TOWN OF
RULES AND REGULATIONS
PERTAINING TO THE HARBOR, PORT, AND
CHANNELS WITHIN THE TOWN OF
Table of Contents
Page
No.:
A. Speed of Vessels, Reckless
Operation, and Wake of Vessels: 6
B. Channels 7
C. Anchorage 7
D. Buoys other than for Mooring
Vessels 8
E.
F. Water Skiing, Skin and SCUBA
Diving, Aircraft, Sailboards, 9
Jet Skis/Personal Watercraft, and Windsurfing
G. Environmental Protection of the
Harbor and Waters of the
Town of
A. Assignment of Mooring Sites 11
B. Application to the Mooring Site
Waiting List 12
C. Mooring Site Permit Application
Information 13
D. Annual Renewal of Mooring Site
Permits 14
E. Use of Permitted Mooring Sites 14 - 15
F. Choice of Mooring Site and
Resolution of Conflict 15
G. Adequacy of Moorings 16
H. Vessels Moored so as to Impede
Navigation/Endanger other Vessels 16
I. Moving or Interfering with
Moorings belonging to Another
17
J. Transient Courtesy Moorings,
Commercial Service, Rental Moorings 17
K. Moored Floats 17
L. Outhauls 18
M. Spar Mooring floats 18
N. Temporary Mooring Site Use
Program 18 - 19
O. Riparian Rights Mooring
Sites 19
P. Abandoned Mooring Sites 20 - 21
Q. Revocation of Mooring Site
Permit 21
R. Disposal of Mooring Tackle 21 - 22
IV. PIERS, WHARVES, FLOATS AND
OTHER MARINE‑RELATED Page No.:
A. Authority 23
B. Permits 23
C. Application Requirements 23-24
D. Application Process 24-27
E. Findings of Fact 27
F. Conditions of Approval 28
G. Performance Standards 28-29
H. Administration and Enforcement 29-30
A. Duties 30
B. Qualification, Salary, and
Appointment 31
C. Assistants 31
A. Violations 31
B. Enforcement by Harbor Master 31
C. Additional Enforcement Authority
for Violations of State Statute 32
D. Responsibility of Owner 33
E. Expenses of Moving a Vessel 33
A. Appeal of Decisions of the
Harbor Master 33-34
B. Request for reconsideration of
decisions of the Port Authority 34-35
C. Appeal of Decisions of the Port
Authority 35
A. Complaint Procedures 35-36
B. Action of the Harbor Master 36
A. General Provisions 36
B. Mooring Site Fees 36-37
C. Other Fees 37
XI. SEVERABILITY 38
XII. EFFECTIVE DATE AND RECORD OF
CHANGES 38-40
TOWN OF
RULES AND REGULATIONS
PERTAINING TO THE HARBOR, PORT AND
CHANNELS WITHIN THE TOWN OF
These Rules and Regulations are
promulgated under Section 4 of the Act Creating the Town of Kittery Port
Authority, Chapter 163, Private and Special laws 1961, 100th Legislature of the
State of Maine, HP 682 (Legislature Document No. 960), and under the laws of
the State as amended from time to time and shall have the force and effect of
law as municipal ordinances and shall be construed in accordance with Title 38
M.R.S.A. as amended. These Rules and Regulations apply to boats, boating and
the use of waters within the Town of
A. Berth: The place where a ship
lies when at a wharf or pier.
B. Channels: Areas of the harbor
kept open for navigation or other purpose by rule or regulation of the Port
Authority, the Department of Army or other regulatory or legislative body.
C. Commercial Use: The boat shall
be considered as used for commercial use when its principal purpose or use is
in the pursuit of one's business or trade for the purpose of earning a
livelihood. The burden of proof in establishing the commercial use of a boat
shall be upon the boat owner.
D. Dinghy, Tender or Skiff: A
vessel 12'6" or less in length and 5'0" or less in beam associated
with a specific larger vessel and principally used for transportation from the
larger vessel to a landing or other vessel.
E. Dock: The slip or waterway
extending between two (2)
piers or projecting wharves or cut
into the land for the reception of vessels.
F. Float: A platform that floats
and is anchored, moored
or secured at or near the shore,
used for landing or other purposes.
G. Harbor: The harbor shall include
the tidal waters within the geographical limits of the Town of Kittery, Maine.
H. Harbor Master: An officer
employed by the Port Authority to oversee the jurisdictional area of the
authority with power to make arrests, and having the authority, duties and
responsibilities conferred by state statute and municipal rules, regulations
and ordinances. In the absence, incapacity, or vacancy of the Harbor Master
position the Port Authority may designate an acting Harbor Master who shall
have the same authority, powers, and duties as set forth in these Rules and
Regulations.
I.
K. Knot: One nautical mile per hour
or approximately 1.15 statute mile per hour
L. Landing: A place for landing or
discharging persons or things, as from a vessel.
M. Marina: A marina is a dock or
basin providing secured moorings for motor boats and yachts and often offering
supply, repair and other facilities; a dock or basin providing dockage,
supplies and services such as storage and repairs to small craft (65') 19.8m
and less.
N. Mooring: A mooring is a
permanent, adequate means of securing a boat to the bottom in an anchorage
which is not carried aboard a craft when underway as regular equipment.
1. Mooring, Private ‑ A
mooring utilized by a vessel for private use only.
2. Mooring, Public ‑ A
mooring owned or leased by the Town of
3. Mooring, Commercial ‑ A
mooring utilized by an individual, partnership, or corporation used in the
pursuit of business or trade.
4. Mooring, Rental ‑ Any
mooring offered by individuals or marinas for transient or seasonal rental
including moorings controlled by clubs.
5. Transient Courtesy Mooring: A
transient courtesy mooring, other than one maintained by the Town of
O. Mooring Site: The term
"Mooring Site" shall mean a specific point on the ocean bottom in a
mooring area assigned by the Harbor Master to a specific vessel and its owner
or owner and use. Approval of the physical mooring tackle(hardware) is covered
separately and is approved by the Harbor Master for the particular location
permitted.
P. Mooring Site Waiting List: A
list or lists of boat owners, arranged by serial number, requesting a mooring
site in the tidal waters of the Town of
Q. Mooring Site Permit: Shall be
the assignment by the Harbor Master of a mooring site. All such mooring site
permits shall be issued by the Harbor Master upon application by the boat owner
according to these Rules and Regulations.
R. Town Resident: Also referred to
as "Municipal resident" means any person who owns real property in
S. Normal High‑Water Line:
That line which is apparent from visible markings, changes in the character of
soils due to prolonged action of the water or changes in vegetation, and which
distinguishes between predominately aquatic and predominantly terrestrial land.
T. Outhaul: A assembly consisting
of a submerged pulley and continuous line between a moored boat and a fixed
point on shore for the purpose of boarding a boat from the shore without the
need of a dinghy. Outhauls are customarily used by people with shorefront
property for mooring small boats.
U. Pier: A breakwater or mole
extending into the harbor for use as a landing place, a promenade, or to
protect or form a harbor; a structure built out into the water with piles for
use as a landing place.
U.1. Commercial Pier: Any pier that exceeds six
(6) feet in width shall be considered a commercial pier.
V. Port: The port includes the town
wharves at
W. Temporary Mooring Site Permit:
Shall mean a mooring site permit issued or assigned by the Harbor Master on a
temporary basis not to exceed one (1) season (May 1st through May 1st) per
assignment.
X. Vessels: Vessels shall include
boats of all sizes propelled by sails, machinery or hand; scows, dredges, shell
fish cars and craft of any kind.
Y. Wharf: A structure of timber,
masonry, concrete, earth or other material, built on the shore of a harbor,
river, canal, or the like, especially on extending parallel to the shore line,
so that vessels may lie close alongside to receive and discharge passengers and
cargo.
Z. Swim Float: A structure that is
moored on a temporary basis no earlier than June 1 and no later than October 15
for swimming purposes only, with no water-
craft tied to the float for any
extended periods of time.
A. Speed of Vessels, Reckless
Operation, and Wake of Vessels: Vessels shall be operated in the harbor at a
reasonable and prudent speed with due regard to all prevailing circumstances
and in such a manner as to not endanger craft, persons or property. Vessels
shall be operated so they do not create a wake that endangers or damages any
person, vessels or property, whether anchored or underway, waterfront piers,
floats or other property or shorelines, either directly or by effect of the
wash or wake created by the Watercraft through its speed or otherwise, nor
exceed the speed of five (5) m.p.h. in the following areas:
1. Pepperrell Cove Including
Chauncey Creek:
a. From the entrance to Pepperrell
Cove channel (RED NUN BUOY #4) to the
b.
From the entrance of Chauncey Creek channel to the upper end of Chauncey Creek.
2. Spruce Creek:
The area from Hicks Rocks Spindle
below Kittery Point Bridge to fifty (50) yards north of the old railroad
trestle in Spruce Creek.
3. Back Channel:
From red nun buoy #4 at the
Southeasterly end of the back channel, up the river to both the North and
Southeast sides of Badger's Island terminating at Western end of Badger's
EXCEPTION: Nothing in these speed
or wake regulations shall make unlawful any action necessary for (a)
navigational safety; (b) observance of the rules of the road, and 8 emergency missions by emergency or
public safety craft.
The burden shall be upon any person
asserting the exception provided by this Section as a defense to a prosecution
for violation of any speed or wake regulation.
B. Channels: Channels for the
passage of boats shall be maintained in the area under the jurisdictional
limits of the Port Authority and shall be clear of any and all obstructions.
1. A channel is established from
Nun Buoy Number 4(Fishing Island), one hundred fifty (150) feet wide, to the
town wharf at Kittery Point; also a fifty (50) foot wide deep water channel at
the entrance of Chauncey Creek from Nun Buoy No. 4 to a line from the southern
end of Phillip's Island (which is sometimes known as Moore's Island) to the
northern end of Gooseberry Island. Chauncey Creek above this line shall be
maintained as a mooring area with the Harbor Master laying out mooring sites in
such a manner as to insure that the channel shall not be obstructed. The Harbor
Master may require bow and stern moorings, if necessary to insure clear passage
in this area.
2. A fifty(50) foot channel is
established from red nun buoy #6, at Hick's rocks, Northwest and Westward up
the back channel between green can #3 and red nun buoy #4. Up the river to both
the North and Southeast sides of Badger's Island, terminating at the Western
end of Badger's
C. Anchorage
Vessels shall be anchored in the
harbor only in such places or areas as the Harbor Master shall direct. The
Harbor Master may at any time order any vessel at anchor to change position
when, in the exercise of his or her judgment, he or she determines that such
vessel is so anchored as to impede navigation or to endanger other vessels. The
normal anchorage area is designated as being to the North and West of Nun Buoy
No. 4 and to the west of Pepperrell Cove mooring area.
D. Buoys other than for Mooring
Vessels:
No buoy of this type shall be
placed in channels leading to wharves, nor shall such buoys be placed less than
three (3) vessel lengths from a mooring for that vessel. The Harbor Master is
empowered, in the interest of public safety, to require the removal of buoys.
E.
1. Obstruction: No person shall
obstruct by any means whatsoever the free use of piers, docks and other common
landing places. The town wharves shall be used only for loading and unloading.
Vessels shall not remain moored to the wharf or float for a period longer than
thirty (30) minutes except by permission of the Harbor Master. The Harbor
Master shall remove or cause to be removed any unattended vessel obstructing
free use of piers, docks or other common landing places after due effort has
been made to notify the Master or owner of said vessel of the above violation.
2. Public Nuisance: No person shall
loiter, create a public nuisance or partake of alcoholic beverages on town
wharves or landings. Town wharves or piers may be closed by the Police
Department when it is warranted by acts of vandalism or disturbance of the
peace and threats to Natural Resources.
3. Closure of Facilities: Town
wharves, piers, floats, and landings may be closed by order of the Port
Authority when warranted by acts of vandalism, disturbance of the peace,
storms, and public safety or Natural Resources. The Harbor Master may act in
lieu of the Port Authority in times of impending storms, or threats to public
safety or Natural Resources.
4. Swimming: No person shall dive
from, swim or skin dive without permission of the Harbor Master, within thirty
(30) feet of Town‑owned floats.
5. Tying of dinghies to town
floats:
a. Dinghy painter length required.
All dinghies, skiffs, or tenders
tied to Town owned floats shall allow at least 10 feet of line between the
float and boat.
b. Size of dinghies allowed.
No boat more than twelve feet six
inches (12' 6") in length shall be tied to a town owned float except for
loading and unloading.
c. Damage done by dinghies.
Boats tied to town owned floats
causing damage to adjacent craft, whether due to their construction, design, or
location will be subject to removal by owners on order of the Harbor
Master. All dinghies, skiffs or tenders tied to town floats are to be maintained
and bailed free of water. The Harbor Master shall segregate dinghies (i.e.,
aluminum, inflatable, etc.) as required to minimize damage to adjacent craft.
d. Marking of dinghies.
Either a mooring number or boat
name shall be prominently displayed on all dinghies, skiffs or tenders.
e. Removal of dinghies for winter.
Except where otherwise permitted by
the Harbor Master, all dinghies, skiffs and tenders shall be removed from Town‑owned
floats by October 15th of each year. Any
tenders left after this date will be charged a late fee of $5.00 to be assessed
the following year before tying tenders to town piers.
6. Storage of personal property on
town piers, floats, and landings:
Personal property, such as lobster
traps, bait, automobiles, cradles, boats, floats, etc., shall not be stored on
Town wharves or landings. The Loading Zone, as designated by the Harbor Master,
shall be used only for lobster traps, fishing gear and items in transit. Except June 1st to after Labor Day from 5:00
p.m. Friday - 5:00 p.m. Sunday, no lobster traps are permitted on the main
aluminum float at Pepperrell Cove Pier.
7. Use of Restrooms at Pepperrell
Cove (Reserved)
8. Parking adjacent to all Town
Landings and waterfront accesses including Pepperrell Cove,
F. Water Skiing, Skin & SCUBA
Diving, Aircraft, Sailboards, Jet Skis/Personal Watercraft, and Windsurfing:
1. Water Skiing, skin and SCUBA
diving, and Sailboards, and shall be governed by the appropriate Rules, Regulations
and statutes of the state. There shall be no Water Skiing or Windsurfing in
congested mooring areas, anchorage areas or in speed limited areas governed by
the Authority. Water Ski Jumps may be allowed by the Authority on a case by
case basis as Temporary moored floats covered in section III below.
2. Operators of Jet Skis/Personal
Watercraft shall observe the same Rules and Regulations applicable to
other vessels.
3. Aircraft shall observe the same
mooring and anchorage rules that apply to other vessels and shall be regulated
by the Maine Aeronautics Commission. In addition they shall be regulated by
applicable state and federal rules, regulations and statutes.
G. Environmental Protection of the
Harbor and Waters of the Town of
1. Waste and Refuse.
No person or vessel shall deposit,
throw, sweep, pump or otherwise cause to be deposited into the waters of
Kittery, or into adjacent waters, any gas or oil or bilge water containing
same, dirt, stones, gravel, mud, logs, planks, or any other substance tending
to obstruct the navigation or pollute the waters of said harbor or waters
adjacent thereto.
2. Use of Dumpsters.
No trash or refuse shall be placed
on any town float or pier except in designated containers. During the summer
season a courtesy dumpster is provided at Pepperrell Cove only for the use of
fishermen and boaters. No household trash or refuse of any kind not generated
on the vessel may be placed in this dumpster. Recyclable items must be properly
deposited in the containers provided as specified in Town recycling
regulations. Fishermen and boaters must carry out their own trash after the
season ends and the dumpster has been removed.
3. Oils and Hazardous wastes.
No oil or other hazardous wastes
shall be deposited in town Dumpsters or left on Town piers, floats, or landings
under any circumstances. Such material must be disposed of properly at the Town=s designated disposal site as
specified in the appropriate waste disposal regulations.
These Rules and Regulations are
promulgated to meet the requirements of Title 38, Maine Revised Statutes
Annotated (M.R.S.A.), as amended:
A. Assignment of Mooring Sites:
All mooring sites except as
otherwise provided by Title 38 M.R.S.A. et. seq. shall be under the exclusive control
of the Harbor Master. When the requests for mooring sites exceed the sites
available, mooring sites shall be assigned according to the allocation
provisions of this section from established mooring site area waiting lists
maintained by the Harbor Master. The mooring site areas are designated by the
following letter codes:
IS= Isles
of Shoals (Landowner or Lessee only)
CC= Chauncey
Creek including
PC= Pepperrell
Cove
FM=
SC= Spruce
Creek above the
BC=
BI=
PR=
EL= Rt.
95 bridge to Eliot line
OH= Outhauls
1. Assignment of Mooring Site with
no Waiting list
If at the time an individual
applies for a mooring site, there is no waiting list for that area (except at
the Isles of Shoals where the applicant must be a landowner or lessee to be
assigned a mooring site), this individual shall be assigned a mooring site
without regard to allocation provisions of these Rules and Regulations.
2. Assignment of Mooring Sites from
the Waiting List
a. The Harbor Master shall maintain
a separate waiting list for each area for both commercial and non‑commercial
applicants. These lists shall be further separated by Town resident and non
Town resident and arranged by serial number. The burden of proof in determining
Town residency and the principal use of a vessel shall be upon the
applicant. The current mooring list
existing on April 4, 2002, shall be closed but all mooring assignments made
after this date shall continue to be made from the mooring list, as it exists
prior to April 4, 2002, until all applicants on that list shall be dealt
with. After April 4, 2002, all requests
for mooring assignments shall appear on two lists, and all mooring assignments
shall be made on a first come, first serve basis from these lists, without
regard to residency.
b. With regard to all names
appearing on the mooring waiting lists as it exists prior to April 4, 2002, the
Harbor Master shall offer the next mooring site that becomes available in an
area to the first person on the commercial list and if declined, then to the
first person on the non‑commercial list, with the pre-April 4, 2002
mooring list in such a manner as to maintain a (5:1) ratio of resident to non‑resident
new assignments. When the pre-mooring
lists are exhausted, all applicants for a mooring assignment appearing on the
two lists (Commercial and Non-Commercial) created after April 4, 2002 shall be
issued in the order that the names appear on the two lists on a first come,
first serve basis.
c. Persons on the waiting lists may
decline an offered mooring site or temporarily accept an alternative and retain
their relative position on the Mooring Site Waiting List.
d. Waiting list applicants who
change their status from pleasure to commercial will be assigned to the bottom
of the commercial list for area desired.
B. Applications to the Mooring Site
Waiting List:
1. Person(s) may add their name to
an area mooring site waiting list by filling out a mooring site permit
application available at the Town Hall and paying the application fee. The
application must be filled out as follows:
a. The application must indicate a
choice of mooring site area using the area designation codes in section III.A
above.
b. The application must be filled
out in the name of the person to whom the boat will be registered or documented
regardless of whether there is multiple ownership of the vessel.
2. Upon receipt of the completed application
the Harbor Master will review the application with regard to space available in
the areas requested and place the name on the appropriate area list(s) as
discussed in section A above. An applicants name may only be listed once on an
area waiting list except that an individual may be listed on both the
commercial and non‑commercial list at the same time. The mooring site
waiting list is considered a public document under the Freedom of Access Law.
3. Any false or misleading
information provided or set forth in the application to the mooring site
waiting list shall be grounds for the Harbor Master to disqualify an applicant
from being added to the waiting list for a period of five (5) years.
4. Commercial mooring permit
applications must show with sufficient and credible documentation satisfactory
to the Harbor Master that the primary source of income for the vessel to be
moored is through the vessel=s
use and operation. Vessels that don=t land a product such as ferry
boats, water taxis, fishing charters and similar type vessels, shall provide
documentation of bookings, plus previous year=s Maine or Federal income tax returns showing the business
declaration sufficient to satisfy the Harbor Master that the vessel is used and
operated as a commercial vessel.
C. Mooring Site Permit Application
Information:
1. Address: Each new and renewal
mooring site permit application shall contain the most current legal address of
the mooring site permit applicant. Should this address change while the
applicant maintains mooring privileges, the Harbor Master shall be immediately
notified in writing of the new address and the Harbor Master shall so note the
change on all appropriate records. All notices required to be sent to the
mooring site permit holder pursuant to any provisions of these Rules and
Regulations shall be sent to the address as it appears on the mooring site
permit application or as updated following a written notice to the Harbor
Master. Proof of mailing to such address by the Port Authority or the Harbor
Master shall satisfy any mailing or notice requirements imposed by these Rules
and Regulations.
2. Mooring Tackle: The Port
Authority shall presume that the mooring site permit holder is the owner of the
mooring tackle located or to be located in the mooring site. In the event that
the mooring tackle(hardware) is owned by someone other than the mooring site
permit holder the name and address of the mooring tackle owner shall be
provided to the Harbor Master and updated as required from time to time.
3. Vessel identification: The
mooring site permit application must clearly identify the vessel which will be
placed on the mooring. The name(s) of the mooring site permit holder recorded
on the application and the name listed as the vessel owner on the state
registration or federal documentation certificate must be the same.
D. Annual Renewal of Mooring Site
Permits:
All mooring site permits must be
renewed and all fees paid by March 1st of each year, and prior to putting his
or her boat on that mooring. (In effect as of January 1, 2003)
1. All
mooring permits expire on December 31 of the calendar year.
2. Late
fees: March 15th to April 15th -
$25.00
April 16th to May 15th - $50.00
May 16th - the mooring permit is
considered revoked.
3. Anyone
having their permit revoked for non-payment of permit or late fees will be
notified by certified mail by the Harbor Master or his duly appointed agent at
their last known address as it appears in the Port Authority records that they
must request a hearing before the Port Authority within sixty (60) days from
the mailing of said notice, or the revocation is final and the mooring will be
reassigned. Proof of mailing of said
notice shall be satisfactory proof that the mailing was sent.
E. Use of Permitted Mooring Sites:
Title 38 M.R.S.A. expressly forbids
those who are granted a private mooring site assignment from transferring that
right or privilege to another, unless the mooring site was initially granted as
a rental mooring site. This section of state law specifically says Assignment
of these mooring privileges does not confer any right, title, or interest in
submerged or intertidal lands owned by the state and further says Assignments
shall not be rented unless the provision for rental was part of the agreement
when the mooring was originally assigned.
Rental moorings issued before 1968 are considered grandfathered by the
Port Authority and the Corps of Engineers.
The burden of proving through credible and reliable evidence that the
mooring was issued as a rental mooring prior to 1968 shall rest with the
individual seeking to have the rental mooring grandfathered. All rental moorings issued since 1968, in
order to continue as rental moorings, must show proof that the rental mooring
was properly documented with the Army Corps of Engineers and the Kittery Port
Authority.
Simply stated; a person who is
assigned a private mooring site may not rent, loan, lease, lend, give, bestow,
permit, accommodate, allow use of, or give permission to any other person to
use his or her assigned private mooring site (whether or not money or other consideration
is exchanged) except as allowed by the Harbor Master on a case by case basis.
1. Mooring sites cannot be
transferred between family members except that a mooring site used for
commercial fishing purposes may be transferred at the request of, or upon the
death of the assignee, only to a member of the assignee's family and only if
the mooring site assignment will continue to be used solely for commercial
fishing purposes. "Member of the assignee's family" shall mean an
assignee's spouse, parent, child or sibling, by birth or by adoption, including
a relation of the half blood.
2. Only a vessel which is properly
registered or documented in the name of the mooring site permit holder may be
placed on that person=s
private mooring. The name(s) of the mooring site permit holder as recorded by
the Harbor Master and the name listed as the vessel owner on the state
registration or federal documentation certificate must be the same.
3. Approved mooring site permits or
assignments for the size and type of boat described on the permit are valid
from the date of issuance until March
1st of the following year. Mooring site assignees may change vessels on their
assigned mooring site only with the permission of the Harbor Master. In
general, mooring site permits will be limited to the same approximate
size and type of vessel unless, in the judgment of the Harbor Master, a change
can be made without adversely affecting the Harbor mooring site plan or
adjoining mooring site assignees.