For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABODE. The principal, non-water dependent use of a structure or vessel as a dwelling or home.
ANCHOR (See also MOORING and MOORING TACKLE).
(1) A heavy device, fastened to a chain or line, and dropped to the bottom of a waterbody to hold a vessel in position.
(2) To secure a vessel temporarily to the bottom of a waterbody by dropping an anchor or anchors or other ground tackle from a vessel.
ANCHORAGE. Those water areas designated for anchoring with ground tackle carried on board a vessel.
CHANNEL. Water areas specifically reserved for unobstructed movement of vessels, shown on navigation charts, and marked in-water by aids to navigation.
COASTAL JURISDICTIONAL LINE (CJL). The line defined by the topographical elevation of the highest predicted tide for the period beginning in 1983 and ending in 2001, calculated for each coastal municipality for the purpose of defining the regulatory jurisdiction of the Connecticut Department of Energy and Environmental Protection. Proposed work and structures waterward of the coastal jurisdictional line are subject to the DEEP's coastal regulatory authorities, including authorities regulating structures, dredging and fill. Prior to October 1, 2012, the DEEP's regulatory jurisdiction was marked by the high tide line.
COASTAL SITE PLAN REVIEW. The process whereby specific development plans proposed within the town’s coastal boundary are reviewed by the Planning and Zoning Commissions for consistency with the town’s Municipal Coastal Program and the Connecticut Coastal Management Act.
COMMERCIAL MOORING. A mooring as defined by the Corps of Engineers for which any type of a fee is charged (excepting a fee charged by the town for a mooring permit issued by the Harbor Master) and which must be authorized by an individual permit from the Corps of Engineers, the State Department of Environmental Protection and the Harbor Master.
COMMERCIAL VESSEL. Any vessel, licensed or unlicensed, used or engaged for any type of commercial venture, including, but not limited to, the carrying of cargo and/or passengers for hire and commercial fishing.
DEPUTY HARBOR MASTER. The Deputy Harbor Master appointed by the Governor of Connecticut in accordance with Conn. Gen. Stat. § 15-1, and who shall carry out his or her duties under the direction of the Harbor Master.
EMERGENCY. A state of imminent or proximate danger to life or property in which time is of the essence.
FAIRWAY. A specific water area to be kept free of obstructions to ensure safe passage of recreational and commercial vessels to, from, through and alongside navigation channels, mooring areas, anchorages and berthing areas.
FLOATING HOME (See also ABODE). Any structure constructed on a raft, barge or hull, moored or docked in any water that is used primarily as an abode.
HARBOR MANAGEMENT ACCOUNT. A town account, within the town’s General Fund, as authorized by Conn. Gen. Stat. § 22a-113s into which shall be deposited all fees for mooring and anchorage permits and other activities within the scope of the harbor management plan and which shall
be used for the maintenance and improvement of the town harbor management area for the public and for expenses for personnel and equipment directly related to the function of the Harbor Management Commission and the Harbor Master or Deputy Harbor Master.
HARBOR MANAGEMENT ACT. The legislation contained within the Conn. Gen. Stat. §§ 22a-113k through 22a-113t, as may be amended from time to time, and which authorizes municipalities to establish harbor management commissions and prepare harbor management plans.
HARBOR MANAGEMENT AREA. The area of jurisdiction of the Town Harbor Management Commission as defined in the harbor management plan and § 152.02.
HARBOR MANAGEMENT COMMISSION. The duly appointed body of the town with responsibilities for carrying out the harbor management plan as set forth under the Harbor Management Act and any other duties granted by state law and town ordinance including having charge of all shellfisheries and shellfish grounds lying in the town not granted to the Waterford-East Lyme Shellfish Commission and not under the jurisdiction of the State Commissioner of Agriculture.
HARBOR MANAGEMENT CONSISTENCY REVIEW PROCESS. The process authorized by Conn. Gen. Stat. § 22a-113p and described in the harbor management plan whereby the Harbor Management Commission shall review for consistency with the harbor management plan, specific development proposals submitted to, or proposed by, town commissions and departments, and state and federal agencies.
HARBOR MANAGEMENT ORDINANCE. This chapter establishing rules and regulations for the use and enjoyment of the town harbor management area as recommended by the Town Harbor Management Commission and adopted by the Town Board of Selectmen.
HARBOR MANAGEMENT PLAN. A plan for the safe, beneficial and balanced use of town’s harbor management area for recreational and other purposes and for the protection of environmental resources as prepared by the Harbor Management Commission, adopted by the Board of Selectmen and approved by the Connecticut Commissioner of Energy and Environmental Protection and the Connecticut Port Authority in accordance with Conn. Gen. Stat. §§ 22a-113k through 22a-113t and §§ 152.20 through 152.22.
HARBOR MASTER. The Harbor Master who is nominated by the Harbor Management Commission for appointment by the Governor of Connecticut in accordance with Conn. Gen. Stat. §15-1, and who shall advise the Harbor Management Commission with respect to matters concerning the waters under the jurisdiction of the town, serve as an ex-officio member of the Commission, have special responsibilities for implementing the harbor management plan subject to the jurisdiction of the Harbor Management Commission and conduct all of his or her duties in a manner consistent with the plan.
HAZARD TO NAVIGATION. An obstruction, usually sunken, that presents sufficient danger to navigation so as to require expeditious, affirmative action such as marking, removal or redefinition of a designated waterway to provide for navigational safety.
INDIVIDUAL-PRIVATE MOORING. A mooring belonging to an individual, partnership or corporation and authorized for use by a mooring permit issued by the Harbor Master. Individual-private moorings shall not be leased or rented to a third party.
INSPECTION SERVICE. Any person or business known to the Harbor Master who has equipment and knowledge suitable for making mooring tackle inspections.
MARINE FACILITY. Any facility (including, but not limited to, docks, floats, piers, ramps, hoists, parking areas, concessions and service facilities), either publicly or privately owned, intended primarily to be used by or for the service of vessels and located within the harbor management area.
MEAN HIGH WATER (MHW) LINE. The average height of the maximum elevation reached by each rising tide over a 19-year period immediately preceding the current year. Proposed work and structures seaward of the MHW LINE are subject to federal regulatory authorities carried out by the U.S. Army Corps of Engineers as well as state regulatory authorities. (State regulatory authorities also extend above the MHW LINE to the high tide line which is defined by a higher elevation than the MHW LINE.) All land and water areas seaward of the MHW LINE are subject to the Public Trust Doctrine and held in trust by the state for public use. The MHW LINE also marks the seaward boundary of the jurisdiction of the town’s Planning and Zoning Commissions.
MOOR. To secure a vessel to the bottom of a water body by the use of mooring tackle.
MOORING. A structure as defined in the most recent version of the Office of Long Island Sound Programs General Permit for Harbor Moorings GP-LIS-002.
MOORING AREA. An area designated by the Harbor Management Commission, and including special anchorage areas designated by the U.S. Coast Guard, within which vessels may be moored provided a valid permit for such mooring is obtained from the Harbor Master.
MOORING LOCATION. A place where a buoyant vessel is permanently secured to the bottom of a waterbody by mooring tackle and by permit from the Harbor Master.
MOORING TACKLE. The chain, anchor, buoys and other equipment used to moor a vessel, including anchoring equipment commonly known as mushroom, dead weight, pyramid or helical embedment anchors. Specifically excluded from this definition are engine blocks and other devices which, when used as anchors, could result in the degradation of water quality or otherwise damage coastal resources.
OBSTRUCTION TO NAVIGATION. Anything that restricts, endangers or interferes with navigation.
PERSONAL WATERCRAFT. As defined by state statute, any inboard powered vessel less than 16 feet in length which has an internal combustion engine powering a water-jet pump as its primary source of motor propulsion and which is designed to be operated by a person sitting, standing or kneeling on the vessel rather than the conventional matter of sitting or standing inside the vessel.
PERSONS. Those, including individuals, corporations, societies, associations and partnerships, using the facilities and areas within the harbor management area and subject to the provisions of this chapter.
QUALIFIED INSPECTOR. Any person approved as an inspector of mooring tackle by the Harbor Master.
SHALL and MAY. SHALL is mandatory; MAY is permissive.
SLIP. Berthing space for a single vessel alongside a pier, finger float or walkway.
SPECIAL ANCHORAGE AREA. A water area designated by the Coast Guard, identified on navigation charts, and where vessels may be anchored or moored. Within such areas, vessels less than 65 feet are not required to display anchorage lights.
STATE. The State of Connecticut.
STRAY VESSEL. An abandoned vessel, a vessel with unknown owner or a vessel underway without a competent person in command.
TRANSIENT ANCHORAGE. Any area reserved and designated in the harbor management area for the exclusive short term use (not to exceed seven consecutive days) of commercial and recreational vessels and any vessels seeking emergency shelter.
VESSEL. As defined by state statute, every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water.
(Ord. passed 5-4-1994; Ord. passed 9-4-2019)
Editor’s note:
TM Volume 20, page 144