(A) Mooring permits required.
(1)
In accordance with state law and the town harbor management plan, and in order to provide for adequate access for vessels, for the safety of persons and property, for the protection of coastal resources and for the optimum use of the town’s harbor management area, no vessel shall be moored in the harbor management area without a valid permit from the Harbor Master. It shall be a violation of this chapter for any person to moor any vessel or place any mooring tackle in the harbor management area without a permit from the Harbor Master.
(2) No provision contained in this section shall limit the powers of the Harbor Master to station and remove vessels as provided in the Connecticut General Statutes.
(B) Rules, regulations and administrative procedures. The mooring and anchoring of all vessels in the harbor management area shall be in accordance with any rules, regulations and administrative procedures adopted by the Harbor Management Commission.
(C) Mooring records.
(1) The Harbor Master shall keep detailed records of all mooring permits, moored vessels and a list of any persons waiting for a mooring location. Such records shall include information satisfactory to the Harbor Management Commission.
(2) A list of current mooring assignments and a list of any persons waiting for a mooring permit/location in the harbor management area shall be maintained by the Harbor Master. The Harbor Master shall provide annually a copy of said lists to the Secretary of the Harbor Management Commission not later than September 30 of each year and said lists shall be made available for public review upon request in a public place during regular business hours.
(D) Allocation of moorings.
(1) In allocating mooring locations, the Harbor Master shall give first priority to those persons applying for the renewal of permits granted in the preceding year, second priority to relocation requests in order of application and third priority to new applicants in order of application.
(2) In allocating mooring locations, the Harbor Master shall, to the extent possible, assign priority for mooring allocations to shorefront property owners who apply for mooring locations offshore of their property.
(3) Within the limits of type and size of vessels, available mooring locations shall be offered to the senior applicant on the mooring waiting list, subject to the requirements of this chapter. If an available mooring location 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 Harbor Master shall continue efforts to provide a suitable mooring location for the senior applicant. If the senior applicant refuses a mooring location which is suitable for his or her vessel in the opinion of the Harbor Master, that applicant shall be moved to the bottom of the waiting list.
(4) No one individual shall be allocated more than one mooring location and no one household, partnership or corporation shall be allocated more than two mooring locations without annual written permission from the Harbor Management Commission. Only one mooring space shall be allocated to any one vessel.
(5) Mooring permits shall be issued by the Harbor Master only to those applicants owning a vessel properly registered in accordance with laws of the state.
(E) Application for mooring permit.
(1) Any person, including associations, corporations or other group, may apply for a mooring permit by completing in full the application provided for that purpose and submitting the completed application and all required documents and fees to the Harbor Master.
(2) The Harbor Master shall accept new applications at any time for consideration.
(F) Mooring permits valid for one year only. Any mooring permits granted by the Harbor Master shall be consistent with the town harbor management plan and shall expire on December 31 next following its issuance.
(G) Renewal of mooring permits. The Harbor Master shall notify all current mooring permit holders of the requirements for mooring permit renewal. All completed renewal applications and required documents and fees shall be due on or before March 1 of each year. Renewal applications submitted after March 31 shall be subject to a late fee equal to and in addition to the annual permit fee.
(H) Annual mooring permit fee. All applications for mooring permits shall be accompanied by an appropriate fee (not to exceed the maximum amount authorized by the Connecticut General Statutes) as may be established by the Harbor Management Commission and adopted by the Board of Selectmen. Said fee, payable to the Town of East Lyme, shall accompany the applications. In the event an application is not approved or the applicant is placed on a waiting list, the fee shall be returned to the applicant within 30 days after notice of denial or placement of the applicant on a waiting list. All fees collected pursuant to this section shall be deposited in the town’s Harbor Management Account and shall be used exclusively for maintenance and improvement of the 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.
(I) Mooring permits non-transferable.
(1) No transferable rights shall be conferred as the result of the approval of a mooring location. Whenever the holder of a mooring permit sells or otherwise parts with possession of the mooring tackle identified in the mooring permit any arrangement whatsoever, the mooring permit shall expire. The new possessor, transferee or owner shall have no right to use the mooring space covered by the mooring permit but may apply for a new permit in his or her own name.
(2) If a mooring permit holder sells or otherwise parts with possession of the vessel identified in the mooring permit application, he or she may, upon approval by the Harbor Master, retain the mooring location assigned under the mooring permit provided that another vessel owned by the permittee is moved onto the mooring within 30 days (unless the period is extended by the Harbor Master because of special circumstances such as seasonal constraints). If the replacement vessel is significantly smaller, larger or of different draft or type, the Harbor Master shall have the right to relocate the vessel to another, more suitable mooring if one is available.
(J) Transient anchoring.
(1) The Harbor Management Commission may designate transient anchorage areas free from the placement of any moorings. These areas, reserved for the exclusive, short-term use of recreational vessels shall be available on a first-come, first-served basis for a period not to exceed seven consecutive days nor for a total or more than 14 days in any calendar year unless expressly approved by the Harbor Master.
(2) The Harbor Master may require any person anchoring in the harbor management area to display for inspection for anchors, chains and other equipment used at such anchoring for soundness of condition.
(K) Abandonment of mooring. Any mooring tackle left unused for more than one calendar year without written permission of the Harbor Management Commission may be considered abandoned and subject to removal or relocation by the Harbor Master at the expense of the last permitted owner.
(L) Secure berthing and anchoring of vessels.
(1) The owner of any vessel moored or anchored within the harbor management area shall be responsible for causing such vessel to be tied and secured or anchored with proper care and equipment and in such manner as may be required to prevent breakaway and resulting damage, and shall thereafter provide for periodic inspection of the mooring tackle or anchoring equipment as the Harbor Master deems necessary. Each vessel owner is deemed to be the owner of the mooring tackle he or she uses.
(2) The owner of any vessel moored within the harbor management area shall agree to indemnify and hold harmless the town and its officers, agencies, agents and employees for any and all claims, damages or losses of any kind, including legal costs arising out of use of the mooring location assigned to that owner.
(3) All mooring permit holders shall comply with required minimum standards for mooring tackle provided by the Harbor Management Commission and shall recognize that minimum standards may not guarantee safety under all conditions. Storms, wind, waves, tides, currents and surge shall be considered when selecting appropriate mooring tackle for each vessel. Any person mooring a vessel within the town harbor management area is responsible for damage to that vessel or to any other vessel or property caused by the failure of the mooring tackle.
(M) Mooring inspection.
(1) Mooring tackle shall be inspected by the Harbor Master or an approved inspection service at least once every three years to determine soundness of condition. An inspection verification form provided by the Harbor Management Commission shall be completed by the inspector and filed with the Harbor Master to document each required inspection.
(2) If it shall be determined that any piece of mooring tackle has become unsafe or otherwise inadequate, such piece shall be replaced accordingly. Failure to make such replacement shall be grounds for revocation of the mooring permit.
(N) Marking and identification of approved moorings. All mooring buoys shall be white with a horizontal blue band around the circumference of the buoy centered midway between the top of the buoy and the waterline in accordance with federal and state regulations. The Harbor Management Commission may require additional marking for identification purposes of all approved mooring buoys.
(P) Relocation and removal of mooring tackle.
(1) The Harbor Master may require any mooring or vessel to be moved to a new location whenever, in his or her judgment, the safety of any other vessels or optimum use of the mooring area so requires.
(2) If directions given by the Harbor Master with respect to removing unauthorized moorings, changing the location of existing moorings or replacing mooring tackle determined to be inadequate are not taken by the owner, if known, within seven days after notification, or, if not known, after notice has been posted for that period on the vessel or mooring, the Harbor Master may cause such moorings to be removed or changed or may drop the same to the bottom. Nothing herein contained shall prevent the Harbor Master or his or her designee from taking measures with or without notice, if, in his or her judgment, it is necessary in order to provide for the safety of persons or property. The expense of such mooring removal or relocation and any liability arising from injury to person or property incurred thereby shall be the responsibility of the mooring permit holder.
(3) Any mooring tackle removed from the harbor management area in accordance with the provisions of this chapter shall be held at the direction of the Harbor Master for a period of 30 days from the date of removal. A reasonable effort shall be made to contact the owner of the mooring tackle, if known, by telephone, email, letter or any other reasonable means in order to provide an opportunity for the owner to claim the mooring tackle upon payment of the expense of removal and any applicable mooring permit fees. If the owner of the mooring tackle cannot be identified, does not respond to the contact attempts or refuses to pay the reclamation cost and required permit fees within the 30-day period, the mooring tackle owner will be presumed to have relinquished ownership and the Harbor Master may dispose of the removed tackle at the Harbor Master's discretion.
(P) Designation of channels or fairways to be kept free of moorings. For the purpose of this section, and in order to provide safe navigation access to all parts of the harbor management area, the Harbor Management Commission, with the advice of the Harbor Master, is empowered to designate the location of channels or fairways within which approved moorings shall not be located, and to make changes in such designations where conditions or needs require.
(Q) Suspension of requirements and imposition of emergency requirements. In order to most effectively respond to any emergency as may be caused by a severe storm or other natural or man-made conditions, the Harbor Master is empowered to suspend the requirements of this section and/or impose additional requirements in the interest of public safety.
(Ord. passed 5-4-1994; Ord. passed 9-4-2019)
Penalty, see § 152.99
Editor’s note:
TM Volume 20, page 144