons de
or materials at any time during the use thereof in, on or ev
under water.
:1f -
�! 7104 12-10-94
t
it F-n - .r e-Tw-rm— .. +.1---. _ ... .- .—. T .S�• Ye{
§ 71-3 BOATS AND BOATING §71-4
VESSEL REGULATION ZONE—The area within 1,500
feet from the shoreline of the Village of Lloyd Harbor
measured from the low-water mark. [Added 10-15-2001
by L.L.No.3-20011
I
§ 71-4. Mooring and anchoring. [Amended 6-18-1984 by
L.L. No. 1-1984; 3-16-1987 by L.L. No. 4-1987;
1-19-1988 by L.L.No. 1-19881
A. The location and types of mooring facilities and the
anchoring of vessels in Lloyd Harbor shall be regulated
by the Harbor Master.
B. The Harbor Master is hereby authorized and empowered
to issue written use permits pursuant to Subsection A,
upon written application by the owner, charterer or
operator responsible for a vessel, for periods not
extending beyond the end of the calendar year in which
the permit is issued, provided that in acting upon any
such application, no consideration shall be given to the
race, color, creed, sex, nationality, citizenship' or
residence of the applicant. Application may-be made by
individuals or by clubs or associations, representing
several individue provided that a separate permit is
obtained for each vessel.
C. Each vessel governed by a use permit shall display a
current decal or other device as specified by the Harbor
Master,and:
(1) No vessel shall be attached to a dock or a mooring,
singly or in a raft, in Lloyd Harbor unless evidence
of the issuance of a use permit is displayed.
[Amended 1-22-1991 by L.L.No. 1-19911
(2) No vessel over 16 feet in length shall be anchored,
singly or in a raft, in Lloyd Harbor outside of the
designated transient anchorage area unless
evidence of the issuance of a use permit is displayed.
7105 12-15-2001
§ 71-4 LLOYD HARBOR CODE § 71-4
(3) No vessel over 16 feet in length, though properly
moored or anchored, shall be occupied between two
hours past sundown and one hour past sunrise: a
(a) Within 100 yards of the mean high-water line.
(b) Within the inner harbor west of the western
end of the Channel.
(c) If rafted together with more than two other
vessels.
D. No mooring shall be placed,and no vessel shall anchor:
(1) Within the boundaries of the Channel or within 50
feet thereof.
(2) Within the boundaries of the water ski area or
within 50 feet thereof.
(3) Within 50 feet of any other vessel on a mooring or at
anchor.
(4) Within 50 feet of an unoccupied mooring marked by
a buoy, a navigation aid, a swimming area marked
by safety lines,a dock,pier or float.
E. No mooring shall be placed within the transient
anchorage area or within 50 feet of the boundaries
thereof.
F. The Harbor Master may issue a use permit for
placement of a mooring in Lloyd Harbor to a yacht club
or other noncommercial boating association, provided
that:
(1) No more than 12 such club mooring permits are
issued. [Amended 5-15-2000 by L.L.No.3-20001
(2) Club moorings are designed to hold a raft of 30
average cruising vessels in a wind gust of 30 knots.
(3) Club moorings are placed south of and 200 feet to
500 feet distant from the Channel boundary.
7106 12-15-2001
§ 71-4 BOATS AND BOATING § 71-6
(4) No other moorings shall be placed nor vessels
anchored within 200 feet of a club mooring.
(5) Each club mooring shall be attached to a prominent
buoy clearly marked with the designation of the
permit-holding organization.
(6) Individual vessels attached to a club mooring shall
not be required to display a use permit decal.
G. All floats shall be anchored or moored in such a way as to
be secure at all times and under all conditions, and such
anchoring and mooring shall be subject to regulation by
the Harbor Master.
H. The preceding subsections notwithstanding, a vessel
may anchor or moor in any portion of Lloyd Harbor if
compelled to do so by a temporary disability and then
only during the period of such disability or by an
emergency arising out of the perils of the : a and then
only during such emergency.
§ 71-5. Deposit of refuse into waters or on beaches.
No person shall cast, deposit, dump, discharge or place or
cause or suffer to be cast, deposited, dumped, discharged or
placed any oil, garbage or refuse matter of any kind into any
waters or on any beach of the Village of Lloyd Harbor.
§ 71-6. Hazards to navigation.
Any vessel (including for the purposes of this section a
rowboat or skiff regardless of the manner in which it may be
propelled) or any other object which becomes a menace to
navigation or unseaworthy or sinks, grounds or becomes
otherwise disabled shall be removed by the owner or person in
charge thereof on order of any enforcing officer described in
§ 71-18 of this chapter. If said vessel or other object is not
removed after an order so to remove it, it may be removed by or
at the direction of such enforcing officer at the expense of the
7107 12-15-2001
§ 71-6 LLOYD HARBOR CODE § 71-8
owner or person in charge of said vessel,to be enforced by civil A
suit, such expense to be in addition to such penalties as may be
prescribed or imposed under this Code' or the laws of the State
of New York. i
§ 71-7. Speed limits. [Amended 3-16-1987 by L.L. No.
4-1987; 3-20-1989 by L.L. No. 2-1989; 1-22-1991 by
i
L.L.No. 1-1991]
A. No vessel shall be operated at a speed in excess of 45
miles per hour in any waters as defined in §71-2 or as
further limited by Subsection B of this section.
B. No vessel shall be operated at a speed in excess of five
miles per hour in any part of Lloyd Harbor, as defined in
§ 71-2, except within the designated water ski area; and
no vessel, unless propelled exclusively by hand or sail,
shall be operated at a speed in excess of five miles per
hour in:
(1) Any portion of Huntington Harbor and Huntington
Inlet within the boundary lines of the Village.
(2) Any portion of the Lloyd Point Sandspit.
(3) Any portion of Cold Spring Harbor within 300 feet of
the mean high-water shoreline.
§ 71-8. Areas of operation. [Amended 3-16-1987 by L.L.
No.4-19871
A. No vessel shall be propelled by other than hand or sail in
the portion of Lloyd Harbor west of the Lloyd Harbor
Channel, except: [Amended 1-22-1991 by L.L. No.
1-1991]
1 Editor's Note:See Ch.1,General Provisions,Art.II.
7108 12-15-2001
§ 71-8 BOATS AND BOATING § 71-8
(1) If such vessel for which a current use permit has
been issued is approaching or departing from a
permit-related mooring or dock; i
(2) If the operator of such vessel is actively engaged in
shellfishing under a permit issued by the Town of
Huntington;or
(3) If the operator of such vessel is a certified
handicapped person and has obtained a special
permit under§71-14 of this chapter.
B. No person shall operate or drive any vessel propelled
other than by hand within 100 feet of any lifelines or
bathing float or if there are no lifelines or bathing float,
then within 200 feet of any beach used for bathing or
swimming, except at inlets or where a channel affording
entrance to a harbor approaches the lifelines, bathing
float or beach, as the case may be, closer than such
applicable distances.
C. The Board of Trustees, by resolution, may adopt rules
and regulations restricting or prohibiting the use and
operation of certain motor-driven vessels in the water ski
area which,by reason of their size,length, displacement,
design or power plant,are determined to be hazardous to
public safety and to interfere with the proper and
reasonable enjoyment of the harbor. [Added 1-22-1991
by L.L.No. 1-19911
D. No vessel shall be operated in the water ski area unless
it displays a valid ski use permit issued by the Harbor
Master. The cost of such ski use permit shall be
determined by resolution of the Board of Trustees.
[Added 1-22-1991 by L.L.No. 1-19911
E. All personal watercraft and specialty prop-craft shall be
prohibited from operating within the Vessel Regulation
Zone; provided, however, that nothing contained in this
article shall prevent a personal watercraft and/or
specialty prop-craft of the adjacent upland owner, or of
any other person with the permission of the upland
7109 12-15-2001
§ 71-8 LLOYD HARBOR CODE § 71-11
owner, from departing from, returning to, or beaching at
the shore of such owner, but only if they depart and
continue to travel perpendicular to the shore until they
are beyond the fifteen-hundred-feet limit, and if they are
not within 150 feet of any beach used for bathing and
swimming and marked as such, and further provided
that they shall travel at a speed not to exceed five miles
per hour.,[Added 10-15-2001 by L.L.No.3-20011
§ 71-9. Tying of vessels in bathing or swimming areas.
No person shall tie a vessel_ to the lifeline designating a
bathing or swimming area.
§ 71-10. Operatiow not to disturb or endanger others.
Every person operating or driving a vessel and every person
riding water skis, a surfboard or similar device shall at all
times operate the same in a manner (including, without
limitation, the throwing of its wake) so as not to disturb or
endanger the property of another or the life or limb of any
person or so as to interfere with the free and proper use of the
waters of any channel affording entrance to a harbor.
§ 71-11. Operation while intoxicated.
No' person shall operate or drive any vessel while in an
intoxicated condition. Upon the trial of any action or proceeding
arising out of acts alleged to have been committed by any'
person charged with operating a vessel while in an intoxicated
condition, the court may, 'admit evidence of the amount of
alcohol in the defendant's blood taken within two hours of the
time of the arrest, as shown by a medical or chemical analysis
of his breath, blood, urine or saliva. For the purpose of this
section:
A. Evidence that there was five-hundredths of one per
centum (.05 of 1%) or less by weight of alcohol in such
7110 12-15-2001
§ 71-11 BOATS AND BOATING § 71-11
person's blood shall be prima facie evidence that the
ability of such person to operate a vessel was not
impaired by the consumption of alcohol and that such
person was not in an intoxicated condition.
B. Evidence that there was more than five-hundredths of
one per centum (.05 of 1%) but not more than seven-
hundredths of one per centum (.07 of 1%) by weight of
alcohol in such person's blood shall be prima facie
evidence that such person was not in an intoxicated
condition, but such evidence shall be relevant evidence
but shall not be given prima facie effect in determining
whether the ability of such person to operate a vessel
was impaired by the consumption of alcohol.
C. Evidence that there was more than .07 of 1% but less
than ten-hundredths
(Cont'd on page 7111)
7110,1 12-15-2001
M b
TOWN OF SHELTER ISLAND
38 NORTH FERRY ROAD - P.O.BOX 1549
SHELTER ISLAND,NEW YORK 11964-1549
DOROTHY S. OGAR ADMINISTRATIVE (631)-749-1166
TOWN CLERK FAX NUMBER (631)-749-3436
Chapter 90
MOORINGS
§ 90-1. Titie
§ 90-2. Purpose.
§ 90-3. Statutory authority.
§ 90-4. Definitions.
§ 90-5. New permits.
§ 90-6. Renewal permits.
§ 90-7. Exemptions.
§ 90-8. Priority locations.
§ 90-9. Rules and regulations.
§ 90-10. Additional rules and regulations.
§-90-11. Restricted waters.
§ 90-11.1. Waiting list for Dering Harbor.
§ 90-12. Severability.
§ 90-13. Penalties for offenses.
§ 90-14. When effective.
[HISTORY: Adopted by the Town Board of the town of Shelter Island 5-10-1996
by L.L. No. 8-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and parks-See Ch. 36.
Boats-See Ch. 40.
Docks-See Ch. 53.
Waterways-See Ch. 128.
§ 90-1. Title.
This Chapter shall be known as the "Town of Shelter Island Mooring Law."
§ 90-2. Purpose.
' The purpose of this Chapter is to maintain and permit the just and orderly
placement of moorings and stake, mooring and pulley systems in the waters of the
Town of Shelter Island for the purpose of safeguarding the public. Fees collected
herein will be used to cover administrative costs and the' costs associated with the
management of Town waters.
§ 90-3. Statutory authority.
This Chapter is adopted as a local law pursuant to the authority of the
Municipal Home,Rule Law.
§ 90-4. Definitions.
As used in, this chapter, the following terms shall have the meanings
indicated:
BOAT or VESSEL - Any floating object capable of being used as a means of
transportation in water, including any airplane capable of landing on water as well
as any floating structure, with or without means of propulsion that can be moored
independently or must be secured by any means to a piling, dock, bulkhead, groin or
other fixed devices located above or below the mean high water mark. This
definition shall not apply to any water control device or structure for which a permit
is issued under Chapter 53 of the Town Code.
BOATYARD - A commercial facility for maintenance, construction and/or
repair service for any' type of watercraft, with or without provision of supplies,
storage, fueling, or the retail sale of boats, motors and marine equipment.
CHANNEL - Water areas specifically reserved for unobstructed movement of
vessels which may be marked in water by aids to navigation permitted by the U.S.
Coast Guard and/or the State of New York and/or the Town of Shelter Island. .
COMMERCIAL VESSEL - Includes a boat or vessel from which the owner
obtains a substantial portion of his income which is registered as a commercial
vessel with New York State or the U.S. Coast Guard and/or whose owner has a
commercial fishing or commercial shellfishing license.,
FAIRWAY - Any designated 'and/or maintained water area reserved for
unobstructed movement of vessels including an'area of at least twenty-five (25') feet
in width adjacent to each side of any Federal Navigational Channel.
HOLDING MOORING - A mooring used by a boatyard/marina for the
hauling or launching of boats and not for rental purposes.
MARINA - Premises for the berthing of watercraft for compensation, as,
either a principal or accessory use.
MOOR OR MOORING - When used as a verb shall mean the attachment of,
or-to attach, a vessel to the ground by means of a tackle so designed that some
portion of the tackle remains attached to the ground and is not taken under the
control of the vessel. When used as a noun shall mean any mooring buoy, together
with an anchor and connecting lines, of any material used to moor a vessel.
NON=RESIDENT - Includes all persons not residents of the Town of Shelter
Island.
OWNER - Includes the person in Whose name a boat or vessel is registered
with a state or documented with the U. S. Coast.Guard or, in any case, the-last
known person claiming lawful possession of such vessel, either through legal title or
equitable interest therein; also includes a person who operates seasonal charters or
who leases a boat.
PERMITTEE - A person holding a mooring permit.
PERSON - Any individual, and/or that person's spouse, firm, partnership,
trust, corporation, company, association or organization.
PLEASURE VESSEL - Includes all boats or vessels other, than commercial
vessels.
PRIVATE MOORING - A mooring used for a specifically identified vessel
owned or chartered'by the person in whose name the mooring is registered with the
Town. Such mooring may also be used by vessels belonging to the owner's
immediate family or guests.
RENTAL MOORING - A mooring that is rented for cash or kind to other
than the person to whom the mooring is registered with the Town. ,
, RESIDENT - Includes any person and/or that person's spouse who has
actually and continually resided in the Town of Shelter Island for a period of not
less than six (6) months immediately preceding their application for a permit
hereunder and/or an owner of real property or his/her spouse, situate in the Town of
Shelter Island. [Amended-4-4-1997 by L.L. No. 5-1997]
,RIPARIAN RIGHTS - The right of an owner of upland property adjacent to a
body of water to reasonable access to and use of such water. : ,
STAKE, MOORING AND PULLEY SYSTEM - A system consisting of a
stake on shore and a mooring in water connected by lines and/or pulleys.
TOWN - The Town of Shelter Island.
TOWN BOARD - The Town Board of the Town of Shelter Island.
TOWN CLERK - The Town Clerk of the Town of Shelter Island.
TOWN WATERS - All waters and lands below the mean high water mark
over which the Town of Shelter Island has jurisdiction.
WINTER 'STAKE - A marker which replaces a mooring buoy during the
winter months.
§ 9075. New permits.
A. Any person applying for a permit under this Chapter must own a boat
and be at least sixteen (16) years"of age.
B. No person may install a mooring or a stake, mooring and pulley system
in any Town Waters without obtaining a permit from the Town Board.
C. Applications for moorings or stake, mooring and pulley systems shall
not be accepted for the following types of boats:
(1) Boats under twelve (1.2') feet; Permits for stake, mooring and
pulley systems issued under Chapter 53 of the Town Code prior to the adoption of
this section, for boats under twelve (12) feet in length, shall be deemed pre-existing,
and may be issued permits under Chapter 90 of the Town Code, after a duly held
public hearing and approval of the Town Board, providing that the owner of said
system is using the same boat. Any such permit shall not be transferable to any
other person or entity and shall not be valid for any, other boat of less than twelve
(12') feet; [Amended 12-8-2000 by L.L. No. 12-2000]
(2) Personal watercraft, including but not limited to jet skis and the
like;
(3) Sunfish and similar "board boats";
(4) 'Canoes, kayaks, rowing shells and paddle boats;
(5) Car-top boats of aluminum and other materials;
(6) Duck boats and duck blinds;
(7) ' Boats or vessels used as a permanent dwelling;
(8) Boats similar in design to the above.
D. Applications for permits shall be available from the Office of the Town
Clerk and shall include the name and address of the applicant, the vessel name, type
and size, proof of ownership of the vessel as may be required by the Town Clerk,
the hull identification number (H1N) for any vessel built after 1972, and the federal
identification number or the state registration number.
E. Each application shall be accompanied by a photograph of the boat and
a suitable map showing the proposed mooring position relative to no less than two
(2) fixed reference points. Each application shall also include a copy of the-current
boat registration or charter or lease agreement and the required fee of one hundred
twenty-five ($125.00) dollars for a private mooring or stake, mooring and pulley
system or two hundred ($200.00) dollars for a rental or holding mooring. [Amended
3-16-2001 by L.L. No. 4 - 2001]
F. Boatyards/marinas may apply for a maximum of two (2) holding
mooring permits.
G. -Only-one (1) permit shall be issued for each boat.
H. Revenues collected hereunder shall be applied primarily to the
administrative expenses of this Chapter and to projects associated with the
management, protection and enhancement of Town Waters and Town owned
underwater lands.
I. Each mooring or stake, mooring and pulley system shall require a
separate application and each shall be subject to a public hearing. -
J. Upon approval by the, Town Board, the Town Clerk shall issue a
permit for a term of three (3) years.
K. It shall be the permittee's responsibility to place the mooring or stake,
mooring"and pulley system in the location approved by the Town Board within nine
(9) months of the issuance of the permit. Failure to do either.may result in the
voiding of the permit. In that event, the owner shall be refunded that portion of the
fee proportional to the voided period of the permit.
L. Notwithstanding the foregoing, the Town Board reserves the right to
relocate any mooring or stake, mooring and pulley system if it determines after a
public hearing that the present location is inconsistent with the purposes of this
Chapter.
y M. A private mooring permit granted by the Town Board pursuant to this
Chapter shall not be rented, assigned or transferred.
N. In the event the, permittee is a business which is conveyed, any rental
mooring permits held by that business shall not be assigned or transferred to the new
owner without approval of the Town Board after a public hearing, who shall give
due consideration to, among other things, the safety of the public, the condition of
marine life in the area and the availability of mooring space as may exist in that
location at the time of the proposed assignment or transferal.
O. Acceptance of a permit shall constitute an agreement that the permittee
will hold the Town of Shelter Island and its authorized representatives completely
blameless for any liability in connection with the mooring of his boat or vessel, nor,
is the Town responsible for the loss, damage or theft to boats and/or their contents
nor to any other private property.
P. Any mooring or stake, mooring and pulley system maintained in Town
Waters without a permit issued by the Town Board or not in full compliance with all
the provisions of this Chapter, shall be removed forthwith by the owner or person in
charge thereof on order of the Town Board. If said mooring or stake, mooring and
pulley system is not removed within thirty (30) days after written notice to remove it
has been sent to the owner, or if notice cannot reasonably be given after diligent
effort is made to effect such notice, said mooring may be removed by or at the
direction of the Town at the owner's expense.
§ 90-6. Renewal permits.
A. Applications for renewal permits, may be obtained from the Office of
the Town Clerk.
B. A permit may be renewed for additional three (3) year term(s) without
finther Town Board approval so long as:
(1) The permit is renewed prior to the end of each three (3) year
term, or within three (3) months -thereafter. An affidavit form requesting an
extension of the aforementioned renewal period for an additional three (3) months
may be obtained from the Office of the Town Clerk. The completed affidavit and
any additional information requested by the Town Clerk must be filed with the
' Town Clerk prior to the expiration of the renewal period.
(2) There is no change,from the original application requiring Town
Board action under this Chapter.
(3) If ' the 'application for renewal is - submitted later than 'the
aforementioned three (3) months, the existing mooring permit shall be considered
null and void. In such event, the Town Board may issue a new mooring permit for
that'location either to the original permittee or to another applicant. If a new permit
is issued to someone other than the original permittee, said , permittee must
immediately remove the existing mooring or stake, mooring and pulley system. If
said mooring or stake, mooring and pulley system is not removed within ten (10)
days,after written notice to remove it has been sent to the owner, or if notice cannot
reasonably be given after diligent effort is made to effect such notice, said mooring
may be removed by or at the direction of the Town at the owner's expense.
(4) Applicants for renewal of a permit,must provide the Town Clerk
with proof that the permittee or the permittee's spouse owns the same boat as
described on the permit. Applications shall be accompanied by a copy, of the
current boat registration or charter or lease agreement, a photograph of the boat and'
any other information requested by the Town Clerk. Each application shall also
include the required fee of one hundred five ($105.00) dollars for a private mooring
or stake, mooring and pulley system or one hundred eighty ($180.00) dollars for a
rental or holding mooring. [Amended 3-16-2001 by L.L. No. 4 - 2001]
(5) Applicants for renewal of a permit for any mooring located in a
grid of a boatyard or marina as defined herein, or the Shelter Island Yacht Club
must submit a map superimposed on a navigational chart enlarged ten (10) times, or
a survey, showing the locations of all moorings in their grids and the individual
mooring numbers. Each application shall also include the required fee of one
hundred eighty ($180.00) dollars for each such mooring. [Amended 3-16-2001 by
L.L. No. 4 - 2001]
§ 90-7. Exemptions. [Amended 5-31-1996 by L.L. No. 9-1996]
A. Boatyards and marinas as defined herein which are in existence prior to
the enactment of this Chapter, and the Shelter Island Yacht Club, are exempt from
the requirement that a permit be issued for a specific boat or vessel.
B. A riparian owner who does not have a mooring permit pursuant to this
Chapter may be issued a mooring permit without the requirement of owning a
specific boat or vessel, at the discretion of the Town Board.
§ 90-8. Priority Locations.
Requests for a particular location or area of Town Waters will be treated in
accordance with the following priority guidelines:
A. Riparian owners', who do not have a mooring permit, requests for
location immediately adjacent to their frontage;
B. Resident commercial vessel owners, who do not have a mooring
permit;
C. Resident pleasure vessel owners, who do not have a mooring permit;
D. Resident commercial businesses applying for a holding mooring(s),
who do not have a mooring permit;
E. Current permit holders applying for additional moorings;
F. Riparian owners who do not have a mooring permit pursuant to Section
90-7B herein. [Added 5-31-1996 by L.L. No. 9-1996]
§ 90-9. Rules and regulations.
A. No person shall moor any boat so as to endanger the safety of, or cause
damage to any other boat.
B. Each vessel secured by a mooring or a stake mooring and pulley
system shall be moored so that it shall be within the assigned channel, and not
within any area restricted by the Town.
C. Moorings and stake, mooring and pulley systems shall meet the
following minimum requirements:
(1) All mooring buoys shall be marked with a permit number.
(2) All stake, mooring and pulley systems shall be marked with a
permit number both on the stake and on the mooring.
(3) Rental moorings shall clearly be marked with an "R" plus the
permit number.
(4) Holding moorings shall clearly be marked with an "H" plus the
permit number.
(5) Permit numbers shall be not less than three (3") inches in height
and shall be clearly visible at all times between dawn and sunset.
D. , A winter stake shall be upright at all times and at not less than a forty
(40) degree angle with at least eighteen (18") inches of one end painted white and
exposed above the water. The pennit number shall be marked in black or other
contrasting color on the exposed, white end of the winter, stake in figures at least
three (3") inches tall.
E. All moorings shall be of appropriate size and weight, with chain or
rope in sound condition to properly secure the moored vessel, and the float attached
to the mooring line shall be of sufficient size and buoyancy to remain afloat when
not attached to the vessel.
F. Any boat or vessel moored in violation of any part of this Chapter or
the rules and regulations adopted by the Town Board pursuant to this Chapter, or
any boat, vessel or float or portion-of a stake, mooring and pulley system which
while moored, sinks, grounds or becomes'otherwise disabled or becomes so located
as to endanger life or property in any way or becomes a menace to navigation shall
be removed forthwith by the owner or person in charge thereof pursuant to the
provisions of Section 40-5 of the Town Code.
G. No ,person shall anchor a boat or vessel in any Town permitted
mooring area.
§ 90-10. Additional riles and regulations.
The Town Board reserves the right to enact additional rules and regulations
with respect to moorings and stake, mooring and pulley systems. Any permit
hereafter issued shall be issued subject to the permittee conforming to the rules and
regulations now in force and effect or that thereafter may be adopted by resolution
of the Town Board or amendment of this Chapter.
§ 90-11. Restricted waters.
A. No mooring or stake, mooring and pulley system pen-nits shall be
issued for the following Town Waters:
(1) Congdon's Creek
(2) Dickerson Creek
(3) Gardiner's Creek
(4) Crab Creek
(5) Any designated anchoring areas.
B. This section shall not apply to moorings and stake, mooring and pulley ,
systems already existing pursuant to a permit issued by the Town Board.
§ 90-11.1 Waiting list for Dering Harbor. [Added 4-28-2000 by LLNo. 2-2000]
A. A waiting list for moorings to be located under the waters of Dering
Harbor is hereby established, effective May 1, 2000.
B. A fee of$10 shall be paid to the Town Clerk for initial inclusion on the
list.
C. A renewal fee of $10 must be paid to the Town Clerk no later than
_May 1 of each year in order to remain on the list.
D. Riparian owners of real property located along the foreshore of Dering
Harbor who do not have a mooring permit will be given priority in the assignment of
moorings as they become available.
§ 90-12. Severability.
In the event that any portion of this Chapter is hereafter found to be invalid,
,such invalidity shall not affect the remaining portions of this Chapter.
§ 90-13. Penalties for offenses.
A violation of any provision of this Chapter shall be an offense against this
Chapter which shall be punishable by a fine of not more than Two Hundred Fifty
($250.00) Dollars or imprisonment for a period not exceeding fifteen (15) days-for
each offense, or by both such fine and imprisonment, and by the revocation'of any
permit hereunder held by any person found guilty of such violation.
§ 90-14. When effective.
This Chapter shall become effective immediately upon filing with the
Secretary of State.
TOWN OF HUNTINGTON
DEPARTMENT OF MARITIME SERVICES
MARINE DIVISION
53 New York Avenue
Ilun(inglon, New Yrnk 117,13
Phone- 351-17.55
MOORING AI'I'LIC'A"1ION
I'ERMII 10: I,AS'I NA�II,: FIRS I':
COMPANY:
L—I1.1—Y=— --- - -- — STATE: ZIP:
IIOME I'IIUNE:( _ ) ___ __- __SYURK PlIONE:( )
VGSSGI, REGIS'I RATION_ _ ----- -- - —DOCUMENTATION:
IIUI,L I.D. NUMBER: _
NAME OF VESSEL: — 1 YI'E VESSEL:
C_OLOR OF VESSEL: _ _ _— - _ _ 10I'S IUF,:
1'YPE OF DISCIIARCE --------- ----
MARINE IUIL[s"I': NUN[sIIOLUING TANK PORTA POI'7I
I'RIMARY_USE: COMMERCIAL:__ -------- _ _ RF,LRF,A'I'IUNAL:
FUEL USE: GASOLINE: _ I)IFSEL: FUEL CAPACITY:
MOORING SERVICE: PERSONAL: ___—_— CON1111ERCIAL:
AI'PRU)CIMA_I'E LOLA I IDN:
--------1 --- ---
- -- - ---- --------- - --------- -------
DA TE OF AI'I'LICA 1_IUN__ DATE OF APPROVAL:
DA I E OF FIRS 1' USIS: UA 1'F,O1 I2EMUVAI,
REGISTRATION - — —
EXPIRATION DA I-E _ _ I CER711,1' 711.17 7111:A ARINIi 7OILl_I ONBOARD
CoA11'I,II;,S' 117711 ALI, I.EPERAL,57,-171;S LOCAL
RESIDENT: / 111;5:
NON
RESIDEN'l:
FEI_,_ VESSEL OWNIslt:
MOORING INSPEC 1 OIL•
'I_OWN OFFICIAL:
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E ,r
FRANK R PETRONE, Supervisor
;��•Eesti '
DEPARTMENT OF MARITIME SERVICES
MARINE DIVISION
January, 2002
Dear Boater:
Enclosed is your 2002 mooring sticker, please place decal on port stern of
your vessel on the transom and paint mooring numbers on the mooring ball.
Sincet•ely, �= i
Iarold V A&er
Deputy Director/Sr Harbor Master
HVA pr
enclosure
File 02MR-Placement
53 NEW VORK AVENUE 0 HUNT1NGTON.NEW VORK 11743®(6311340-32r)5 m TFLFFAX(631)425-0621
PROCEDURE AFTER OBTA— NGMOORING PERMITS FROM TOWN CLERK'S
OFFICE
1. The Town Harbor master places a moorings in the mooring areas after they are inspected for
compliance with Ordinance requirements. When bringing moorings for placement;please have •,
cl n
buoy number on buoy and permit must be shown at that time. No buoys will be placed without
showing permit
J?
2. Please set up moorings as follows: �t
A.(Amended 3/8/881 All moorings m the Long Beach B[Amended 3/8/88]All moorings m the —`�1`17 /61
Mooring area shall utilize mushroom anchors having Nissequogue River shall utilize mushroom
a minimum weight in accordance with the following anchors having a i m inum weight ui
Table aoeordance with the following table
LENGTH OF MINIMUM WEGHT LENGTH OF N11M 4IMUMWEIGHI
VESSEL OVERALL OF ANCHOR VESSEL OVERALL OFANCHOR
RTF-T) (POUNDS) (FEET) (POIINDS)
0 to 16 100 0 to 16 100
17 to 20 125 to 150 17 to 20 125 to 150
21 to 25 150 21 to 25 200
26 to 30 200 26 to 30 250
31 to 35 250 31 to 35 300
Over 35 300 Ovar35 350
C All moorings shall have a maximum scope in accordance with the following table.
LP-NUM OF VESSk7. CHAIN" PI NANT•*
OVERALL (@'LSA)
(Feet) (feet) (Inches) ((ct) (Niches)
Under 20 30 1/4 6 S/8
20 to 30 30 5/16 10 1
Over 30 35 3/8 10 11/4
NOTES:
*The foregoing scope roquirements are based on an approximate depth of mean low water of three(3)to ten(10)
feet. For moorings in deeper water,add an additional five(5)feet of chain for each addihooal foot increase in the
depth of the avatar
**Equivalent sites of A Aon or stainless stool wire may be used lfmanila or nylon,adequate chafing gear must be
used Mandl pennants droll be replaced every year
3.All anchors have to be mushroom type:mooring buoys have to be plastic,cork or Styrofoam. No metal buoys
will be allowed Place your buoy number on top half of buoy with legible numbers. Paint lower half of buoy
and top 10 feet of chain with anti-fouling paint to prevent marine growth on these areas All swivels and
shackles to be safety wired All swivels,shackles and chain should be of Galvanized type
All moorings must be taken out at the end of the boating season,which is NOVEMBER 15TH. Any
mooring not removed at the end of the boating season,will be removed by the Town The fee for such
removal will be$100 per pound of anchor wei6i required,
4 Please rig your moorings as illustrated below
2
Pennant Line j Anti-fouling Paint
�
Shackle r0 Swivel Shackle
5 RESERVATIONS FOR MOORING INSTALLATION MUST BE MADE WITH THE
DEPARTMENT OF PUBLIC SAFETY PRIOR TO TIME PERMIT HOLDERS WISH TO
PLACE MOORINGS. AFTER PERMIT IS OBTAINED FROM THE TOWN CLERK PLEASE
CALL #36Q-U53 BETWEEN THE HOURS OF 9 00 AM. AND 5.00 P.M., MONDAY
THROUGH FRIDAY.
MOORINGS WILL NOT BE DROPPED V4MOUT RESERVATIONS
Document Page 1 of 1
§
246-21. Operation and —_restrictions.
_restrictions.
It shall be unlawful for any person, corporation or association:
A. To operate any boat upon any of the waters of Three Mile Harbor at a rate of speed in excess of five
knots per hour; but the provisions of this section shall not apply to any boat, as defined in this ordinance,
while actually competing in a definite race over a given course held under the auspices of any bona fide club
or racing association, provided that the permission of the Town Board of the Town of East Hampton has
been secured to hold such race.
B. To moor a boat of any kind, or of any size,to any part of either one of the town docks in Three Mile
Harbor for a longer period than 24 hours, without a permit from the Clerk of the Town of East Hampton, said
permits to be issued in accordance with the directions of the Town Board of said town.
C. To anchor a boat of any kind in any of the marked channels of Three Mile Harbor.
D. To discharge into the water any sewage from a vessel located within Three Mile Harbor, said harbor
being one of the water bodies in the Town of East Hampton designated by the state and federal government
as a Vessel Waste No-Discharge Zone. See Article VII hereinafter. [Added 6-18-1999 by L.L. No. 14-1999]
.../om_isapi.dll?clientID=138837&advquery=mooring&infobase=easthamp.nfo&rank=&record=f 480712/19/01
12/20/2001 10:19 631262064 EHTT PAGE 02
2002 LARGE BOAT MOORING PERMIT APPLICATION
Motor Boats over 25' and Sailboats Over 20'- Three Mile Harbor
Trustees of the Freeholders and Commonalty
of the Town of East Hampton
P.O. Box 7073,Amagansett,NY 11930
Name: Telephone#
Mailing Address:
Residence Address:
Boat Type: Boat Length:
Boat name: Registration#
Type of sanitation device: Boat Draft:
Documentation Required: Photocopies, please.
1) Driver's License, and
2) Boat Registration or Documentation
(all documentation must be in the name of the applicant for the mooring)
Fees: Please indicate the amount enclosed below:
Residents- $50 inspection fee plus $3 per foot of boat length:
Non-Residents- S50 inspection fee plus $6 per foot of boat length.
If boat will be occupied overnight on its mooring at any time,2002 Large Boat
Mooring Application supplement on the next page must be filled out.
Jndicate if supplement is filled out and attached:
Y/N
The undersigned, in accepting a mooring permit from the Trustees, accepts full
responsibility for mooring vessels to a safe and proper manner so as to avoid damage to
the vessels or property of others, and the undersigned shall hold the Trustees harmless of
and from any liability or damage that may arise in the use of said mooring.
I hereby agree to accept tbiti permit subject to all Trustee regulations:
(signature) (date)
**•***rt*rt*rtt**trt�ttrtrt+**t*rtrtrtt�*rt.►�«wrtrtrt*rt��amrt**rtrtrtw►***rtrt*m*srtrt***��rt+r
please do not write below this line
PAID: Mooring permit SuPPlemental permit.
Renewal„ New Mooring Number I..ued: (The tag#affixed to the rnmring buoy)
Trustee Date
Absolutely No Discharge! Beads Must Be Locked or Disabled
12/20/2001 10:19 6312672064 EHII HAVE b�
2002 LARGE BOAT MOORING APPLICATION SUPPLEMENT
All boats that are occupied overnight (between 12.00 midnight and 6:00 A.M.)
must attach this Large Boat Mooring Supplement to them 2002 Large Boat Mooring
Permit Application. The information obtained in this form will be used to better plan the
Large Boat Mooring Arca and to mitigate the effects of boat occupancy on Shellfish
Closures and the environment. The cooperation of boaters will enable us to continue to
permit the overnight occupancy of boats with a minimum of restnctions.
Please answer the following questions are accurately and completely as possible:
1.How many people are usually aboard your boat when it is occupied overnight?
a)1-2 b) 3-4 c) 5-6 d) 7 or more
2-How many nights a year is your boat occupied overnight in Three Mile Harbor?
a)0-4 b) 5-8 c)9-12 d) 13 or more
3.How many nights a year does your boat use it%mooring'?
a)0-14 b) 14-28 c)29-60 d)61 or more
4. Do you use shoreside facilities for washing/sanitation')
a) always b)usually c)sometimes d)never
Fees, Please indicate the amount enclosed below
Non-Residents- $3 supplemental fee per foot of boat length
(This fee is in addition to the Large Boat Mooring Application fee)
The undersigned agrees to guarantee to the Trustees that he/she will not discharge
any Marine Sanitation Device in the waters of Three Mile Harbor He/she will also
document the use of the pump-out stations with a written log and receipts, which will be
made available to the Trustees or their representative upon reasonable notice, and may be
required as a condition of mooring renewal in future years.
I hereby agree to accept these supplemental conditions:
(signature) (date)
Please Note:
Only boats equipped with a holding tank in their .Marine Sanitation Device well be
permitted overnight occupancy in the Large Boat Mooring Area to 2002.
)2/20/2001 16:19 6312672064 EHTT PAGE 04
Specifications for Large Boat Moorings
Registered Mushroom Nylon Stainless
Boat Anchor Dacron Steel
LenWh Ft, Lbs. Bottom Chain ToD Chain Line Chain Wire
23-26 200 3/8"Galv.20' 5/16"Galy. 5/8" 5/16" 14"
27-30 250 '/2"Galv.20' 3/9" (3alv. '/4" 3/8" %4"
31-34 --- 300 %"Galv.20' 3/8"Gals '/a" 3/8" '/:'
35-37 350 '/,"Galv.20' 3/8"Galy. '/4" 3/8" '/a"
38-40 400 %,"Galv.20' 3/8"Galy. % 3/8" '/4"
41-50 500 5/8"Gaiv.30' '/2" Galy. i" 1/2" 3/8"
51-60 600 5/8"Galv.30' V," GaIv 1" %2" 3/8"
61-75 750 Y,"Galv.30' %2" Galv. 1" t/z" 3/8"
76-100 1.000 %"Galv.30 ''/," Galy. 1" '/," 3/8"
A) All Shackles and pins with stainless steel wire.
B) The effective length of each of the above pennant lines shall be two(2)
lines the distance from the bow chock to the water plus the distance
from the bow chock to the mooring cleat, or shall be two(2)times the
distance from the stem mooring ring to the water. All pennants shall
be six (6) feet in length
C) All anchor shackles, swivels and other hardware used in mooring
hookups shall be of proportionate size to the chains used. A minimum
of one(1) swivel shall be located between the bottom chain and top
chain. Chains of one size throughout shall have a minimum of one(1)
swivel located below the main buoy not more than halfway to the
mushroom anchor. All chain and hardware must be of appropriate
rated strength.
D) The length of the top chain shall be determined by the depth of the
water in the assigned mooring area and the total scope shall be at least
40' or two and one-half(.2-1/2)times the depth of the water at high
tide as deternuned from local charts, whichever is greater.
E) All pennant lines shall be nylon, dacron, chain or stainless steel wire.
All pennant lines running through a chock or any other object where
chafing may occur shall have adequate chafe guards.
F) All moorings must be installed under the supervision of the Trustees or
their duly authorized agent. He/she will inspect the mooring prior to
installation, and direct the placement of said mooring in the correct
location.
12/20/2001 16:19 63126i2064 SHIT PAVE b5
s '
Instructions for Large Boat Mooring Permit
1. Complete the attached large boat mooring permit application and (if necessary)
the large boat mooring permit application supplement. If any part of the
application is not complete(i.e no documentation. no signature,etc.)the
application will be returned.
2. No mooring may be installed unless it has first been inspected by a Harbormaster
(329-3078)or a duly authorized representative of the Trustees and said
Harbormaster/Trustee Representative is present and approves the location of the
mooring at the time of installation. The Trustee representative will affix a tag to
the mooring when it is placed to hitt/her satisfaction. Any mooring lacking this
tag will be deemed illegal. Additional inspections necessary to legally install a
mooring will be charged at a rate of S50 each.
3. The location of the mooring will be determined by the HarbormasterfTrustee
Representative, and may vary from year to year within the mooring area.
Requests for particular locations cannot be considered.
4. Any violations of Trustee regulations may invalidate a mooring permit Copies of
regulations will be available fi-om the Harbormaster/Trustee office.
5. If all available moorings are filled, a waiting list will be maintained in the order
that complete applications with enclosed payment are received. Preference will be
given to residents and renewal application`received by March 31.
6. Starting on March 15, mooring permit holders may contact the Harbormaster or
Trustee office(267-9688)to arrange for the inspection and installation of
moorings.
7. Mushroom anchors, chain and pennants of appropriate size as specified in the
accompanying specification sheet must be used in all moorings.
H. Moorings may not be moved or rented except by authority of the Trustees
9. Moorings must be removed by December l of each year, and all moorings not so
removed, and any other illegal moorings at any time, will be removed in
accordance with Trutitee regulations
10. Boats are not to be occupied overnight, unless the large boat mooring application
supplement is filled out and accepted
12/20/2001 10:19 631262064 EHTT PAGE 06
J
err
MOORING PERMIT APPLICATION
Trustees of the Freeholders and Commonalty
of the Town of East Hampton
P.O. Bax 7073,Amagansett,NY 11930
Name: Telephone#
Mailing Address:
Residence Address:
Boot Type: Boat Length:
Boat name: Registration #
Body of Water: Boat Draft:
Type of Mooring: 0 Off-Shore,Free Swinging ;_1 Rigged Line and Pulley
PAKIMents Required: Phoroc•opie%.phase
1) Driver's License,and _
2) Boat Registration of Documentatirm:or bill of sale for unpowered boats 15'or less
(Please enclose proof of residency,i.e.property tax bill)
3) Trustee map of harbor with prupcxed mooring location marked
mit Please check one category and indicate the amount enclosed below:
J Residents:$3 per foot of boat length
0 NOR-Residents:$6 per foot of boat length
C Commercial: I tit mooring-fee waived,2nd mooning-$I()-()()
Town Ownmercial License
AMOUNT PAID-
a notc: Application and fee will be returned if not complete.
The undersigried agreei to:a)moon the subject vc%sel to a safe and proper manner so as to avoid
itVury or damage to persons,vessels or property,b)except for commercial mooring%,to remove the
mooring and gear before December I"'and c)indemnify and hold harinless the Trustees f om any and all
logs or damage,including reasonable attorneys fees,arising form the m%tallatuin and/or use of aaod
miring.
I hereby agrw to accept this pernut subject to all Trustee regulations:
(signature) (da11) —
••4�yw4t4�a�tw�*���r�4*�kstf**�a�t*►.a.r*i+��*at�a�w**#��*s+k#�wa�r���®rdr*��a�a
Renewal: 0 New: u
Mooring Number Issped• (Thr tag$t affixed to the mooring buoy)
Trustee Date: __ For»"atippywed 1219.5
12/20/2001 10:19 6312672064 EHTT PAGE 07
EAST HAMPTON TOWN TRUSTEES
Mooring Permit Application Instructions for 2002
1. Please submit all requested documents and complete all the required information on
the permit application form Please note: Applicant and boat registration must have the
same name.
2. 2001 permit holders in all locations will have priority over new applicants provided
that applications are received by March 31. 2002. After March 31", permits will be
issued on a first come, first serve basis The following areas currently have limits on the
number of mooting permits issued. A waiting list may be maintained by the Trustees for
these areas.
2a)A maximum of 23 moorings will be issued in Norrhwesl Creek
2b)A maximum of 25 moorings will be issued in East Harbor.this is the area south of
the Louse Point launching ramp in Accabonac Harb(v.
2c)A maximum of 15 mo ortngs will be►,rued at Hands Creek and a maximum of K
moorings well be issued south of Gann Road in Three Mile Harbor
3. Designate on the enclosed map the desired mooring location for any boat 25' or less.
(If you wish to have a new mooring permit for a boat over 25',you must apply for a large
boat mooring permit in Three Mile Harbor.) All moorings must be placed no later than
July 1, 2002. All moorings must be placed and maintained in their designated location.
4. If you are applying for a mooring facing your waterfront property, to any harbor,
include a photocopy of the deed and/or survey
5. Moorings should meet recommended standards such as described in Chapmans.No
moorings will be set before April 1,2002. All moorings (bottom anchorage and stakes)
shall be removed by December 1. 2002. There will be no winter stakes or buoys.
Moorings not removed by December 1, 2002 will be Subject to removal by the Trustees.
Exception: Commercial moorings are exempt from this requitement
6. Include a check or money order for the full amount required on the mooring
application. ($3.00 per boat length for residents; $6.00 per boat length foot for non-
residents; commercial fishermen- 1" mooring-fee waived; 2'J mooring- $10.00)
7. Return the application, the correct fee, necessary documents and the accompanying
map indicating your desired mooring location to the Trustees office for review
A. Keep these instructions for your information and review
9. Any violation of Trustee instructions and regulations may result in the loss of a
mooring permit and the forfeiture of all fees All moonng in Trustee waters is regulated
by Resolution 191-92 concerning Boat Placement.
10. New applications received after 1996, for sailboats over 20', must moor in Three
Mile Harbor Large Boat Mooring Area
3 RESOLUTION SUBMISSION Page I of 15
PROPOSED LOCAL LAW CREATING CHAPTER 74 ENTITLED
"TOWN OF BROOKHAVEN PORT JEFFERSON
HARBOR COMPLEX WATERWAY LAW"
OF THE CODE OF THE TOWN OF BROOKHAVEN
TOWN OF BROOKHAVEN PORT JEFFERSON
HARBOR COMPLEX WATERWAY LAW
Chapter 74
TOWN OF BROOKHAVEN PORT JEFFERSON
HARBOR COMPLEX WATERWAY LAW
§ 74-1. Findings and Purpose
§ 74-2. Title
§ 74-3. Enactment and Adoption
§ 74-4. Definitions
§ 74-5. Harbor Use Areas
§ 74-6. Vessel Speed Limits
§ 74-7. Anchoring
§ 74-8. General Prohibitions and Restrictions
§ 74-9. Harbor Use Area Regulations
§ 74-10. Mooring Permits
§ 74-11. Mooring Restrictions
§ 74-12. Mooring Permit Applications
§ 74-13. Granting, Denying or Conditioning Mooring Permits
§74-14. Appeals of Decisions Regarding Mooring Permits
§ 74-15. Enforcement and Penalties for Offenses
§ 74-16. Emergency
§ 74-17. Severability
§ 74-18. Effective Date
Chapter 74
TOWN OF BROOKHAVEN PORT JEFFERSON
HARBOR COMPLEX WATERWAY LAW
§ 74-1. Findings and Purpose
A. The Town of Brookhaven's shoreline bounds the waters of the Port Jefferson
Harbor Complex (hereinafter referred to as the "Harbor Complex"). The Harbor
Complex is an attractive place to live or visit due to the harbor's excellent conditions
http://www.brookhaven.org/waterway.htm 12/19/01
RESOLUTION SUBMISSION Page 2 of 15
to moor, anchor, and operate vessels, the bustling commercial waterfront area, and
the high quality of the harbor's beaches, wetlands, habitats, surface waters, and
coastal landscape. The Harbor Complex contains a regionally significant
commercial port and wildlife resources and habitats of local, state, and federal
significance.
B. The authority to regulate the surface waters of the Harbor Complex is held by five
separate municipalities. This circumstance of multiple jurisdictions necessitates a
coordinated, intermunicipal approach to insure adequate management of the Harbor
Complex.
C. In recognition of the need for a coordinated, intermunicipal approach to manage the
Harbor Complex, the Town of Brookhaven joined with the Villages of Belle Terre, Old
Field, Poquott and Port Jefferson to prepare and adopt the Port Jefferson Harbor
Complex Harbor Management Plan (hereinafter referred to as the Harbor
Management Plan). Consistent with the recommendations of the Harbor
Management Plan, the Town of Brookhaven declares that the purpose of this
Chapter is to implement the Intermunicipal Agreement between the Town of
Brookhaven and the Villages of Belle Terre, Port Jefferson, Old Field and Poquott
and the Intermunicipal Agreement between the Town of Brookhaven and the Village
of Poquott and to establish uniform definitions, standards, requirements, and
procedures for safe operation of vessels, and mooring and anchorage of vessels
within the waters of the Harbor Complex. The intent of this local law is to insure that
the Harbor Complex remains an attractive place to live and visit, and to insure its
continued economic and environmental vitality for current and future generations by:
(1) minimizing user conflicts through efficient use and equitable allocation of
the waters of the Harbor Complex for a variety of commercial, industrial, and
recreational uses;
(2) enhancing public and vessel safety;
(3) improving conditions for navigation for all user groups by insuring safe
and unencumbered navigation for all vessel types and sizes;
(4) protecting and enhancing high quality natural resource values by
minimizing impacts from uses on natural resources and water quality;
(5) insuring access to and protecting marketable shellfish resources;
(6) better protecting privately owned shoreline property.
§ 74-2. Title
This local law shall be known as and may be cited as the Town of Brookhaven Port
Jefferson Harbor Complex Waterway Law.
§ 74-3. Enactment and Adoption
A. Pursuant to the provisions of New York State Executive Law, Article 42,
New York State Municipal Home Rule Law, Section 10, Town Law, Section 130, and
the Dongan Patent of 1686, the Town of Brookhaven, County of Suffolk, State of
New York, hereby enacts this local law.
B. The Surface Water Use Chart dated June 2000, and any amendments thereto,
on file in the office of the Town of Brookhaven Division of Environmental Protection,
is hereby adopted, incorporated and made a part of this local law.
§ 74-4. Definitions
For the purpose of this local law, the following terms and phrases shall be given the
meanings indicated as follows:
http://www.brookhaven.org/waterway.htm 12/19/01
RESOLUTION SUBMISSION Page 3 of 15
ABANDONED VESSEL -Any vessel that is not properly secured or attached to a mooring
which is not properly maintained.
ACCESS LANES— Surface waters that provide for unobstructed movement and free
passage of vessels, as described in Section 5 of this Chapter and'depicted on the Surface
Water Use Chart.
ANCHOR—A specially shaped, weighted device designed to dig efficiently into the
underwater lands and hold a vessel within a given radius despite winds and currents.
ANCHORING - The act of securing a vessel for a temporary period of time to the
underwater lands, by dropping an anchor or other device, other than a mooring, to
underwater lands.
BARGE -A commercial vessel/boat used primarily for the transporting of goods on
waterways, usually propelled by towing.
BARGE MOORING AREA - An area, as described in Section 5 of this Chapter and
depicted on the Surface Water Use Chart designated for the mooring of barges.
BEACHING —The act of driving or pulling a vessel on to the shoreline.
BOAT - See Vessel.
COMMERCIAL VESSEL -Any vessel operated for a fee, excluding charter
boats, liveries or water taxis, and excursion boats.
DESIGNATED MOORING AREA-An area specifically for the mooring of vessels, as
described in Section 5 of this Chapter and depicted on the Surface Water Use Chart.
EDUCATIONAL SAILING PROGRAM —A program operated by a private, municipality, or
not for profit organization or educational institution for the purpose of teaching sailing and
Y
boating skills.
FEDERAL NAVIGATION CHANNEL - The federally designated channel within the Harbor
Complex as authorized by the United States Congress in 1890, delineated on the NOAA
Chart and as shown on the Surface Water Use Chart.
FRANCHISE MOORING AREA—An area of Town of Brookhaven owned underwater lands
that may be leased or franchised for the purpose of renting moorings.
HARBOR USE AREAS —Areas for specified uses as described in Section 5 of this Chapter
and depicted on the Surface Water Use Chart.
HOMEOWNERS/BEACH ASSOCIATION —An association of homeowners who own
waterfront property within the Port Jefferson Harbor Complex that is owned, in common, by
the members.
MOOR - The act of securing a vessel in or upon the water by attaching a vessel to the
ground or lands under water by means of a mooring.
MOORING —A semi-permanent anchorage system which, by design, is not normally
retrieved when a vessel leaves the anchorage system. A mooring includes, but is not
limited to, a system consisting of an anchor, weight or other device attached to a length of
chain and/or line secured to a float or buoy.
MOORING PERMIT — Required written authorization to place a mooring on any underwater
lands within the Harbor Complex as specified under this local law.
MOORING SEASON — The period of time from March 1 st through December 15th inclusive
of the same calendar year.
MOORING TACKLE - Any assemblage of hardware, rope, line, wire or chain that is used to
secure a mooring anchor, weight or other device to a buoy or vessel.
NATURAL RESOURCE PROTECTION AREA—An area that is environmentally sensitive,
http://www.brookhaven.org/waterway.htm 12/19/01
RESOLUTION SUBMISSION Page 4 of 15
as described in Section 5 of this Chapter and depicted on the Surface Water Use Chart.
PERSON -Any individual, public or private corporation, firm, association, partnership,
political subdivision, government entity, or any other legal entity.
POLLUTANTS/POLLUTION -Any material or combination of material including but not
limited to bottles, glass, cans, junk, paper, scrap metal, garbage, rubbish, or trash; or any
untreated sanitary waste, oil or gas which, because of its quantity, concentration or
physical, chemical or infectious characteristics, may (a) cause or significantly contribute to
an increase in mortality or an increase in seriou's irreversible or incapacitating reversible
illness to marine life; or (b) pose a substantial present or potential hazard to public health,
safety or the environment; or (c) render the water unsightly, noxious or otherwise
unwholesome so as to be
detrimental to the public health, safety, welfare or to the enjoyment of the waters of the
Harbor Complex.
PORT JEFFERSON HARBOR COMPLEX- The surface waters of Port'
Jefferson Harbor, Setauket Harbor, Little Bay, Conscience Bay, the
Narrows and 1500 feet north of Mount Misery extending west following the shoreline to
1500 feet northwest of Old Field Point, also known as the "Harbor Complex."
PORT JEFFERSON HARBOR COMPLEX HARBOR MANAGEMENT PLAN - The plan
prepared for the Port Jefferson Harbor Complex dated March 1999, adopted by the Town of
Brookhaven and the Villages of Belle Terre, Old Field, Poquott and Port Jefferson.
RAFTING - The attachment of two or more vessels together to an anchor or mooring.
RESIDENT—Any person who has his principal place of abode and domicile in the Town of
Brookhaven and/or any person who owns real property within the Town of Brookhaven.
SHELLFISH PROTECTION AREA—An area designated for the protection of shellfish
resources, as described in Section 5 of this Chapter and depicted on the Surface Water
Use Chart.
SHORELINE - The line of the shore defined as that area where the water meets the land at
any given time or tide.
SPEED - The rate at which a vessel travels over the surface of the water, measured by the
distance traveled in miles per hour or parts thereof.
SURFACE WATER USE CHART- A chart of the surface waters and underwater lands and
delineated use areas within the Port Jefferson Harbor Complex within the Town of
Brookhaven and all surface waters within 1500 feet from the shore bounding or bordering
from the Village of Belle Terre, Village of Old Field, Village of Poquott and Village of Port
Jefferson prepared pursuant to the Port Jefferson Harbor Complex Harbor Management
Plan dated June 2000, and any amendments thereto, on file in the office of the Town of
Brookhaven Division of Environmental Protection.
SWIMMING AREA -An area of surface water along the shoreline delineated by buoys,
lifelines or perimeter ropes for the purpose of recreational swimming.
SWING RADIUS - The area that a vessel, secured to a mooring or anchor, can or may
traverse as it rotates around a mooring or anchor in response to winds and currents.
VEGETATED TIDAL WETLANDS —All banks, bogs, meadows, flats and tidal marshes
subject to tides and upon which grow the following vegetation, but not limited to: Salt
Meadow Grass (Spartina patens), Salt Grass (Distichlis spicata), or Salt Marsh Cordgrass
(Spartina alterniflora).
VESSEL - Every description of watercraft or other contrivance used or capable of being
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used as a means of transportation in or on the water, including aircraft such as seaplanes,
personal watercraft, and specialty prop-craft as defined under New York State Navigation
Law §2 and any amendments thereto.
WAKE - The track left by a vessel in the water or under the water.
WATERFRONT PROPERTY OWNER—The owner of any residentially zoned property that
includes or adjoins mean high water and is thus entitled to riparian or littoral access.
WATER SKIING - The towing of a person or persons on water skis, kneeboard, wakeboard,
tube, or other similar device by a line attached to a vessel.
§ 74-5. Harbor Use Areas ,
A. Access Lanes: The following Access Lanes are hereby established, as
described herein and depicted on the Surface Water
Use Chart:
(1) Conscience Bay - The Narrows Access Lane - Located west of the
Federal Navigation Channel generally in an east-west direction for
approximately 1.2 miles at a constant width of 100 feet.
(2) Setauket Harbor Access Lane - Generally located west of the
Federal Navigation Channel, extending in an east-west direction for
approximately .57 mile, at a constant width of 100 feet. The total distance of
the access lane is 1.04 miles.
(3) Belle Terre Access Lane - Located east of the Barge Mooring Area
and the Southeast Mooring Area, extending in a southern direction
parallel to the western shore of Belle Terre for approximately .87 mile at a
- constant width of 100 feet.
B. Mooring Areas: The following areas are hereby established as Designated
Mooring Areas, as described herein and depicted on the Surface Water Use Chart:
(1) Barge Mooring Area- Located east of the Federal Navigation Channel in
the northeast portion of Port Jefferson Harbor, and southwest of Pirates Cove.
(2) Educational Sailing Program,-Mooring and Operation Area- Located east of
the Federal Navigation Channel in the southeast part of Port Jefferson
Harbor.
(3) Northeast Mooring Area - Located east of the Federal Navigation Channel
in the northeast corner of Port Jefferson Harbor in an area locally known as
Pirates' Cove, The Hole, or Seaboard Cove.
(4) Northwest Mooring Area— Located west of the Federal Navigation Channel
in Port Jefferson Harbor, generally south of the Conscience Bay— Narrows
Access Lane.
(5) Setauket Harbor- Located west of the Federal Navigation Channel in
Setauket Harbor along the shorelines of Strong's Neck and Poquott Village.
(6) Southeast Mooring Area - Located east of the Federal Navigation Channel
comprising a significant portion of the eastern part of Port Jefferson Harbor.
(7) Southwest Mooring Area- Located west of the Federal Navigation Channel
in Port Jefferson Harbor along the eastern shoreline of the Village of Poquott.
C. Natural Resource Protection Areas: The following areas are hereby
established as Natural Resource Protection Areas, as described herein and depicted
on the Surface Water Use Chart:
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(1) all of Conscience Bay
(2) all of Little Bay
§ 74-6. Vessel Speed Limits
A. No person shall operate any vessel in excess of thirty (30) miles per hour
in any waters of the Harbor Complex except as provided in subsection D
below.
B. No person shall operate any vessel in excess of five (5) miles per hour, or
in such a manner that an excessive or destructive wake is created within
the following areas, except as provided in subsections D and E below:
(1) The Federal Channel, from its southern end to,the northwest corner of
the Barge Mooring Area(-1.1 miles);
(2) Any Access Lane;
(3) Setauket Harbor;
(4) Conscience Bay;
(5) Little Bay;
(6) The Narrows, from the western end of Conscience Bay-Narrows Access
Lane to Conscience Bay;
(7) The waters within one hundred (100) feet of:
(a) any moored vessel;
(b) any anchored vessel;
(c) a swimming area or swimmer;
(d) any dock or pier, or
(e) any shoreline within the Harbor Complex.
C. No person shall operate any vessel in excess of twelve (12) miles per hour within
the Federal Navigation Channel from the northern most point of the eastern jetty
located at the Harbor's entrance to the northwest corner of the Barge Mooring Area
(-0.9 miles) except as provided in subsection D and E.
D. Law Enforcement and Emergency Vessels
All Federal, state and local law enforcement and emergency vessels shall be exempt
from all set speed limits while engaged in the performance of their official duties.
E. Exceptions
(1) Commercial vessels, as defined under this Chapter, shall adhere to all set
speed limits as set forth in this Article except when wind, weather or sea
conditions require the use of a higher speed for safe piloting, and provided
that
(a) such increase in speed shall not exceed the'minimum speed that
is necessary and appropriate to insure adequate and safe piloting, and
(b) that such increase in speed does not cause any harm or damage
to any person or vessel.
(2) Water Skiing:
Within Conscience Bay or Little Bay a vessel may be operated at a maximum
speed of up to thirty (30) miles per hour, provided such vessel is actually
engaged in water-skiing as defined under this Chapter.
§ 74-7. Anchoring
A. Except as set forth in subsection B, the anchoring of any vessel shall be
prohibited within:
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(1) Any area such that the swing radius allows the vessel to be within one
hundred (100) feet of any swimming area;
(2) Any area such that the swing radius allows the vessel to be within fifty (50)
feet of:
(a) the Federal Navigation Channel or any Access Lane
(b) a mooring or moored vessel;
(c) another vessel at anchor;
(d) any aid to navigation or marker buoy;
(e) any dock or pier.
B. Emergency Anchoring
The prohibitions set forth in subsection A above, shall not apply to the anchoring of
any vessel due to:
(1) harsh, inclement weather such as severe and sustained
wind, rain, fog, lightning or other severe storm conditions, or
(2) engine or other equipment malfunctions that render
a vessel inoperable or the operation of such vessel unsafe.
§ 74-8. General Prohibitions and Restrictions
A. Prudent Operation
Within all waters of the Harbor Complex no person shall operate or
maneuver any vessel, in an unreasonable manner that may result in endangering or
causing injury or damage to, or placing at risk, any person, property or the
environment. The term "maneuver" shall include but not
be limited to:
(1) weaving through congested traffic;
(2) jumping the wake of another vessel at a distance unreasonably or
unnecessarily close to such vessel;
(3) jumping the wake of another vessel when such vessel's visibility is
obstructed;
(4) the operation of a vessel unreasonably close to another vessel so as to
create the possibility of a collision.
B. Rafting
No person shall raft any vessel in such a manner that interferes with
(1) any other vessel,
(2) any other person's lawful use of the Harbor Complex's surface waters, or
(3) the safe and proper functioning of adjacent moorings or vessel anchorage.
C. Pollution
No person shall discharge at any time any untreated sanitary waste or other
pollutants, as defined in this Chapter within any area of the Harbor Complex.
D. Noise
(1) No person shall operate a vessel with an outboard or an inboard motor
unless equipped with an adequately muffled exhaust, as set forth in
Navigation Law §44 or any amendment thereto.
(2) (a) No person shall use any noise-producing or noise-amplifying
instrument on any vessel in such a manner that it endangers
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the safety or health of &iy person, or disturbs a reasonable
person of normal sensitivities, or endangers personal or real
property.
(b) No person shall engage in any activity or cause any noise
disturbance that disturbs the reasonable quiet, comfort or repose of
occupants of adjacent vessels or adjacent shorefront residences
between the hours of 11:00 PM and 6:00 AM, prevailing time.
(c) The prohibitions set forth in subsections (a) and (b) above, shall
not prohibit the use of whistles, bells or horns as signals as required by
any New York State or Federal law for the free and safe navigation of
motorboats or vessels.
(3) No person shall run or operate any vessel engine where the decibel level
exceeds the recommended levels as per the New York State Navigation Law,
Article 4 or any amendments thereto.
E. Beaching
No person shall beach any vessel in an area containing vegetated tidal
wetlands, as defined under this Chapter, or in such a manner as to cause damage or
harm to any vegetation.
F. Interference with Markers
No person shall interfere, damage, deface or otherwise cause harm to
any navigation aid, including but not limited to buoys, beacons or other fixed objects
in the water which are used to mark obstructions, or provide
information or direct navigation through safe channels.
G. Water-skiing
(1) No person shall water ski within three hundred (300) feet of the
shorelines of Conscience Bay or Little Bay.
(2) No person shall engage in water-skiing in any area of the Harbor
Complex during the period from sunset to sunrise.
(3) No person shall operate a vessel for water-skiing in any area of the
Harbor Complex unless there is in such vessel a person, other than the
operator, at least ten (10) years of age, in a position to observe the person
being towed.
(4) No person shall operate any vessel for water-skiing in excess of the
speed limits as set forth in Section 6 of this Chapter.
§ 74-9. Harbor Use Area Regulations
A. Designated Mooring Areas
(1) The mooring of any vessel or the placement of any mooring in or upon
any surface water and underwater lands within the Harbor Complex shall only
be permitted within a Designated Mooring Area, as described under this
Chapter and depicted on the Surface Water Use Chart.
(2) Exception: Moorings may be permitted at a location outside a
Designated Mooring Area provided that
(a) such location is not otherwise restricted under this Chapter, and
(b) the applicant falls within one of the following classifications-
0) waterfront property owner,
(ii) Waterfront Homeowners Association or a member of
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such Association, or
(iii) the property owner(s)' filed deed grants access to the
surface waters.
B. Barge Mooring Area
Within the Designated Barge Mooring Area, permitted barge moorings shall have the
right to remain in place, at the authorized location, for the permitted year. The
harbormaster or bay constable may require barge moorings to be removed and
inspected on an annual basis if deemed necessary.
C. Educational Sailing Program Mooring and Operation Area
Within the designated Educational Sailing Program area, moorings shall only be
permitted for use by Educational Sailing Programs.
D. Shellfish Protection Areas
Within any designated shellfish protection area, the anchoring or mooring
of any vessel, or any form of disruption or any disturbance to the bottom or
underwater lands shall be prohibited.
E. Restricted Use of Belle Terre Access Lane
No person shall operate any vessel exceeding thirty (30) feet in length
within any surface waters within the Belle Terre Access Lane, as
described under this Chapter and depicted on the Surface Water Use Map.
§ 74-10. Mooring Permits
A. Mooring Permit Required
(1) A mooring permit shall be required prior to any person:
(a) placing or causing to place any mooring or mooring tackle in or
upon any surface waters or underwater lands within the Harbor
Complex;
(b) - securing any vessel, floating home, structure, barge, raft, private
float or any other object to any mooring.
(2) Exceptions, a mooring permit shall not be required for
(a) any mooring temporarily installed to facilitate approved dredging,
approved dock construction or other approved water related work
projects.
(b) any mooring installed in a Town of Brookhaven approved
mooring franchise area, provided the installation is performed by the
franchisee pursuant to an authorized franchise agreement between the
Town and the franchisee.
(3) A permit obtained from the Town of Brookhaven does not relieve a
person of the necessity to obtain a permit or approval as required
by any other governmental entities.
B. Mooring Location
(1) All moorings must be placed at the particular location as specified in the
mooring permit.
(2) A mooring may only be relocated upon obtaining an amended mooring
permit specifying the new location.
C. Duration and Number of Mooring Permits
(1) A mooring permit shall be valid for one calendar year.
(2) No more than two mooring permits shall be issued to any person for the
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calendar year.
D. Display of Permit Number
Mooring permit identification numbers must be clearly displayed, not less than three
(3) inches in height, on the buoy or float attached to the mooring tackle. A copy of
the permit placard issued by the Town of Brookhaven must be clearly posted on any
vessel attached to a mooring in such a manner that allows the harbormaster or bay
constable to identify and compare the permit identification numbers on the mooring
buoy to the moored vessel.
E. Nontransferability of Mooring Permit
Any person holding a mooring permit shall not transfer the permit to any
person without the written consent from the Town of Brookhaven.
F. Acceptance of Mooring Permit
Acceptance of a mooring permit shall constitute an agreement and
acknowledgement that the permit owner will hold the Town of Brookhaven and its
authorized representatives completely harmless for any liability or expenses incurred
in connection with the mooring, and/or the removal, storage, impounding or towing of
the mooring or moored vessel as set forth in Section 15 of this Chapter.
G. Revocation of Mooring Permit
The Town of Brookhaven may suspend, revoke or refuse to renew any
mooring permit upon a showing that the permit owner failed to comply with the
provisions of this Chapter. Prior to the Town revoking or refusing to renew any
mooring permit, written notice shall be sent to the permit owner, by certified or
registered mail to the address provided on the last application. The written notice
shall set forth the reasons for such revocation or non-renewal and provide the permit
owner an opportunity to present any evidence regarding the revocation or non-
renewal. Non-use of an assigned mooring location for a period of one hundred and
twenty (120) consecutive days may constitute a sufficient basis for such revocation
or non-renewal. Any revocation or non-renewal shall be effective forty-eight (48)
hours after the Town's decision, and the permit owner shall remove said vessel or
mooring within that time period. Failure to remove the vessel shall be a violation of
this Chapter.
§ 74-11. Mooring Restrictions
A. Vessel Restrictions
No person shall secure a vessel to any mooring in a manner that causes
such vessel to interfere with or be within:
(1) the riparian access of a waterfront property owner;
(2) one hundred feet (100) of any swimming area;
(3) the swing radius of any adjacent moored vessel(s),
(4) fifty feet (50) of:
(a) the Federal Navigation Channel or any Access Lane;
(b) any aid to navigation or buoy marker.
B. Non-Authorized Use of Moorings
No person shall rent, lease or accept any monetary consideration for the
use of any installed mooring except pursuant to an authorized franchise or lease
agreement between the Town and the Franchisee or Lessee.
C. Minimum Mooring Tackle Standards
(1) Mooring Installation:
(a) No person shall install, place or cause to be placed any mooring
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within the Harbor Complex unless such mooring is of sufficient size,
strength and condition to hold the moored vessel safely in severe storm
conditions.
(b) All installed moorings must include a non-metallic mooring
buoy and a pennant float, commonly known as a "pick up
stick".
(2) Mooring Use:
No person shall secure any vessel to an installed mooring unless the mooring
tackle is of sufficient size and strength to hold the moored vessel.
D. Mooring Maintenance Required
(1) All mooring owners shall be:
(a) responsible for maintaining their mooring
lines, tackle and chafe gear in order to provide for the safe and secure
mooring of their vessels; and
(b) liable for any damage caused to their own vessel or to any other
vessel resulting from the mooring owner's reckless action or negligence
in maintaining any mooring lines, tackle and chafe gear.
(2) Upon the failure of any person to provide for the safe and secure
mooring of any vessel, the Town of Brookhaven may properly secure such
vessel. The failure of any person to provide for the safe and secure mooring
of any vessel will result in such person being responsible and liable for all
costs, including but not limited to labor, materials and administrative fees,
incurred by the Town of Brookhaven in properly securing the vessel.
E. Expiration of Mooring Season
(1) Except as set forth in subsection (2) herein, within five (5) days of the
expiration of the mooring season, as defined under this Chapter, all moorings
and mooring tackle must be removed by the owner. The failure to remove
any mooring or mooring tackle may result in the Town of Brookhaven
removing such mooring and mooring tackle and the permit owner or registrant
shall be responsible for all costs incurred by the Town of Brookhaven for the
removal of such mooring and/or mooring tackle, in addition to any fines for
any violations of this Chapter.
(2) - The following moorings may remain in place for the permitted calendar
year:
(a) moorings located in the designated Barge Mooring Area;
(b) moorings that have received written approval from the Town of
Brookhaven for year-round use.
F. Mooring Inspection
The harbormaster, bay constable or other duly authorized employee of the Town of
Brookhaven or other qualified professional is authorized to inspect any mooring
tackle placed within any area of the Harbor Complex either prior to installation or
after removal of such mooring at the end of the mooring season. If at any time
during the mooring season, visual wear to the pennant or mooring buoy is observed
by the harbormaster or bay constable that would render such mooring unsafe, the
mooring owner will be responsible for repairing or replacing the worn equipment at
the owner's sole expense.
§ 74-12. Mooring Permit Applications
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Any person proposing to place or causing to be placed a mooring within the Port
Jefferson Harbor Complex shall file a permit application with the Town of
Brookhaven Division of Environmental Protection on forms promulgated by the
Director of the Division of Environmental Protection of the Town of Brookhaven.
All applications shall include, but not be limited to:
(1) The applicant's name and address;
(2) Proof of Town residency if applicable, acceptable forms include a
property tax bill or utility bill.
(3) A statement of authority from the applicant for any agent making the
application if applicable;
(4) The exact location of the proposed mooring placed on a navigation chart
with either the longitude and latitude or distances to at least two permanent
landmarks indicated;
(5) An accurate description of the mooring system to be employed indicating
the type and weight of the anchor, the length and size of the chain, and the
size and type of the mooring buoy;
(6) A notarized affidavit signed by the applicant, which indemnifies and
holds harmless the Town of Brookhaven from any liability claims, in such form
as shall be approved by the Town Attorney.
(7) A copy of the current registration, title and/or documentation papers of
the boat or vessel if applicable;
(8) A physical description of the vessel, including vessel name if applicable;
(9) Payment of a mooring permit application fee as provided in the Town
Code of the Town of Brookhaven, Chapter 29, Fees, and any amendments
thereto; and
(10) Other factual information as deemed necessary and appropriate by the
Director of the Division of Environmental Protection of the Town of
Brookhaven.
§ 74-13. Granting, Denying or Conditioning Mooring Permits
A. In granting, denying or conditioning any mooring permit, the Division of
Environmental Protection shall consider the potential impact of the mooring on the
following:
(1) Navigation;
(2) Public access to water dependent recreational activities, shellfishing and
other natural resources;
(3) Public health and welfare;
(4) Access to the waterway by local waterfront property owners;
(5) The adjacent upland or shoreline traveled on in order to access the
mooring;
(6) The number of mooring permits issued for the current calendar year, and
(7) Any other factual information, as necessary.
B. In order to further the intent of this law, the Director shall have the authority to
impose conditions and/or limitations and such conditions and/or limitations shall be
incorporated into the mooring permit.
§ 74-14. Appeals of Decisions Regarding Mooring Permits
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Any person or applicant may appeal any decision regarding issuance or denial of a Mooring
Permit to the Town Board of the Town of Brookhaven. Said appeal must be taken within
thirty (30) days of the Director's decision and made to the Town Clerk upon such forms
promulgated by the Town Clerk. Any person aggrieved by any decision of the Town Board
,of the Town of Brookhaven may apply to the Supreme Court for relief by a proceeding
under Article 78 of the Civil Practice Law and Rules within thirty (30) days of the filing of
such determination in the office of the Town Clerk.
§ 74-15. Enforcement and Penalties for Offenses
A. Failure to Obey
(1) No person shall willfully fail to obey any sign, notice, signal, control
__device or buoy placed or erected within the Harbor Complex.
(2) No person shall fail to comply with any lawful order or direction of any
harbormaster, bay constable, police officer or other person duly empowered
and authorized to enforce the provisions of this local law or duly authorized to
insure the free and safe navigation of waters within the Harbor Complex.
B. Penalties
A violation of any provision of this Chapter shall be an offense punishable by a fine
of not less than one hundred dollars ($100) and not exceeding two hundred fifty
dollars ($250) or by imprisonment for a period of not more than ten (10) days. Each
violation shall be a separate and distinct offense. Each day's continued violation
shall constitute a separate and additional offense. A second or subsequent offense
shall be punishable by a fine of not less than two hundred fifty dollars ($250) nor
more than five hundred dollars ($500) or imprisonment for a period not exceeding
fifteen (15) days for each such offense, or by both such fine and imprisonment.
C. Towing and Removal of Vessels
(1) To insure the free and safe navigation of waters within the Harbor
Complex, the harbormaster, bay constable, police officer, or other duly
authorized person shall have the authority to tow, seize and impound:
(a) any vessel that is moored or anchored in violation of any
provision of this Chapter; or
(b) any moored or anchored vessel or barge, float, raft or other
floating conveyance, that presents a hazard to the public health,
welfare and safety or interferes with the free and safe navigation of the
waters within the Harbor Complex.
(c) any mooring installed, placed or located in or upon any underwater
lands or surface waters within the Harbor Complex in violation of any
provision of this Chapter.
(2) The Town of Brookhaven may retain any impounded mooring, boat,
vessel, barge, raft, float or any other object impounded, until any fees, costs
and expenses incurred by the Town, or any fines or penalties imposed by the
court arising from any violation, have been paid.
(3) In addition to any fines that may incur as a result from any violation of
this Chapter, the vessel owner, operator, or person in control of the vessel
shall be responsible and liable for any removal fees, towing and storage
expenses and administrative expenses incurred by the Town of Brookhaven in
removing said vessel. The Town may retain any vessel, mooring float, raft or
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other floating conveyance, until such time as the owner or operator of said
vessel reimburses the Town for any and all costs and expenses incurred
(4) Any vessel, mooring, float, raft or floating craft not redeemed within sixty
(60) days from the date of impoundment, shall be deemed to be abandoned
and disposed of in accordance with the provisions of subsections D and E
below.
D. Abandoned Vessels
(1) To insure free and safe navigation of waters within the Harbor Complex,
the harbormaster, bay constable, police officer, or other duly authorized
person may seize and impound any abandoned vessel located within the
waters of the Harbor Complex and dispose of such vessel in accordance with
the provisions of subsection E herein. The vessel owner shall be responsible
for any and all costs and expenses incurred by the Town of Brookhaven as a
result of impounding and storing such vessel.
(2) Sale of Abandoned Vessels
(a) Prior to the sale of any abandoned vessel, the Town shall make
an inquiry as the vessel's last owner as provided in section E herein.
(b) Exception:
Any vessel, taking into consideration its condition, having been
determined to have a wholesale value of two hundred dollars ($200) or
less, or which is not suitable for operation on the waters within the
Harbor Complex shall be disposed of without prior notice.
E. Disposal of Impounded Vessels and Moorings
Upon seizing and impounding any vessel or mooring pursuant to subsection C or D,
the Town shall:
(1) Make an inquiry as to the last known address of the owner of the
impounded vessel and/or mooring by checking the vessel registration
numbers or the last known mooring permit application; and
(2) Notify the last owner by registered mail that the vessel and/or mooring
has been impounded and that the failure to reclaim the vessel or mooring
within forty-five (45) days from the date of the notice, will result in the said
vessel or mooring will be sold at public auction; or
(3) If the vessel owner cannot be determined, then the Town shall provide
public notice, by publishing in a newspaper, designated by the Town having a
general circulation in the Harbor Complex area where that the vessel and/or
mooring was seized and impounded. Such public notice shall state that the
vessel or mooring will be sold publicly if the said vessel or mooring is not
redeemed within forty-five (45) days from the date of notice of publication.
§ 74-16. Emergency
Applicability. The requirements and prohibitions of this local law do not apply to emergency
actions that are necessary to protect public health, safety, and welfare or to protect
property. Any person conducting and/or undertaking emergency activities shall, to the
extent practicable, avoid, prevent and/or minimize damage to natural resources within the
Port Jefferson Harbor Complex.
§ 74-17. Severability
The provisions of this Chapter are declared to be severable, and, if any section, sentence,
clause or phrase hereof shall be adjudged by any court of competent jurisdiction to be
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invalid, such adjudication shall not affect the validity of the remaining portions hereof, but
such portions shall remain in full force and effect.
§ 74-18. Effective Date
This local law shall become effective immediately upon filing with the Secretary of State of
the State of New York.
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The bay and harbor bottoms of the Town of Brookhaven are an important natural resource which supports a
diverse assemblage of benthic fauna. The commercial and recreational harvesting of shellfish continues to
provide a livelihood and a means of recreation to the residents of the Town of Brookhaven. In recent years,
there has been a dramatic increase in the number of boat . - placed on Town-owned underwater
lands. The unregulated, unplanned, and uncontrolled placement of - . - has resulted in use conflicts
between the baymen, some recreational boaters and the mooring owners. By virtue of the Town of
Brookhaven's ownership of the lands underwater, it is the intent of this ordinance to regulate the placement
of boat .3•<+,r, t =. to avoid: use conflicts, and provide for safe navigation and the protection of existing
natural resources,public health and welfare, and to ensure that areas for water dependent recreational
activities are available to the residents of the Town of Brookhaven.
§ 8-2. Definitions.
As used in this chapter,the following terms shall have the meanings indicated:
BOAT OR VESSEL--Any watercraft or other contrivance used on or capable of being used as a means of
transportation in water.
DESIGNATED MOORING AREA -- See Mooring Area.
DIRECTOR--The Director of the Division of Environmental Protection.
FLOATING HOME--Any vessel in fact used, designed or occupied as a dwelling unit, business office or
source of any occupation or for any private or social club of whatsoever nature, including but not limited to a
structure constructed upon a barge primarily immobile and out of navigation which functions substantially as
a land structure while the same is moored or docked within the municipal limits of the Town of Brookhaven,
whether or not such vessel is self-propelled.
MOORING-- Any anchorage system which by design and/or construction is not capable of or is not
normally retrieved when a vessel or boat leaves its anchorage, or is used to semipermanently secure in place
any boat, barge, floating home, scow,raft, float, or any other vessel or floating object. A mooring includes,
but is not restricted to, an anchorage system consisting of an anchor or weight attached to a length of chain
and/or line secured to a mooring buoy or float.
MOORING AREA(also Designated Mooring Area) -- Any Town-owned bay or harbor bottom, or other
underwater lands, so designated by the Trustees of the Freeholders and Commonalty of the Town of
Brookhaven as such, where mooring may occur without a Mooring Permit as required by this Chapter.
MOORING PERMIT -- That form of written Town approval required to place a mooring on Town-owned
underwater lands as specified under this law.
MOORING TACKLE -- Any assemblage of hardware, rope, line, wire or chain which is used to attach a
mooring anchor or weight to a float or buoy.
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MOUNT SINAI HARBOR MOORING AREA--All that area of land underwater depicted by a map entitled
"MOUNT SINAI HARBOR MOORING AREA" as "Mooring Areas - Permit Required" and those lands
indicated on said map as "Leased and/or Licensed Underwater Lands No Public Mooring" and further
described as located north of the tidal marsh islands and excluding the areas: within the navigational channel;
all areas within one hundred(100) feet of the apparent low water mark of the shoreline of Mount Sinai
Harbor; all areas within one hundred(100) feet of any marsh island as measured by the seaward limit of the
Spartina alterniflora vegetation; all areas within one hundred (100) feet of any Town dock, commercial or
private dock, launching ramp or Town leased and/or licensed underwater lands.
NAVIGATION LANES --Those channels so designated and identified on federal navigation charts and
those channels in common use for local navigation and so identified by navigational buoys or markers.
PERSON --Any firm, partnership, corporation, association or individual.
PORT JEFFERSON COMPLEX MOORING AREA-- All that area situate within the area one hundred
(100) feet east of the main navigational channel and south of the line drawn one thousand five hundred
(1,500) feet north of the existing location of the green navigational "T buoy to a point of land located at the
northernmost point of the bulkhead located at the end of Motts Hollow Road excluding those areas within
two hundred(200) feet of the apparent low water mark of any shoreline, within five hundred (500) feet of
any recreational or commercial dock or pier or within one thousand five hundred (1,500) feet of the
northernmost tip of the Bridgeport-Port Jefferson ferry terminal dock; all that area known as Setauket Harbor
and located west and south of an imaginary line extending west into the harbor from the intersection of Van
Brunt Manor Road and Tinker Lane in Poquott and excluding all areas within one hundred 100 feet of the
apparent low water mark of the shoreline, and those areas known as Little Bay and Scott's Cove.
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PORT JEFFERSON HARBOR COMPLEX-- The surface waters of Port Jefferson Harbor, Setauket Harbor,
Lithe Bay, Conscience Bay, the Narrows and one thousand five hundred (1,500) feet north of Mount Misery
extending west following the shoreline to one thousand five hundred (1,500) feet northwest of Old Field
Point, also known as the "Harbor Complex." [Added 4-17-2001 by L.L.No. 13-2001, effective 4-20-2001]
TOWN MOORING AREA -- A mooring area designated by the Town Board pursuant to Chapter 10-291)(2)
of the Brookhaven Town Code, and any amendments thereto. [Added 4-17-2001 by L.L.No. 13-2001,
effective 4-20-2001]
TOWN-OWNED UNDERWATER LANDS -- The bottom of any bay, creek, harbor or tidal wetland over
which the tide ebbs and flows, the title to which is vested in the Trustees of the Freeholders and Commonalty
of the Town of Brookhaven or in the Town of Brookhaven.
§ 8-3. Uses restricted.
A. No person shall place or cause to be placed a mooring on any underwater lands within the Town of
Brookhaven without first obtaining a Mooring Permit from the Town of Brookhaven's Division of
Environmental Protection. [Amended 4-17-2001 by L.L. No. 13-2001, effective 4-20-2001]
B. No person shall tie to or secure any boat, vessel, floating home, barge, scow, raft, float or any other
object to any mooring which has not first received a Mooring Permit from the Town of Brookhaven's
Division of Environmental Protection. [Amended 4-17-2001 by L.L.No. 13-2001, effective 4-20-20011
C. Exceptions. The requirements of this Chapter shall not be applicable to the following uses:
(1) Temporary mooring installed to facilitate work on projects for which a valid Wetlands and
Waterways Permit has been issued by Town of Brookhaven,
(2) Temporary mooring installed to facilitate work on projects financed or undertaken by the
government of the United States of America, the State of New York, or any political subdivision thereof,
the County of Suffolk, or the Town of Brookhaven, and
(3) located within a Town mooring area as defined in and regulated under Chapter 10 of
the Town Code of the Town of Brookhaven. ', t• • • placed or installed within a Town mooring area
shall require a Mooring Permit pursuant to Chapter 10 of the Town Code of the Town of Brookhaven and
any amendments thereto. [Amended 4-17-2001 by L.L. No. 13-2001, effective 4-20-2001]
(4) located within the Port Jefferson Harbor Complex as defined and regulated under
Chapter 74 of the Brookhaven Town Code. placed or installed within the Port Jefferson
Harbor Complex shall require a Mooring Permit pursuant to Chapter 74 of the Town Code of the Town
of Brookhaven, and any amendments thereto. [Added 4-17-2001 by L.L. No. 13-2001, effective 4-20-
2001]
§ 8-4. Application for Mooring Permit. [Amended 4-17-2001 by L.L. No. 13-2001, effective 4-20-20011
A. Any person proposing to place or cause to be placed a mooring upon any underwater lands within the
Town of Brookhaven, shall file a permit application with the Division of Environmental Protection, on such
forms as promulgated by the Director and shall include:
(1) A statement of authority from the applicant for any agent snaking application;
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(2) The exact location of the mooring placed on a navigation chart with either the longitude and
latitude or distances to at least two permanent landmarks indicated;
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3) An accurate description of the mooring system to be employed indicating the type and weight of the
anchor, the length of the chain, and the size and type of the mooring buoy;
(4) A notarized affidavit signed by the applicant which indemnifies and holds harmless the Town of
Brookhaven from any liability claims, in such form as shall be approved by the Town Attorney;
(5) A copy of the current registration,title, and/or documentation papers of the boat or vessel if
applicable;
(6) Other factual information as the Director deems necessary and/or appropriate; and
(7) Payment of a fee as otherwise required by the Code.
§ 8-5. Granting, denying or limiting Mooring Permits.
A. In granting, denying or limiting any mooring permit, the Division of Environmental Protection shall
consider: navigation, public access to water dependent recreational activities, shellfishing and other natural
resources,public health and welfare, the potential impact of the mooring on the access of the waterway by
local waterfront property owners, and access to the mooring from the adjacent upland or shoreline.
B. The Division of Environmental Protection shall give preference to those mooring applications which
are:
(1) For the sole use of a property owner lessee of nearby waterfront property; or
(2) For sole use of residents of the Town of Brookhaven or for the sole use of a locally based
property owner's association, yacht club or the like;
(3) For proposed locations outside of certified shellfishing areas; and
(4) For proposed locations which are outside of normal navigational lanes.
§ 8-6. Duration of mooring season.
After issuance of a Mooring Permit. may be placed from March 1 st through November 30th. For
just cause and at the discretion of the Director, mooring permits may be issued with no seasonal restrictions.
§ 8-7. Permit expiration.
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A Mooring Permit shall be valid for one mooring season as defined herein.
§ 8-8. Display of permit number.
Any holder of a Mooring Permit must display the permit number, in numbers not less than three (3) inches
in height, on the buoy or float attached to the mooring tackle.
§ 8-9. Fee.
The Town Board shall reserve the right to require an application fee for all Mooring Permit applications.
§ 8-10. Appeals of decisions regarding Mooring Permits.
Any person or applicant may appeal any decision regarding a Mooring Permit to the Town Board of the
Town of Brookhaven. Said appeal must be taken within thirty (30) days of the denial by the Director, and
made to the Town Clerk upon such forms promulgated by the Town Clerk. Any person or applicant may
appeal the Town Board determination pursuant to Article 78 of the Civil Practice Law and Rules.
§ 8-11. Penalties for offenses.
A violation of the foregoing shall be an offense punishable by a fine of not less than one hundred dollars
($100) and not exceeding two hundred fifty dollars ($250). Each violation shall be a separate and distinct
offense. Each day's continued violation shall constitute a separate and additional violation.
§ 8-12. Severability.
The various parts, sections and clauses of this local law are hereby declared to be severable. If any part,
sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remainder of this local law shall not be affected thereby.
r.
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1 BOURNE WETLANDS REGULATIONS
2 August 31,2000, Effective August 31,2000
3
4
5 BWR 1.00: WETLANDS PROTECTION
6
7 Section
8
9 Part I-Regulations for All Wetlands
10 1.01: Introduction and Purpose
11 1.02: Statement of Jurisdiction
12 1.03: General Provisions
13 1.04: Definitions
14 1.05: Procedures
15 1.06: Emergencies
16 1.07: Performance Guarantee
17 1.08: Enforcement
18 1.09: Fees
19 1.10: Appeals
20 1.11: Incorporation of 310 CMR 10.00
21 1.12: Severability
22 1.13: reserved
23 1.14: Amendments
24 1.15: Effective Date
25 1.16: Specific Activities Regulated
26 1.17-1.19 Reserved
27
28 Part II- Regulations for Coastal Wetlands
19 10.21-10.40 Reserved
10
J 1 Part III- Regulations for Inland Wetlands
32 10.51-10.99 Reserved
33
34
f
1 '
BWR 1.00 BOURNE CONSERVATION CONMISSION
1 Bourne Wetland Regulations
2 Part I Procedures and Regulations for all Wetlands
3
4
5 BWR 1.01 Introduction and Purpose
6
7 (1) Introduction. The Bourne Wetland Regulations,BWR 1.00, is promulgated by the Bourne Conservation Commission
8 pursuant to the authority granted to them under the Bourne Wetlands By-law,Article 3.7 of the Town of Bourne By-laws. The
9 BWR 1.00 shall complement Article 3.7 of the Town of Bourne By-laws,and shall have the force of law upon their effective
10 date.
11
12 BWR 1.01 through 1.15 provide definitions and procedures. BWR 1.01 through 1.16 pertains to both inland and coastal areas
13 subject to protection under Article 3.7 of the Town of Bourne By-laws. BWR 1.16 provides standards for work within those
14 areas. A project maybe subject to regulation under Article 3.7 of the Town of Bourne By-laws in which case compliance with
15 all applicable regulations is required.
16
17 (2) Purpose. Section 3.7 of the Town of Bourne By-laws sets forth a public review and decision-making process by which
18 activities affecting Areas Subject to Protection Under Article 3.7 of the Town of Bourne By-laws are to be regulated in order
19 to protect the following wetland resource values:
20 -public and private water supplies
21 -groundwater supplies
22 -flood control
23 -erosion and sedimentation control
24 -storm damage prevention
25 -pollution prevention
26 -fisheries and shellfisheries
27 -wildlife habitat
28 -recreation and/or commercial use
9
0 The purpose of BWR 1.00 is to define and clarify that process by establishing standard definitions and uniform procedures by
31 which the Commission may carry out its responsibilities under Article 3.7 of the Town of Bourne By-laws.
32
33 BWR 1.00 is intended solely for use in administering Article 3.7 of the Town of Bourne By-laws;nothing contained herein
34 shouldbe construedas preempting orprecludingniore stringent protection of wetlands or othernatural resource areas by other
35 by-laws,ordinance or regulations.
36
37
38 BWR 1.02 Area of Jurisdiction(Resource Areas)
39
40 (1)Areas Sublectto ProtectionUnderArticle 3.7 ofthe Town ofBourne By-laws.The following areas are subject to protection
41 under Article 3.7 of the Town of Bourne By-laws:
42 (a) Any:
43 1. bank,
44 2. freshwater wetland,
45 3. coastal wetland,
46 4. beach,
47 5. dune,
48 6. flat,
49 7. marsh,
50 8. swamp,
51 9.wet meadow,or
52 10.bog,
53 (b)any:
54 1. creek
1.02: continued
August 31,2000 2
BWR 1.00 BOURNE CONSERVATION COMMISSION
1 2.estuary,
1 2 3.stream,
3 4.pond,or
4 5.lake;
5 (c)the ocean;
6 (d)Land underwater bodies;
7 (e)Riverfront Area;
8 (f) Land subject to flooding;
9 (g)Landsubject to coastal storm flowage,but not including that portion of a A-zone greater than 100 feet from the areas
10 listed in BWR 1.02(1)(a)through(f)
11 (h)Land within 100 feet of the areas listed in BWR 1.02(1)(a)through (f).
12 (i)Land within 200 feet of the areas listed in BWR 1.02(1)(a)through(f)when in an ACEC or the BEOD.
13
14
15 (2)Activities subject to regulation under the By-law
16 (a)Activities within resource areas: any activity proposed or undertaken within an area specified in BWR 1.02(1)which,
17 in the judgment of the Commission,will remove,fill,dredge,alter or cause adverse effect to an area subject to protection
18 under the By-law is subject to regulationunder the By-law and requires the filing of a Notice of Intent. If the applicant is
19 in doubt as to whether a Notice of Intent shall be required by the Commission, a Request for a Determination of
20 Applicability should be filed(BWR 1.05(4)(a)).
21 (b)Activities Outside the Areas Subject to Protection Under Article 3.7 of the Town of Bourne By-laws Any activity
22 proposed or undertaken outside the areas specified in BWR 10.02(1)is not subject to regulation under Article 3.7 of the
23 Town of Bourne By-laws,and does not require the filing of a Notice of Intent unless and until that activity actually alters
24 an Area Subject to Protection Under Article 3.7 of the Town of Bourne By-laws referenced in BWR 1.02(1)(a)through
25 (i).
26
27 In the event that the Commission determines that such activity has in fact altered an Area Subject to Protection Under
'�8 Article 3.7 of the Town of Bourne By-laws referencedinBWR 1.02(1)(a)through(h),it shall impose such conditions on
,9 the activity or any portion thereof as it deems necessary to contribute to the protection of the wetland resource values
10 identified in Article 3.7 of the Town of Bourne By-laws.
31
32 (3)Notwithstanding the provisions of BWR 1.02(l)and(2),anyfreshwater wetland,bank landunderwaterbodies,land subject
33 to flooding created for the purpose of stormwater management pursuant to Article 3.7 of the Town of Bourne By-laws,shall
34 not require the filing of a Notice of Intent or a request for Determination of Applicability to maintain the stormwater
35 management system,providedthat the workis limitedto the maintenance of the stormwater management system and conforms
36 to a Permit issued after August 31,2000,and that the area is not altered for other purposes.
37
38
39 BWR 1.03 General Provisions
40
41 (1) Burden of Proof.
42 Anypersonwho files allotice of Intent to perform any work within an Area Subject to ProtectionUnderArticle3.7 ofthe Town
43 of Bourne By-laws has the burden of demonstrating to the Commission:
44 (a) that the area does not playa role in the protection of any of the wetland resource values identified in Article 3.7 of the
45 Town of Bourne By-laws:or
46 (b) that the proposed work will contribute to the protection of the wetland resource values identified in Article 3.7 of the
47 Town of Bourne By-laws by complying withthe general performance standards established in the By-lawor BWR 1.00 for
48 that area or activity.
49
50 (2) Burden of Production. The burden of production means having to produce at least some credible evidence from a
51 competent source in support of the position taken.
52
53 (3) Where any section of BWR 1.00 provides that a proposed project "may be permitted"in certain circumstances,no such
54 project shall be undertaken until all of the usual procedures required by Article 3.7 of the Town of Bourne By-laws and BWR
`5 1.00 have been followed and a Permit has been issued for the work. The Commission shall impose such conditions on such
August 31,2000 3
BWR 1.00 BOURNE CONSERVATION COMMISSION
1 projects as maybe necessary to contribute to the protection of the wetlandresource values ofArticle 3.7 ofthe Town of Bourne
2 By-laws.
3
4
5 BWR 1.04 DEFINITIONS
6
7 A-Zone(including A-,AE-,Al-30 &A99)means those portions ofLand Subject to Coastal Storm Flowage which are subject
8 to inundation by types of 100 year flooding where stillwater flooding predominates.The landward boundary of the A-zone
9 within Land Subject to Coastal Storm Flowage shall be determined by reference to base flood elevation on the most recently
10 available flood dataprepared for the Town of Bourne under the National Flood Insurance Program. The boundaries determined
11 by the base flood elevation and a topographical plan of the parcel performed by a registered engineer or other professional
12 competent in such matters and shall be presumed accurate.
13 4
14 ACEC means an Area of Critical Environmental Concern established pursuant to 301 CMR 12.00
15
16 Adioining Land Areas means the land 100-ft.backas measured horizontally from the boundaryof any Wetland Resource Area
17 not in an area designatedby the Commonwealth of Massachusetts as anArea of Critical Environmental Concern(ACEC)or the
18 Bournedale Environmental Overlay District(BEOD). In the ACEC and/or the BEOD,"Adjoining Land Areas"shall mean the
19 land 200-ft.back as measured horizontally from the boundary of any Wetland Resource Area.This area is hereafter referred
20 to as the Buffer Zone.
21
22 Adverse Effect means any change inthe qualityof a Wetland Resource Areathat causes a diminishment in its ability to provide
23 the Wetland Resource Values protected by the By-law.
24
25 Alter means to change the condition of any Area Subject to Protection under the By-law. Examples of alterations include,but
26 are not limited to,the following:
27 (a)removal,excavation or dredging of soil,sand,gravel,or aggregate materials of any kind;
8 (b)changing of preexisting drainage characteristics,flushing characteristics,salinity distribution,sedimentation patterns,
9 flow patterns,or flood retention characteristics;
30 (c)drainage or other disturbance of water level or water table;
31 (d)dumping,discharging or filling with any material which may degrade water quality;
32 (e)placing of fill,or removal of material,which would alter elevations;
33 (f)driving of piles,erection or repair of buildings,or structures of any kind;
34 (g)placing of obstructions or objects in water;
35 (h)destruction of plant life,including cutting of trees;
36 (i)changing temperature,biochemical oxygen demand,or other physical or chemical characteristics of water;
37 0)any activities,changes or workwhichmay cause or tend to contribute to pollution of any body of water or groundwater;
38 or
39 (k)application of pesticides or herbicides.
40
41 Applicant means anyperson who files a request for determination of applicabilityor Notice of Intent,or on whose behalf such
42 a request or application is filed.
43
44 Area Subject to Protection Under the By-law means any area specified in BWR 1.02(1)
45
46 BEOD means the Bournedale Environmental Overlay District
47
48 Bank(coastal)is defined in 310 CMR 10.30
49
50 Bank(inland)is defined in 310 CMR 10.54
51
52 Beach(coastal)is defined in 310 CMR 10.27(2)
53
54 Bio is a type of freshwater wetland.
i
August 31,2000 4
BWR 1.00 BOURNE CONSERVATION CONMISSION
1 Boundary means the boundary of a resource area.
2
3 Bournedale Environmental Overlay District means that certain tract of land within the Town of Bourne that is bounded by the
4 Plymouth/Bourne town line,Route 3,the Cape Cod Canal and Route 25.
5
6 1.04: continued
7
8 By-law means Article 3.7 Wetland and Natural Resource Protection By-law of the Town of Bourne.
9
10 Certificate of Compliance means a written determination by the Commission that work or a portion thereof has been completed
11 in accordance with a Permit.
12
13 Coastal Wetlands means any marsh,swamp,meadow,bank,flat or other lowland subject to tidal action.
14
15 Commission means the Conservation Commission of the Town of Bourne.
16
17 Compliance-A project is in compliance with these regulations and a Certificate of Compliance will be issued when the
18 requirements set forthinBWR 1.05(l 1)have been fulfilled(i.e.,project is consistent withplans submitted and Permit issued).
19
20 Conditions means those requirements set forth in a written Permit issued by the Commission for the purpose of permitting,
21 regulating or prohibiting any activity that remove,fill,dredge,alter or cause adverse effect to an Area Subject to Protection
22 Under the By-law.[See also BWR 1.05(7).]
23
24 Conservation Commission Agent means the duly authorizedrepresentative of the Commission,with the authority to carryout
25 certain of the Commission's functions. These shall include,but not be limited to,carrying out site visits,determination of
26 application completeness,the issuance of Cease and Desist Orders,and reports to the Commission.
27
'8 Creek means the same as a stream,as defined in BWR 1.04.
'9
30 Date of Issuance means the date a Permit is mailed,as evidenced by a postmark,or the date it is hand delivered,as evidenced
31 by a signed receipt.
32
33 Determination.
34 (a) a Determination of Applicability means a written finding by the Commission as to whether a site or the work proposed
35 thereon is subject to the jurisdiction of Article 3.7 of the Town of Bourne By-laws.
36 (b) a Determination of Significance means a written finding by the Commission,after a public hearing,that the area on
37 which the proposed work is to be done,or which the proposed workwill alter,is significant to one or more of the wetland
38 resource values identified in Article 3.7 of the Town of Bourne By-laws. It shall be made as part of the Permit.
39 (c) a Notification of Non-Significance means a written finding by the Commission,after a public hearing,that the area
40 on whichthe proposed workis to be done,or which the proposed work will alter,will not have a significant or cumulative
41 effect on any of the wetland resource values of Article 3.7 of the Town of Bourne By-laws.
42
43 Dune means coastal dune,as defined in 310 CMR 10.28(2).
44
45 Eelarass Beds means those areas where the marine substrate is populated by eelgrass(Zoster a marina)in quantities
46 considered significant to shellfish habitat as determined by DMF and/or Bourne DNR. Destruction of such beds is
47 prohibited.
48
49 Erosion means the wearing away of the land by running water,wind,ice,or other geological agents.
50
51 Erosion and Sedimentation Control means both the ability of the Wetland Resource Area to perform these functions and the
52 responsibility of the project applicant to propose a design that incorporates these controls into the plan to prevent damage to
53 the wetland resource area,buffer zone or abutting properties from erosion/sedimentation and water displacement caused by
54 the project.Furthermore,each proposed project must be designed to prevent damage to the wetland resource area due to
5 scouring,propeller wash/shear,re-suspension of sediments andfromincreasedwave energy.Projects shallbe designedto cause
August 31,2000 5
BWR 1.00 BOURNE CONSERVATION COMNIISSION
1 no adverse effect on significant shellfish habitat and/or eelgrass beds.
2
3 Extension Permit means a written extension of time within which the authorized work shall be completed.
4
5 FEMA means the Federal Emergency Management Agency.
6
7 Fill means to deposit any material so as to raise an elevation,either temporarily or permanently.
8
9 FIRM means the most recent Federal Insurance Rate Map of the Town of Bourne.
10
11 Fisheries and Shellfisheries means all fish and shellfish found in fresh,salt or brackish waters and any organisms(including
12 plants)that make up part of the food chain/web of such animals regardless of their commercial value.The By-law requires
13 that a project be designed so as not to contaminate,damage or impair fish/shellfish,its food supply,habitat,or water supply.
14 All projects proposed in public wetland resource areas must meet the performance standard of no adverse effect.
15
16 Flat is defined in 310 CMR 10.27(2)(b).
17
18 Flood Control means the ability of the Wetland Resource Area to prevent and/or reduce flooding and flood damage.
19
20 Freshwater wetland means a Wetland Resource Area that due to its vegetation,soils,and/or hydrology has at least one of the
21 following characteristics:
22 a. a wetland plant community,
23 b. holds enough water to provide a breeding habitat for certain water dependent fauna species,or
24 c. 50%or more of the vegetational community is composed of wetland plant species.
25
26 General Performance Standards means those requirements established by BWR 1.00 for activities in or affecting each of the
27 Areas Subject to Protection Under the By-law,Article 3.7 of the Town of Bourne By-laws.
,8
9 Groundwater Supplies means any water below the earth's surface in the zone of saturation below the Wetland Resource Area
30 or below the Buffer Zone.
31
32 Hardship means the application of Article 3.7 of the Town of Bourne By-laws to aparticular piece of property,evaluated in its
33 totality, owing to the unique characteristics of the property, that is unduly oppressive,arbitrary or confiscatory and would
34 involve substantial economic loss to the applicant because ofthe literal enforcement of the By-lawprovided that the conditions
35 and characteristics of the property are not the result of the actions of the applicant,or owner,or their agents,predecessors,
36 successors or assignees.
37
38 Impair means to make or cause to become worse;weaken or damage.
39
40 Isolated Land Subject to Flooding is defined in 310 CMR 10.57(2)(b).
41
42 Lake means any open body of fresh water with a surface area of ten acres or more,and shall include great ponds.
43
44 Land Containing Shellfish is defined in 310 CMR 10.34(2)
45
46 Land Subiect to Coastal Storm Flowage is defined in 310 CMR 10.04
47
48 Land Subject to Flooding is defined in 310 CMR 10.57(2).
49
50 Land Subject to Tidal Action means land subject to the periodic rise and fall of a coastal water body,including spring tides.
51
52 Land Under Salt Ponds is defined in 310 CMR 10.33(2).
53
54 Land Under Water bodies and Waterways is defined in 310 CMR 10.56(2)
i
August 31,2000 6
BWR 1.00 BOURNE CONSERVATION CONMISSION
1 Limit of Work means the boundary beyond which no work may take place.
2
3 Marsh is a type of freshwater wetland.
4
5 Mean High Water Line means the line where the arithmetic mean of the high water heights observed over a specific 19-year
6 metopic cycle(the National Tidal Datum Epoch)meets the shore and shall be determined using hydrographic survey data of
7 the National Ocean Survey of the U.S.Department of Commerce.
8
9 Mean Low Water Line means the line where the arithmetic mean of the low water heights observed over a specific 19-year
10 metopic cycle(the National Tidal Datum Epoch)meets the shore and shall be determined using hydrographic survey data of
11 the National Ocean Survey of the U.S.Department of Commerce.
12
13 Minimize means to achieve the least amount of adverse effect that can be attained using best available measures or best
14 practical measures,whichever is referred to in the pertinent section.
15
16 Modify means to amend.
17
18 Ocean means Buzzards Bay,Massachusetts Bay and all contiguous waters subject to tidal action except salt ponds.
19
20 Notice of Intent means an application for a permit to remove,fill,dredge,alter or cause adverse effect an area subject to
21 protection under the By-law.
22
23 Person means any individual,group of individuals,association,partnership,corporation,company,business organization,
24 trust,estate,the Commonwealth or political subdivision thereof to the extent subject to town By-laws,administrative
25 agency,public or quasi-public corporation or body,Town of Bourne,or any other legal entity or its legal representatives,
26 agents or assigns.
27
28 Plans means such data,maps,engineering drawings,calculations,specifications,schedules and other materials,if any,
9 deemed necessary by the Commission to describe the site and/or the work,to determine the applicability of Article 3.7 of
30 the Town of Bourne By-laws,or to determine the impact of the proposed work upon the wetland resource values identified
31 in Article 3.7 of the Town of Bourne By-laws.
32
33 Pollution Prevention means a project must be designed in a manner as to not cause pollution to the ground or surface
34 waters and that will not in any way result in the degradation to the Wetland Resource Area.
35
36 Pond(coastal)-means Salt Pond as defined in 310 CMR 10.33(2)
37
38 Pond(inland) is defined in 310 CMR 10.04
39
40 Public and Private Water Supplies means anysurface wateror groundwater supplythat has,is,or could be used for consumption
41 by humans or livestock.
42
43 Recreational and/or Commercial Use means,but is not linutedto,the purposes for whichthe Wetland Resource Areaare used
44 by the public such as navigation,fishing,hunting,shellfishing,swimming,water skiing,diving,walking,etc. A project must be
45 designed so as to not impair the ability of the Wetland Resource Area to provide for these public recreational and/or
46 commercial uses.
47
48 Remove means to take away any type of material,thereby changing an elevation,either temporarily or permanently
49
50 Request for DeterminationofAI)plicability means a written request made by any person to the Commission for a determination
51 as to whether a site or work thereon is subject to Article 3.7 of the Town of Bourne By-laws.
52
53 Riverfront Area is defined in 310 CMR 10.58
54
-5 Rocky Intertidal Shore is defined in 310 CMR 10.31(2)
August 31,2000 7
BWR 1.00 BOURNE CONSERVATION CONMUSSION
1 Salt Pond is defined in 310 CMR 10.32(2).
2
3 Significant Shellfish Habitat means those areas containing shellfishindensities(numbers)and/orhabitat consideredsignificant
4 by the state Divisionof Marine Fisheries(DMF)and/orthe Bourne Department ofNatural Resources(DNR).The Commission
5 shall also evaluate informationprovidedby local recreational and commercial shellfishers andbythe applicant.No project shall
6 be permitted if it will cause any adverse effect on shellfish habitat and/or shellfish densities and/or impair the ability to harvest
7 shellfish and/or cause adverse effect to eelgrass beds.
8
9 StormDamage Preventionmeans the projectmustbe designedinamannerthat ensures the'prevention of damage to the Wetland
10 Resource Armand abutting properties caused by,but not limitedto,erosion and sedimentation,damage to vegetation,damage
11 to property or buildings,or damage caused by the displacement of water,water-borne debris or water-borne ice.
12
13 Stream means a body of running water,including brooks,creeks,and rivers which moves in a definite channel in the ground
14 due to a hydraulic gradient,and which flows within,into or out of an Area Subject to Protection Under Article 3.7 of the Town
15 of Bourne By-laws. A portion of a stream may flowthrough a culvert or beneath abridge. Such a body of running water which
16 does not flow throughout the year(i.e.,which is intermittent)is a stream except for that portion upgradient of all freshwater
17 wetlands,bogs,swamps,wet meadows and marshes.
18
19 Swamo is,a type of freshwater wetland.
20
21 V-zone means velocity zone.
22
23 Veloci!yZone(including V-.VE &Vi-30)means those portions of Land Subject to Coastal Storm Flowage whichare coastal
24 high hazard areas or areas of special flood hazard extending from the inland limit within the 100 year floodplain seaward
25 supporting waves greater than three feet in height.. The boundaries of the V-zones within Land Subject to Coastal Storm
26 Flowage shall be determinedby reference to the most recently available flood dataprepared for the Town of Bourne under the
27 National Flood Insurance Program. In the event of a v-zone boundary conflict,the Commission may require the applicant to
28 determine the boundary by engineering calculations which shall be based upon the appropriate wave height or wave run-up
29 methodology for the affected shoreline reach as set forth in the FEMA Publication,"Guidelines and Specifications for Wave
30 Envelope Determination and V-Zone Mapping,"(the Guidelines),and prepared and certified by a registered professional
31 engineer. Notwithstanding the v-zone delineation on the most recent Federal Insurance Rate Map(FIRM),where a V-zone has
32 been depicted on the latest FIRM on abarrier beach with a frontal dune reservoir less than 540 square feet(as explained in the
33 National Flood Insurance Program and Related Regulations[44 Code of Federal Regulations,Chapter 1,Section 65.11]),the
34 V-zone shall be remapped using the Guidelines.(see illustration)
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53-
August 31,2000 8
BWR 1.00 BOURNE CONSERVATION COMNIISSION
1 Vernal Pool means those areas mapped and certified by the Massachusetts Natural Heritage and Endangered Species Program
2 as well as those areas identified in the field as eligible for certification.
3
4 Water means all surface and groundwater associated with the Wetland Resource Areas and/or the land 100-ft.from such areas.
5
6 Wet Meadow is a type of freshwater wetland.
7
8 Wetland Resource Areas means all wetland resource areas mentioned in Chapter 131,section 40 MGL and its Regulations at
9 310 CMR 10.00 et.seq.,as from time to time amended,and any other area that due to its vegetation,soils,and/or hydrology
10 supports a wetland plant community or holds enough water to provide a breeding habitat for certain water dependent fauna
11 species. Areas inwhi650%or more of the vegetational community is composed of wetland plant species shall be classified
12 as a wetland resource area. It is used synonymously with Area Subject to Protection Under Article 3.7 of the Town of Bourne
13 By-laws,each one of which is enumerated in BWR 1.02(1)
14
15 Wetland Resource Values means public and private water supplies, groundwater supplies, flood control, storm damage
16 prevention, pollution prevention, fisheries and shellfisheries, wildlife habitat, erosion and sedimentation control, and
17 recreational and/or commercial uses.
18
19 Wildlife Habitat means the place within 'each Wetland Resource Area or Buffer Zone thereto, where animal life
20 (vertebrates/invertebrates)live. This habitat shall consist of the plants,soil physical features and/or water which provides for
21 the animal species.Proposed proj ects must be designed to maximize protection of wildlife habitat.All state rare species(plant
22 and/or animal)officially listed as endangered,threatened,or of special concernbythe Massachusetts Divisionof Fisheries and
23 Wildlife under 321 CMR 8.00 et.seq.,and from time to time amended,andthose species oflocal significance whichlive within
24 the wildlife habitat shall be fully protected by the By-law and their habitat must not be impaired in any way by a proposed
25 project.
26
27
28 BWR 1.05 Procedures
Z9
30 The following procedures shall apply to all filings under the Bourne Wetlands By-law
31
32 (1) Time
33 Periods. All
34 VERTICAL LINE FROM PEAK OF time periods
35 SAND RESSEVOIR TO DC FRONTAL DUNE of ten days or
ANALYZED TO DETERMINE
36 DUNE F AILUNE I'0 I EN I IAL INI ANIS rkTrNT nr less specified
37 ''—. x PRIMARY FRONTAL in Article 3.7
38 Still water Flood Elevation x /OUIVE
------------- loo Year SWFL-------- of the Town of
PRIMARY
39 rRol�rnL Bourne By-
DU :
40 NE� RAS"s"^RF— laws,and BWR
41 ` BEACH 1.00 shall be
N b Y U __r./ MINIMUM LIMIT I -
42 - OF V TONE
43 I computed
using business
44 ' days only. In
' 45
45 FACTORS TO BE CONSIDERED IN DETERMINING the case of a
DUNE FAILURE POTENTIAL AND V ZONE MAPPING determination,
47 Permit or
48 tentative
49 decision, such
50 period shall commence on the first day after the date of issuance and shall end at the close of business on the tenth business
51 daythereafter.All other time periods specified in Article 3.7 of Town of Bourne By-laws,and BWR 1.00 shall be computed
52 on the basis of calendar days,unless the last day falls on a Saturday,Sunday or legal holiday,in which case the last day shall be
53 the next business day following.
54
August 31,2000 9
' I
i
BWR 1.00 BOURNE CONSERVATION COMMISSION
1 (2) Actions by Conservation Commission. Where Article 3.7 of the Town of Bourne By-laws,states that a particular action
2 (except receipt of a request or notice)is to be taken by the Commission, that action is to be taken by more than half the
3 members present at a meeting of at least a quorum. A quorum is defined as a majority of the members then in office.
4
5 Where Article 3.7 of the Town of Bourne By-laws,states that the Commission is to receive a request or Notice of Intent,
6 Commission means an individual designated by the conservation commission to receive such request or Notice of Intent.
7
8 (3)reserved
9
10 (4) Determinations of Applicability.
11 (a) Requests for Determination of Applicability.
12 1. Anypersonwho desires a determination as to whetherArticle 3.7 of the Town of Bourne By-laws,applies to land,
13 ortoworkthatmayaffect anAreaSubjectto Protection Under Article 3.7 of the Town of Bourne By-laws,maysubmit
14 to the Commission by certified mail or hand delivery a Request for a Determination of Applicability. Such request
15 shall include such information as required to enable the Commission to find and view the area and to determine
16 whether the proposed work will remove,fill,dredge,alter or cause adverse effect to an Area Subject to Protection
17 Under the By-law.
18 2. ARequest for a Determination of Applicability shall include certification that the owner of the area subject to the
19 request,if the person making the request is not the owner,has been notified that a determination is being requested
20 under Article 3.7 of the Town of Bourne By-laws.
21 3. Notice to Abutters. Any person filing a Request for Determination of applicability with the Conservation
22 Commission shall give written notice thereof,no less than five(5)business days prior to the scheduled Commission
23 meeting,by certified mail-return receipt requested postage prepaid or by delivery in hand,to all abutters to the
24 proposed project and to the property owner if other than the applicant,according to the most recent records of the
25 Bourne Board of Assessors.
August 31,2000 10
BWR 1.00 BOURNE CONSERVATION CONMIISSION
1 The notice shall specify the date,time and location of the Commission meeting,and shall also specify where a copy of the
1.2 Request for Determination,accompanying plans and documents may be examined and obtained.
3 (b) Determination of Applicability.
4 1. Withm 21 days after the date of receipt of the Request for a Determination of Applicability,the Commission shall
5 issue a Determination of Applicability. Notice of the time and place of the public hearing at which the determination
6 will be made shall be given by the Commission at the expense of the person making the request not less than five days
7 prior to such meeting,by publication in a paper of local circulation and by mailing a notice to the person making the
8 request,and the owner. Notice shall also be given in accordance with the Open Meeting Law,M.G.L.c.39,§23B.
9 Said determination shall be signed by a majority of the conservation commission,and copies thereof shall be sent by
10 the Commission to the person making the request,and to the owner. Said determination shall be valid for three years
11 from the date of issuance.
12 2. The conservation commission shall find that Article 3.7 of the Town of Bourne By-laws,applies to the land,or a
13 portion thereof,if it is an Area Subj ect to Protection Under Article 3.7 of the Town of Bourne By-laws,as defined in
14 BAR 1.02(1). The conservation commission shall find that Article 3.7 of the Town of Bourne By-laws applies to the
15 work,or portionthereof,if it is an Activity Subject to Regulation Under Article 3.7 of the Town of Bourne By-laws
16 as defined in BWR 1.02(2).
17 3. Reserved
18 4. Reserved
19 5. A Notice of Intent which is filed as a result of apositive determination shall be filed withthe Commission,and all
20 of the procedures set forth in BWR 1.05(5)shall apply.
21
22 (5) Notice of Intent
23 (a) Any person who proposes to do work that will remove,fill,dredge,alter or cause adverse effect to an Area Subject to
24 ProtectionUnder Article 3.7 of the Town of Bourne By-laws shall submit allotice ofIntent,and other applicationmaterials
25 in accordance with the submittal requirements of 310 CMR 10.00, the By-law,and BWR 1.00.
26 1.The person filing allotice of Intent with the Bourne Conservation Commission must submit with said document a
27 Notice of Intention Authorization Form which clearly identifies the locus of the intended project,certifies to the
8 Commission that the applicant is the owner of the locus where work is to occur and that the owner approves of the
9 proposed work.
-10 (b) A Notice of Intent shall expire where the applicant has failed to diligently pursue the issuance of a Permit in
31 proceedings under BWR 1.00. A Notice of Intent shall be presumed to have expired one year after the date of filing unless
32 the applicant submits information showing that(a)good cause exists for the delay of proceedings under BWR 1.00;and
33 (b)the applicant has continued to pursue the project diligentlyinother forums inthe interveningperiod;provided,however,
34 that unfavorable financial circumstances shall not constitute good cause for delay. No Notice of Intent shall be deemed
35 expired under this section when an appeal is pending and when the applicant has provided all information necessary to
36 continue with the prosecution of the case.
37 (c)Compliance with Setion 3.112 of the Town of Bourne By-laws,.At the time of filing the Notice of Intent,the owner(s)
38 of the property(ies)upon which the project is proposed that they are in compliance with Section 3.11.2 regarding payment
39 of any local taxes,fees,assessments,betterments or other municipal charges, including amounts assessed under the
40 provisions of section 21 D.
41 (d)reserved
42 (e)Abutter Notification for Notice of Intent Any person filing a Notice of Intent with the conservation commission shall
43 at the same time give written notification thereof,by delivery in hand,or certified mail,return receipt requested,to all
44 'abutters and other landowners within 100 feet of the property line of the land where the activity is proposed,at the mailing
45 addresses shown on the most recent applicable tax list of the assessors, including,but not limited to, owners of land
46 directly opposite saidproposed activity on anypublic or private way,and in another municipality or across abody of water.
47 Saidnotificationshallbe at the applicants expense,and shall state where the copies of the Notice of Intent maybe examined
48 and obtained or shall include a copy of the complete Notice of Intent and where information the date,time and place of the
49 hearing may be obtained. An affidavit of the person providing such notice,with a copy of the notice mailedor delivered,
50 shall be filed with the Commission.
51
August 31,2000 11
BWR 1.00 BOURNE CONSERVATION COMMISSION
1
2 (6) Public Hearings.
3 (a) A public hearing shall be held by the Commissionwithin2l days of receipt of the minimum submittal requirements
4 and shall be advertised in accordance with Article 3.7 of the Town of Bourne By-laws and the requirements of the Open
5 Meeting Law,M.G.L.c.39,§23B.
6 (b) The advertising cost for a public hearing for a permit or request for determination shall paid by the applicant. The
7 advertising cost for a public hearing for any other matter shall be shall be paid by the person requesting said hearing.
8 (c) Public hearings may be continued as follows:
9 1. without the consent of the applicant to a date announcedat the hearing,within2l days,of receipt of the complete
10 Notice of Intent;
11 2. with the consent of the applicant,to an agreed-upon date,which shall be announced at the he or
12 3. with the consent of the applicant for a period not to exceed 21 days after the submission of a specified piece of
13 information or the occurrence of a specified action. The date, time and place of said continued hearing shall be
14 publicized in accordance with Article 3.7 of the Town of Bourne By-laws.
15
16 (7)Permits
17 (a)Scope.APermit is designed to allow the proposedconstruction activitywhile,at the same time,ensuring that valuable
18 wetlands resources will be protected from either deliberate or accidental damage. Resource area protection is achieved
19 by a combination of design elements within the approved plan and by additional conditions imposedby the Commission.
20 All construction activities must be completed in compliance with the existing Permit.
21 (b) Within 21 days of the close of the public hearing,the Commission shall either:
22 1. make a determination that the area on which the work is proposed to be done,or which the proposed work will
23 remove,fill,dredge,alter or cause adverse effect to,is not significant to any of the wetland resource values identified
24 in Article 3.7 of the Town of Bourne By-laws,and shall so notify the applicant;or
25 2. make a determination that the area on which the work is proposed to be done,or which the proposed work will
26 remove,fill,dredge,alter or cause adverse effect to,is significant to one or more of the wetland resource values
27 identified in Article 3.7 of the Town of Bourne By-laws,and shall issue a Permit for the protection of said wetland
28 resource value(s). -
9 (c) The Permit shall impose such conditions as are necessary to meet the performance standards set forth in 310 CMR
0 10.21 through 10.60 and BWR 1.16(1). The Permit shall impose conditions only upon work or the portion thereof that
31 is to be undertaken within an Area Subject to Protection Under the By-law. The Permit shall impose conditions setting
32 limits on the quantity and quality of discharge from a point source(both closed and open channel),when said limits are
33 necessary to protect the wetland resource values identified in the By-law;provided,however,that the point of discharge
34 falls within an Area Subject to Protection Under the By-law.
35 1
36 Notwithstanding the foregoing, when the Commission has determined that an activity outside the Areas Subject to
37 Protection Under the By-law has in fact altered an Area Subject to Protection Under the By-law, it shall impose such
38 conditions on any portion of the activity as are necessary to contribute to the protection of the wetland resource values
39 identified in the By-law.
40
41 (d) Except as provided in M.G.L.c. 131, §40 for maintenance dredging,a Permit shall be validfor three years from the
42 date of its issuance;provided, however, that the Commission may issue a Permit for up to five years where special
43 circumstances warrant and where those special circumstances are set forth in the Permit.
44 (e) The Permit shall be signedby a mai ority of the Commission and shall be mailed or hand delivered to the applicant or
45 his agent or attorney.
46 (f) A copy of the plans describing the work and the Permit shall be kept on file by the conservation commission and shall
47 be available to the public at reasonable hours.
48 (g) Prior to the commencement of any work permitted or required by the Permit,the Permit shall be recorded in the
49 Registry of Deeds or'the Land Court for the district in which the land is located,within the chain of title of the affected
50 property. In the case of recorded land,the Permit shall also be noted in the Registry's Grantor Index under the name of the
51 owner of the land upon which the proposedworkis to be done. In the case of registered land,the Permit shall also be noted
52 on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. Certification
53 of recording shall be sent to the Commission. If work is undertaken without the applicant first recording the Permit,the
54 Commission may issue an Enforcement Order or may itself record the Permit.
�5
August 31,2000 12
BWR 1.00 BOURNE CONSERVATION COMMISSION
1
2 (8)Amended Permits
3 (a)Following the issuance of a Permit,unforeseen circumstances sometimes arise which may require minor deviations
4 from the project approved in that Permit. To allow for the smooth operation of the permitting procedure and to avoid
5 unnecessary and unproductive duplication of regulatory effort after a Permit has been issued,it would not be reasonable
6 to require a complete refiling of the Notice of Intent when the changes sought in the Permit are relativelyminor and will
7 have unchanged or less impact on the wetland resource values protected by the By-law. Amended Permits provide
8 assurances to applicants that modifications undertaken in the course of the project are withinthe scope of the deviations
9 allowed for the receipt of a Certificate of Compliance at BWR 1.05(l 1). No Amended Permit shall be issued for a Permit
10 that has expired.
11 (b)Minor Changes.The most simple changes,such as correcting obvious mistakes such as citing a wrong file number or
12 typographical errors,may be accomplished by correction of the Permit by the Commission or the Conservation Agent.
13 (c)Moderate Changes.
14 1. The applicant shall make a request for an amendment to the Commission. The request for an amendment of the
15 Permit is to be made either orally at a regularly scheduled meeting of the Commission or by submitting the request
16 to the Commission in writing.
17 2. The Commission shall make a determination whether the requested change is of a relatively minor nature and can
18 be considered as an amendment to the original Permit. In making this determination,the Commission shall consider
19 suchfactors as whetherthe purpose of the project has changed,whether the scope ofthe project has increased,whether
20 the project meets relevant performance standards,and whether the potential for adverse impacts to the protected
21 statutory wetland resource values will be increased. Relatively minor changes which result in the same or decreased
22 impact on the wetland resource values protected by the By-law shall be considered a Minor Change.
23 3.Ifthe Commission determines that a new Notice ofIntent is not necessary,the Commission shall publish newspaper
24 notice(at the applicant's expense)in the same general manner as outlined in the By-law for anewNotice of Intent and
25 as required by the Open Meeting Law,M.G.L.c.39,§23B,to informthe public that the request for amendment to the
26 Permit will be considered by the Commission at a public hearing.
27 4. The applicant shall follow the requirements of abutter notification as if filing a Notice of Intent as described in
28 BWR 1.05(5).
9 5. The usual appeal procedure of the Permit shall apply to the amended permit,however the issues under appeal will
-0 be limited to those issues subject to the amendments)or the change(s)made in the Permit. Until there is a final
31 resolution of the appeal,no work may continue on those portions of the project not permitted under the Permit but
32 only permitted by the amendment(s)which has been appealed.
33 6. Under no circumstances shall the issuance of anAmendedPermit extend the effective date of the original Permit.
34 The Amended Permit shall run with the term of the original Permit or the effective date of an extended Permit.
35 7.The AmendedPermit shall be issued on the form provided for a Permit,with the insertion of the word"Amended"
36 and the amendment date. Amended Permits shall be recorded with the Registry of Deeds in the same manner as
37 Permits.
38 (d)Significant Chan. Significant changes require the filing of a new Notice of Intent.
39
40 (9)Denials
41 (a)Procedural Denials.
42 If the Commissionfmds that the information submittedby the applicant is not sufficient to describe the site,the work,or
43 the effect of the work on the wetland resource values identified in the By-law,it may issue a denial prohibiting the work.
44 The denial shall specify the information which is lacking and why it is necessary. In writing the procedural denial,the
45 Commission shall:
46 1. State that the denial is specifically based on lack of information describing the site,the work and/or the effect of
47 the work on the wetland resource values identified in the By-law;
48 2. List specific informationneeded m each of the three possible problem areas mentioned above,citing appropriate
49 sections of BWR 1.00;and
50 3. State that the Commission encourages a resubmittal of a Notice of Intent with the above requested information.
51 (b)Substantive Denials.The Commission shall prohibit any work or any portion thereof that cannot be conditioned to meet
52 the standards of 310 CMR 10.00,BWR 1.16(1)and the By-law.
53
54 The written decision will include the reasons for the denial, citing wetland resource values protected, and relevant
`5 regulations.,The written decision will be signed by a majority of the Commission.
August 31,2000 13
BWR 1.00 BOURNE CONSERVATION CONMISSION
1
2 (10) Extensions of Permits.
3 (a) The Commission may extend a Permit for one or more periods of three years each. The request for an extension shall
4 be made to the Commission at least 30 days prior to expiration of the Permit. "
5 (b) The Commission may deny the request for an extension and require the filing of a new Notice of Intent for the
6 remaining work in the following circumstances:
7 1. where no work has begun on the project,except where such failure is due to an unavoidable delay,such as appeals,
8 in the obtaining of other necessary permits;
9 2. where newinformation,not available at the time the Permit was issued,has become available and indicates that the
10 Permit is not adequate to protect the wetland resource values identified in Article 3.7 of the Town of Bourne By-laws;
11 3. where incomplete work is causing damage to the wetland resource values identified in Article 3.7 of the Town of
12 Bourne By-laws_
13 4. where work has been done in violation of the Permit or BWR 1.00;or
14 5. where applicable sections of the Article 3.7 of the Town of Boume By-laws and/or BWR 1.00 have been changed.
15 (c) Request for Hearing
16 1.Any party specified in BWR 1.10(1)(a) may request a hearing in writing prior to the issuance of the Extension
17 Permit,or within 10 days of the issuance of the decision relative to the request for an Extension Permit.
18 2.Any decision regarding an Extension Permit where no hearing was held shall be a tentative decision.
19 3.Where no hearing has been held,and no request for a hearing has been made pursuant to BWR 1.05(10)(c)I,the
20 tentative decision shall be final.
21 4.Where a request for ahearing is made,the commission shall conduct a hearing and issue a final decision pursuant
22 to the procedures specified in BWR 1.05(6).
23 5.Where arequest for anhearing is filedafter the tentative decisionis issued,the Commissionshall conduct shearing
24 regarding the issuance of a final decision without prejudice to all parties.
25 (d) The Extension Permit shall be signed by a majority of the commission.
26 (e) The Final Extension Permit shall be recorded in the Land Court or the Registry of Deeds,whichever is appropriate.
27 Certification of recording shall be sent to the Commission. If work is undertaken without the applicant so recording the
28 Final Extension Permit,the Commission may issue anEnforcement Order ormayitselfrecordthe Final Extension Permit.
9
0 (11)Certificate of Compliance
31 (a) Upon written request by the applicant for a Certificate of Compliance,the Commission shall issue a decision regarding
32 the request within 21 days of receipt thereof. A Certificate of Compliance is issued by the Commission and may certify _
33 that the activity or portions thereof described in the Notice of Intent and plans has been completed in compliance with the
34 Permit. The Certificate of Compliance shall be signed by a majority of the Commission.
35 (b) Prior to the issuance of a Certificate of Compliance,a site inspection shall be made by the Commission,or its agent,
36 with prior notice to the applicant or the applicant's agent,of the date and time of said site inspection.
37 (c) If the Commission determines,after review and inspection,that the work has not been done in compliance with the
38 Permit,it may refuse to issue a Certificate of Compliance. Such refusal shall be issued within 21 days of receipt of a
39 request for a Certificate of Compliance,shall be in writing and shall specify the reasons for denial.
40 (d) If a project has been completed in accordance with plans stamped by a registered professional engineer,architect,
41 landscape architect or land surveyor,a written statement by such a professional person certifying substantial compliance
42 with the plans and setting forth what deviation,if any,exists from the plans approved in the Permit shall accompany the
43 request for a Certificate of Compliance.
44 (e) If the Permit contains conditions which continue past the completion of the work,such as maintenance or monitoring,
45 the Certificate of Compliance shall specify which,if any,of such conditions shall continue. The Certificate shall also
46 specify to what portions of the work it applies,if it does not apply to all the work regulated by the Permit.
47 (f)The Final Certificate of Compliance shall be recorded in the Land Court or Registryof Deeds,whichever is appropriate.
48 Certification of recording shall be sent to the Commission. Upon failure of the applicant to so record,the Commission
49 may do so.
50 (g) Request for Hearing
51 1.Any partyspecified in BWR 1.10(l)(a)mayrequest a hearing in writing prior to the issuance of the Certificate of
52 Compliance,or within 10 days of the issuance of the decision relative to the request for a Certificate of Compliance:
53
54 2.Any decision regarding a Certificate of Compliance where no hearing was held shall be a tentative decision.
August 31,2000 14
BWR 1.00 BOURNE CONSERVATION COMINESSION
1 3.Where no hearing has been held,and no request for a hearing has beenmade pursuant to BWR 1.05(11)(g)1,the tentative
2 decision shall be final.
August 31,2000 15
BWR 1.00 BOURNE CONSERVATION COMMSION
1 4.Where a request for a hearing is made,the commission shall conduct a hearing and issue a final decision pursuant
2 to the procedures specified in BWR 1.05(6).
3 5.Where arequest for anhearing is filed after the tentative decision is issued,the commission shall conduct ahearing
4 regarding the issuance of a final decision without prejudice to all parties.
5
6 (12)Recording in Registry of Deeds or Land Court
7 (a)The following forms issued by the Commission shall be recorded in the Barnstable County Registry of Deeds or the
8 Land Court,whichever is appropriate:
9 1. Permit
10 2. Amended Permit
11 3. Notification of Non-Significance
12 4. Final Extension Permit
13 5. Final Certificate of Compliance
14 (b) If the applicant fails to timely record any of these documents (unless in accordance with paragraph c,below), the
15 Commission is empowered to do so. As proof of recording,the applicant must deliver to the Commission the recording
16 slip at the bottom of the Permit,Amended Permit,Notification of Non-Significance,Final Extension Permit,or Final
17 Certificate of Compliance,as appropriate. In such cases,the Commission is also empowered to issue an Enforcement
18 Order prohibiting any work.
19 (c)If the applicant desires to delay the recording of the Permit,theyshall so state inwritingto the Commissionthe reasons
20 for the delay,and the estimated date of recording. In no case shall any construction commence unless and until the Permit
21 has been recorded.
22
23
24 BWR 1.06 Emergency Work
25 (1) All emergencies permitted under the Massachusetts Wetlands Protection Act,G.L.c. 131,s.40,as from time to time
26 amended(hereinafter the"Act"),shall be permitted under the By-law.
27
28
;9 BWR 1.07 Performance Guarantee
:0
31 (1) Introduction. The performance guarantee is a tool available to the Commission to insure that proposed work is done in
32 compliance with a Permit.
33
34 (2) Procedure.The Commission may require,as a permit condition,that a performance and observance of other conditions
35 be secured by one or both of the following methods described in BWR 1.07(2)(a)and(b).
36 (a) The following forms of security,in the amount determined by the Commission to be sufficient and payable to the Town
37 of Bourne,shall be released in whole or in part upon the issuance of a Certificate of Compliance:
38 1.bond;
39 2.deposit of money;
40 3.negotiable securities;or
41 4.other undertaking of financial responsibility.
42 (b) The following forms of security shall be executed and duly recorded in the Barnstable County Registry of Deeds by
43 the owner of record running with the land the benefit of the Town of Bourne whereby the applicable permits conditions
44 shall be performed and observed before any lot may be conveyed other than by mortgage deed:
45 1.conservation restriction pursuant to Sections 31,32,and 33 of Chapter 184 of the General Laws;
46 2.easement;or
47 3.other covenant running with the land enforceable in a court of law.
48
49 (3) The performance guarantee specified in BWR 1.07(2)(a) should be extended to "The Town of Bourne Conservation
50 Commission"based on the Permit,(File ),Special Condition No. and shall state the specific work covered by
51 the performance guarantee.
August 31,2000 16
BWR 1.00 BOURNE CONSERVATION COMNESSION
1
2 (4)If it is requiredthat atime periodbe stated fora form of performance guarantee specified inBWR 1.07(2)(a),the applicant
3 shall insure that the bond performance guarantee be continued if the work is not successfully completed at the end of that
4 period,or the commission may elect to utilize the performance guarantee to complete the work.
5
6
7 BWR 1.08 Enforcement
8
9 (1)Cease and Desist Orders
10 (a) When the Commission determines that an activity is in violation of Article 3.7 of the Town of Bourne By-laws or a
I 1 Permit,the Commission may issue a Cease and Desist Order. Violations include,but are not limited to:
12 1. failure to comply with a Permit,such as failure to observe a particular condition or time period specified in the
13 Permit;
14 2. failure to complete work described in a Permit,when such failure causes damage to the wetland resource values
15 identified in Article 3.7 of the Town of Bourne By-laws;or
16 3. failure to obtain a valid Permit or Final Extension Permit prior to conducting an Activity Subject to Regulation
17 Under Article 3.7 of the Town of Bourne By-laws as defined in BWR 1.02(2).
18 (b) The members,officers,employees and agents of the Commission may enter upon privately owned land for the purpose
19 of performing their duties underthis section withprior approval of the property owner,or other legal authority as provided
20 by law.
21 (c) A Cease and Desist Order shall be signedby amaj orityof the commission. Ina situation requiring immediate action,
22 aCease andDesist maybe signed by a single member,agent of the commission,or Natural Resource Officer,if said Order
23 is ratified by a majority of the members at the next scheduled meeting of the commission.
24 (d) Request for Hearing
25 1. Any party specified in BWR 1.10(1)(a)may request a hearing in writing within 10 days of the issuance of the Cease
26 and Desist Order.
27 2. Any decision regarding an Cease and Desist Order where no hearing was held shall be a tentative decision.
28 3. Where no hearing has been held, and no request for a hearing has been made pursuant to BWR 1.08(d)(1.),the
29 tentative decision shall be final.
30 4. Where a request for a hearing is made,the commission shall conduct a hearing and issue a final decision pursuant
31 to the procedures specified in BWR 1.05(6).
32 5. Where a request for an hearing is filed after the tentative decision is issued,the,commission shall conduct a hearing
33 regarding the issuance of a final decision without prejudice to all parties.
34
35 (2)Enforcement Orders
36 (a) When the Commission determines that an activity is in violation of Article 3.7 of the Town of Bourne By-laws or a
37 Permit and that actionniustbe takento correct the violation,the Commission may issue an Enforcement Order. Violations
38 include,but are not limited to:
39 1. failure to comply with a Permit,such as failure to observe a particular condition or time period specified in the
40 Permit;
41 2. failure to complete work described in a Permit,when such failure causes damage to the wetland resource values
42 identified in Article 3.7 of the Town of Bourne By-laws;or
43 3. failure to obtain a valid Permit or Final Extension Permit prior to conducting an Activity Subject to Regulation
44 Under Article 3.7 of the Town of Bourne By-laws as defined in BWR 1.02(2).
45 (b) The members,officers,employees and agents of the Commission may enter upon privately owned land for the purpose
46 of performing their duties under this section withprior approval of the property owner,or other legal authority as provided
47 by law.
48 (c) An Enforcement Order shall be signed by a majority of the Commission after a hearing. Said hearing shall be
49 conducted according to the provisions of BWR 1.05(6). In a situation requiring immediate action,an Enforcement Order
50 may be signed by a single member,agent of the Commission,or Natural Resource Officer,prior to a hearing,provided a
51 hearing is held at the soonest available time and said Order is ratified by a majority of the members after said hearing.
52
53 (3)Criminal Complaints filed pursuant to Chapter 1 section 1-1 of the Code of the Town of Bourne
August 31,2000 17
BWR 1.00 BOURNE CONSERVATION CONEVIISSION
1 (a)Section 3.7.6 of the By-laws of the Town of Bourne provides that:"Any person violating this bylaw shall be punished
2 by a fine of not less than$50.00 nor more than$300.00 for each offense.Each day or portion thereof during which a
3 violation continues shall constitute a separate offense."
4
5 (b)The commission,or its agent at the direction of the commission,may file a criminal complaint with the District Court
6 if criminal intent has been demonstrated by those persons who have violated the provisions of Section 3.7 of the Town of
7 Bourne By-laws.
8
9 (4) Non-Criminal Dispositions pursuant to Section 6.1.2 of the Town of Bourne By-laws and M.G.L.Chanter 40 section 21D
10 (a)Section 6.1.2 of the By-laws of the Town of Bourne states:"Police Officers,Fire Fighters,Board of Health Agent,
11 Natural Resources Officers/The Harbormaster/Shellfish Constable of their deputies,taking cognizance of a violation,of
12 a specific by-law rule or regulation which he or-she is empowered to enforce,hereinafter referred to as the enforcing
13 person(s),as an alternative to initiating criminal proceedings,may give to the offender a written notice to appear before
14 the Clerk of the District Court having jurisdiction thereof at any time during office hours,not later than twenty-one days
15 after the date of such notice.Such notice shall be in triplicate and shall contain the name and address,if known,of the
16 offender,the specific offense charged and the time and place for his/her required appearance.Such notice shall be signed
17 by the enforcing person,and shall be signed by the offender whenever practicable,in acknowledgement that such notice
18 has been received.Any notice and enforcement of violation shall be in accordance with the provisions of Massachusetts
19 General Law,Chapter 40,Section 21D.
20 (b)Natural Resource Officers may issue citations to those violating the provisions of Section 3.7 of the By-laws of the
21 Town of Bourne pursuant to Section 6.1.2 of the By-laws of the Town of Bourne.
22
23
24 BWR 1.09 Fees
25
26 (1)Consultant Fee
27 (a)The Commission,at its discretion,is authorizedto require the posting of a Consultant Fee by an applicant.This fee shall
28 be used to hire an independent,expert consultant to investigate the site for the proposed project and to examine the plans
9 or other information submitted by the applicant to assist the Commission in evaluating potential adverse impacts upon a
30 resource area by the proposed project. This fee will be required in those cases where the complexityof the activity,the
31 difficulty in determining the threat to the wetland resource values or the size of the request or project involves andrequires
32 more information and analysis than can reasonably be supplied to the Commission without independent technical
33 professional assistance.
34 (b) The Commission may require the payment of the Consultant Fee at any time in the deliberations prior to a final
35 decision.
36 (c)The Consultant Fee may be required for expert opinions regarding,but not limited to,wetland resource area surveys
37 and delineations,analysis of wetland resource area surveys and deheations,wetland resources area reports,hydrological
38 and drainage analysis,wildlife evaluation,shellfish surveys,and environmental/land use law.
39 (d) The commission is hereby authorized to charge for said consultant fee when the Notice of Intent or Request for
40 Determination of Applicability,proposes any of the following:
41 1.five hundred(500)square feet or greater alteration of a resource area specified in BWR 1.02(a);
42 2.fifty(50)linear feet or greater of bank alteration to a coastal or inland waterway;
43 3.five hundred(500)square feet or greater alteration to the buffer zone;
44 4.five hundred(500)square feet or greater alteration of land under a water body or the ocean;
45 5.discharge of any pollutants into or contributing to surface or groundwater or the wetland resource area or buffer
46 zone; or
47 6.construction of any stormwater control facility,or water control structure.
48 (e)Determination of Amount of Consultant Fee for a Notice of Intent
49 l.The maximum consultant fee charged to reimburse the commission for reasonable costs and expenses shall be two
50 thousand five hundred dollars($2,500).
51 (f)The applicant shall pay the consultant fee to the Town to be put into a special purpose account established by the
52 Commission which may be drawn upon by the Commission at one of its public meetings.
53 (g)The Commission shall return any unused portion of the consultant fee to the applicant.
54 (h)Any applicant aggrievedby the impositionof,orthe amount of,the consultant fee,or any act related thereto,may appeal
55 according to the provisions of the Massachusetts General Laws.
August 31,2000 18
BWR 1.00 BOURNE CONSERVATION COIvMSSION
1
2 BWR 1.10 Appeal Procedure
3
4 (1)Procedure.
5 (a)The following persons may appeal a decision under the By-law:
6 1.Any applicant;
7 2.owner;
8 3.abutter;
9 4.any party in interest aggrieved;or
10 5.any person as provided by law.
11 (b) Appeals shall be made to the Superior Court of Barnstable County pursuant to M.G.L.Chapter 249,section 4,or as
12 otherwise provided by law.
13
14
15 BWR 1.11 Incorporation
16
17 Where applicable,the definitions,presumptions of significance,and performance standards,set forth in the Massachusetts
18 Wetlands Regulations,310 CMR 10.00 et seq.,and the Massachusetts Department of Environmental Program Policies,are
19 hereby incorporated herein,except where the language in BWR 1.00 more definitive,in which event the language in BWR 1.00
20 shall prevail.
21
22 BWR 1.12 Severability
23 Should any portion of these regulations be declared invalid by a decision of court, the legislature or other body having
24 jurisdiction,the remainder of these regulations shall remain in full force and effect.
25
26
27 BWR 1.13 Variance
28 reserved
l9
0
31 BWR 1.14 Amendments
32 After public notice andpublic hearing,the Commissionmayamend BWR 1.00 to effectuate the purposes of the By-law. Notice
33 shall be given at least two(2)weeks prior to the public hearing by publication in a newspaper of general circulation in the Town
34 and by posting with the Town Clerk.
35
36
37 BWR 1.15 Effective Date
38 (1) BWR 1.01 through 1.16 shall take effect on August 31,2000 and shall apply to all Notice of Intents and Requests for
39 Determinations of Applicability heard on or after that date and any subsequent procedures related to such filings made on or
40 after that date.
41
42
43 BWR 1.16 Specific Activities Regulated
44 Introduction-Underthe By-law,activities in the following areas are subject to Conditions by the Commission. The complexity
45 of these activities warrants the specific requirements set forth below.
46 (1)Docks.Piers and Walkways
47 (a)Introduction The construction,use,and maintenance of docks,piers and walkways are likely to have a significant or
48 cumulative adverse effect onthe wetlandresource values of storm damage prevention,fisheries and shellfisheries,wildlife
49 habitat,erosion and sediment control,and recreation and/or commercial uses. Construction,maintenance and use ofpiers
50 can have adverse effects on resource areas andnavigationfor recreational purposes.Further,piers destroyed by storm pose
51 a threat to nearby properties by increasing water borne debris.
52
53 Turbulence and propeller dredging generated by boat traffic significantly increase turbidity levels. High turbidity levels
54 attenuates light. Light is necessary for photosynthetic processes responsible for the primary productivity and oxygen
August 31,2000 19
BWR 1.00 BOURNE CONSERVATION COMMIISSION
1 regeneration of the water.The suspended sediments settle on shellfish beds,smothering existing shellfish and altering the
2 quality of the sand bottom essential for spat(mollusk larvae)settlement.Resuspension of bottom sediments causes
3 redistribution of sediments,alteration in sediment grain size distribution and causes changes in bottom topography relief,
4 elevation and grade,including creation of depressions in the bottom. Resuspension of sediments into depressions creates
5 deep pockets of sediment which may not be able to physically support shellfish or which can become anoxic and therefore
6 not support shellfish. Resuspension of sediments during the period of shellfish larval settlement hinders or prevents the
7 effective settlement of shellfish larvae.Boat traffic generated from piers will add to this disruption and may cause erosion
8 of banks and marshes.
9
10 Construction of piers and subsequent boat activity causes resuspension of nutrient-laden sediment particles which may
11 cause a release of sediment-bound nutrients to the water column resulting in a"bloom"of vegetation. Release of nutrients
12 to the water column-leads to eutrophication and anoxic bottomconditions.Anoxic sediments and anoxic bottom conditions
13 create adverse impacts on benthic resources,including shellfish and fisheries.
14
15 While pier construction is typically the least environmentally destructive method of crossing a marsh,it may adversely
16 affect the physical characteristics and functional value of a marsh. Marsh plants provide the major energy flow(detritus
17 food chain)between the autotrophic and heterotrophic levels in a marsh-estuarine system. Many species of sport and
18 commercial fishandshellfishare dependent uponthis system. Plants adapted to high ambient light intensity,such as marsh
19 grasses,are ill-adapted to the shaded conditions created by a pier. Shading may result in the loss of vegetative biomass
20 (decreased plant height,population density,and leaf thickness)or alteration of species composition. Reductions in plant
21 density result in the loss of sediment normally trapped by roots and culms. Tidal washout of sediment could result in
22 localized depressions which,through evaporation of trapped water,concentrate salt. High sediment salt levels effectively
23 preclude recolonization by original vegetation. Localized tidal washout may lead to further vegetative regression,erosion,
24 and disruption of natural communities in the area.
25
26 Propeller turbulence near or in areas of submerged aquatic vegetation,such as eel grass,or salt marsh damages vegetation,
27 thereby increasing the rate at which organic detritus is produced. If this organic detritus does not completely decompose
28 aerobically,then anoxic bottom conditions will ensue,which adversely impact shellfish and fisheries.
�9
10 Cumulative impacts of the construction,maintenance and use of piers threaten to decrease the overall productivity of the
31 marsh ecosystem, to reduce its ability to absorb storm wave energy,and to reduce its contribution to ground water and
32 surface water quality.
33
34 Docks andpiers whenplacedin Land Containing Shellfishhave an adverse impact onthe resource areavalue ofrecreational
35 and/or commercial use. The placement length and size of the dock and the floats can interfere with the harvesting of
36 quahogs and scallops.
37
38 Piers,depending ontheirlength,canhave anadverse impact onrecreationbyinterfering with recreational boating activities.
39 Not properly designed,piers can interfere with intertidal lateral access for recreational fishing and fowling Any proposal
40 that affects navigationis likely to have a significant or cumulative adverse effect on recreation.Excessive lighting on piers
41 can cause temporary"night blindness"in boaters.
42
43 (b)Definitions
44
45 Dockmeans the entire structure of anypier,wharf,walkway,bulkhead,or float,and anypartthereof including pilings,
46 ramps,walkways,float and/or tie-off pilings,that is located on a Bank(inland),310 CMR 10.54,Land Under Water
47 Bodies and Waterway,310 CMR 10.56,Land Under the Ocean,310 CMR 10.25,Land Under a Salt Pond,310 CMR
48 10.33,Rocky Intertidal Shore,3 l OCMR 10.3 1,or that portion of a Coastal Beach(3 10 CMR 10.27) seaward of the
49 mean high water line. When a salt marsh(3 10 CMR 10.32)is below the mean high water line,the dock is that structure
50 seaward of the salt marsh. Notwithstanding the above,either a swimming float or work float,kept at a mooring, that
51 receives a permit from the Harbormaster,is not a float subject to regulation pursuant to the By-law.
52
53 Navigation means the ability to traverse a waterway.
54
55 Pier means the dock,walkway,wharf,bulkhead,piers,piles,ramp and floats.
August 31,2000 20
BWR 1.00 BOURNE CONSERVATION COMMISSION
1
2 Seasonal use means the dock,ramp,floats,and all supporting materials are not placed in any wetland resource area
3 prior to April 1,of each year and are removed prior to November 1,of each year.
4
5 Walkway means the entire structure ofanypier,wharf,walkway,orbulkhead,and anypartthereofincluding pilings,
6 or ramp, that is located on a Bordering Vegetated Wetlands,310 CMR 10.55,Salt Marsh,310 CMR 10.32,Dune,
7 310 CMR 10.25,or that portion of a Coastal Beach(3 10 CMR 10.27) landward of the mean high water line.
8 Whena salt marsh(3 10 CMR 10.32)is below the mean high water line,the walkwayis that structure landwardof
9 the seaward edge of the salt marsh.
10
11 (c) Presumption of Significance
12 Whenaproposedproject involves the dredging,removing,filling,altering,or causing adverse effect to anareasubject
13 to protectionunder the by-lawby the construction,repair,replacement or enlargement ofapier,the Commission shall
14 presume that the proposed activity will have a significant or cumulative effect upon,the wetland resource values
15 specified in BWR 1.16(1)(a) . These presumptions are rebuttable and may be overcome only upon a clear showing
16 that the work does not have a significant or cumulative effect upon,said wetland resource values. In the event that the
17 presumptions are deemed to have been overcome,the Commission shall make a written determination to this effect,
18 setting forth the grounds.
19
20 (d) Submission Requirements for all Piers:'The items listed belowshall be submitted to the Commission as part of
21 a Notice of Intent for all Piers
22 1.a description of materials used,i.e.,size of pilings,deck percent open area,the types of wood preservatives used
23 in the construction materials,distance between the pilings supporting the structure,and flotation materials;
24 2.a description of the construction process,including the method for pile installation;
25 3.an accurate,detailed drawing showing type of construction, size,means for mooring if floating, exact location„
26 depth of water within a fifty foot(50')of each side of the pier and at the end of the structure, meanhigh water line and
27 mean low water line within two hundred feet (200') of the proposed structure, and general topography of the
28 surrounding area within two hundred feet(200')of the proposed structure;
9 4.wetland resource boundaries Ragged/staked and numbered.These numbers must be shown on the Plan of Record.
10 5.a note on the plan indicating the site for winter storage of floats and method of hauling(if any);
31 6.the pier's effect on recreation and/or commercial use,including:
32 a.location of all piers and moorings,or other structures (groins,revetments,etc.) within a 200'radius of the
33 proposed structure;
34 b.distance from proposed structure to property lines and property line extensions;
35 c.distance to all navigational channels,or to centerline of channel if no designated or customary channel exists,
36 and boat mooring areas within 300 feet;and
37 d.distance to all boat ramps,public landings,or public swimming beaches within 300 feet.
38 7.A description of the shellfish resources;
39 a. The plan must show how the location of each transect and quadrat used in the shellfish fisheries survey
40 performed pursuant to BWR 1.16(1)(b)7.b..These shouldbe numbered/lettered for easy reference and for field
41 identification purposes. A Shellfish/Fisheries Report based upon the findings and data collected pursuant to the
42 Shellfish/Fisheries Survey must be appended to the Notice of Intent.
43 b. Shellfish/Fisheries Survey Methodology
44 (i.) The survey must employ the standard Transect Quadrat sampling method A representative number of
45 transects and quadrats must be used to adequately assess the standing shellfish crop. At least 0.5%of the
46 subject area must be sampled. However,no survey consisting of fewer than 10 quadrats will be considered
47 as sufficient information. Quadrats shall measure 1 foot square. The location of the quadrats shall be
48 selected in a random fashion.
49
'Pursuant to BWR 1.02(2), a Notice of Intent is required for any new pier, fixed or floating,
permanent or seasonal. A Notice of Intent is also required for any change or repair which alters any
dimension,shape or function of an existing pier.Minorrepairs involving work entirely above mean high water
may be permitted through the filing of a Request for Determination of Applicability.
August 31,2000 21
BWR 1.00 BOURNE CONSERVATION CONMUSSION
1 (ii.) All sediment removed shall be shaken through a 5 mm shaker screen and all shellfish and other marine
2 organisms recovered must be individually measured counted speciated and promptly returned to the water.
3 (iii.) A sediment sample must be analyzed in each quadrat, the data recorded and included within the
4 Shellfish/Fisheries Report.
5 (iv.) An inventory of any macroinvertebrates (marine worms, crustaceans etc.) and vertebrates (fmfish
6 species)must appear within the Shellfish/Fisheries Report.
7 (v.)The minimum area surveyedshall include a 50'radius from the proposed prof ect The actual samples shall
8 represent 0.5%of this area.
9 c.ShelIfish/Fisheries Report The report must include as a minimum:
10 (i.) Resume of the person(s)conducting the survey that indicates their qualifications for conducting such
11 survey;
12 (ii.)The date,time of day and tidal conditions at the time of the survey;
13 (iii.) Aa narrative explaining the methodology and equipment utilized, location and number of
14 transects/quadrats,shellfish/fisher"ies results,observations and conclusions;
15 (iv.) a data section by numberedguadrat indicating the species and numbers of shellfish sampled
16 measurements of each specimen, the type of sediment within the quadrat (grain size analysis), and the
17 presence of any eelgrass or other submerged vegetation. The results for each species shall be reported
18 utilizing standard deviation.The total for each species;adults versus subadults and the frequency distribution
19 mustbe included.The mean number of each species(adult vs.subadult)for the area must be comparedagainst
20 the following standards for shellfish areas:Commercial value=3 or more adult shellfish per square foot,
21 Recreational value=1 or more adult shellfish per square foot;and
22 (v.) Historical data indicating the use of the area by recreational and/or commercial shellfishermen.
23 8. location of eel grass beds within two hundred feet(200 ft.)of the proposed structure;
24 9. how compliance with BWR 10.16(1)(c)13.(lighting)will be achieved;
25 10.plans prepared by and stamped by both a Registered Engineer and a Registered Land Surveyor;
26 11.a locus and title box which includes the street address;and
27 12. Site Inspection Prior'to the,Public Hearinu. The Commission and the Department of Natural Resources will
28 inspect the locus of the proposedproject before the public hearing andrequire that the following be done at the time
9 of the filing of the Notice of Intent on-site to assist our inspections:
-0 a. The center of any proposed pier deck must be shown with stakes,the starting point and ending point must be
31 clearly indicated(a buoy at the pier-end is suggested).
32 b. All resource areas must be clearly marked and numbered. The numbers must correspond to those shown on
33 the Plan of Record.
34 c. A sign should be posted on the street indicating house address or lot number.
35 (e) General Performance Standards for all Piers.When a pier is determined to have a significant or cumulative effect
36 upon the wetland resource values specified in BWR 1.16(1)(a),BWR 1.16(1)(c)1.through 20.shall apply.
37 1.The pier length shall not exceed any of the following:
38 a.one hundred twenty-five feet(125 ft.)in length beyond the mean high water line,
39 b.one hundred feet(100 ft.)in length beyond the landward edge of salt marsh,
40- or otherwise prohibit or unreasonably impede legitimate passage along a beach or through navigation over the waters.
41 2.Notwithstanding the provisions of BWR 1.16(1)(c)l.,no pier shall be allowedwhere the length of the pier extends
42 more than 1/5 of the way across a water body;
43 3.To keep disturbance of the bottom minimal at all times during both construction and use,the water depth at the end
44 of the pier shall be a minimum of three(3)feet at the time-of mean low water;
45 4.The area of the terminal"L"or"T"shape in a fixed pier,or the float,or combination thereof,shall not exceed 100
46 square feet;
47 5.Piers,not including floats,shall be no wider than 4 feet;
48 6.Spacing betweenpairs of piles for a walkway shall be no closer than 20X the diameter of the pilings and in no case
49 closer than than 10 feet.
50 7.Boats at the pier shall not be allowed to leak oil or other pollutants into water,nor shall oil or fuel be stored on the
51 dock or pier;
52 8.Motor boats shall not be run in gear while tied to the pier,since prop wash disturbs shellfish beds,stirs up sediment
53 and causes bank erosion;
54 9.Off-season storage of temporary/seasonal docks and floats shall be in upland areas and so designated on the plan;
August 31,2000 22
BWR 1.00 BOURNE CONSERVATION COMNUSSION
1 10.The landward approach to a pier shall not harm vegetation on a coastal wetland,freshwater wetland or coastal bank
2 (A freshwater wetland shall be crossed by a raised walkway,and coastal banks must be preserved by use of suitable
3 stairs.);
4 11.The dock shall be designed so that the approachpathof vessels is at least 50 feet from the edge of any salt marsh.
5 and the active berthing area of the dock or any approach paths to be used shall be no closer than 50 feet to any salt
6 marsh;
7 12.All floats,whetherused for moorings or for pier support,must be positioned seawardof any freshwater wetlands,
8 salt marsh,and/or eelgrass beds;
9 13.The mooring number as assigned by the Harbormaster shall be clearly displayed on the seaward face of the dock,
10 using 2"numbers of a contrasting color;
11 14.Over freshwater wetlands and salt marshes,the decking surface shall have a minimum of 65%open area;
12 15.The maximum horizontal footcandle level as measured directly below each complete lighting unit shall not exceed
13 0.2 foot-candle(Fc);
14 16.No portion of the pier and floats shall be within:
15 a.. fifty feet(50 ft.)of a property line or property line extension,
16 b. one hundred feet(100 ft.)of a boat channel or boat mooring area,or
17 c. two hundred fifty feet(250 ft.)from boat ramp,public landing,or public swimming beach;
18 17.New piers,or replacement,expansion or substantial repair of an existing pier,shall be for seasonal use only;
19 18.If the pier is located in an anadromous fishrun,the dockand supporting materials shall not be placed prior to June
20 15,of each year;
21 19.If treatedlumber is used as a construction material,only non-leaching types of preservative shall be allowed;and
22 20.Bubblers,or other such items that keep pilings free of ice,must not disturb the bottom.
23 (f)The performance standards of BWR 1.16(1)(e)7,8,9, 15, 17, 18.and 20. when applicable,shall be included in all
24 Permits concerning docks as a continuing order,and shall be so designated on the Certificate of Compliance. Failure to
25 comply with these conditions shall be grounds for the Commission to revoke the permit and order the removal of the pier.
26 (g)Notwithstanding the provisions of BWR 1.16(1)(e)through(f),no newpier,or expansion of an existing pier,shall be
27 permitted within a v-zone.
28 (h) Notwithstanding the provisions of BWR 1.16(1)(a) through(f),no new, or expansion of an existing,pier shall be
9 permitted within an fifty feet(50 ft.)of an area of eel grass(Zostera marina).
0 (i) Notwithstanding the provisions of BWR 1.16(1)(a)through(f), no new, or expansion of an existing,pier shall be
31 permitted within an ACEC.
32 0) Notwithstanding the provisions of BWR 1.16(1)(a)through(f),no new, or expansion of an existing,pier shall be
33 permitted within wildlife habitat of species thatare considered endangered,threatened,potentially extirpated,or of special
34 concern,and in an area identified in the latest Estimated Habitat Map within the current edition of all Atlas of Estimated
35 Habitat of State-Listed Rare Wetlands Wildlife.
36 (k) Notwithstanding the provisions of BWR 1.16(1)(a)through(f),no new, or expansion of an existing, pier shall be
37 permitted within blind(dead-end)canals,and tidal creeks in salt marshes.
38 (1)Notwithstanding the provisions ofBWR1.16(1)(e)L,4.,5.,16.,17.,and BWR 1.16(1)(g), the Commission may permit
39 a pier provided that:
40 a.. the pier meets the other provisions of BWR 1.00;
41 b. the pier meets the provisions of 310 CMR 10.00;and
42 c. the pier is owned by the Town of Bourne and used in the service of the public.
43 (m) Notwithstanding the provisions of BWR 1.16(1)(e)1.through 5., 16., through 18., 20., and BWR 1.16(1)(g),the
44 Commission may permit a pier provided:
45 a, the project meets the other provisions of BWR 1.00;
46 b.the project meets the provisions of 310 CMR 10.00;and
47 c.the project is the repair or replacement,but not the expansion and/or enlargement,of a lawfully located structure
48 inexistence as of August 1,2000, owned by the Town of Bourne and used in the service of the public or a commercial
49 marina open to the public.
50 (n) Notwithstanding the provisions ofBWR 1.16(1)(e)L,3., 11.,12.,16., 17.,20.,and BWR 1.16(1)(g),the Commission
51 may permit a pier provided:
52 a. the project meets the other provisions of BWR 1.00;
53 b, the protect meets the provisions of 310 CMR 10.00;and
54 c.the project is the repair or replacement,but not the expansion and/or enlargement,of a pier provided that as of
55 August 1,2000:
August 31,2000 23
BWR 1.00 BOURNE CONSERVATION CONBUSSION
1 (i)all applicable permits have been received;and
2 ii)the pier is functional and in current use.
August 31,2000 24