Chapter 269: MOORING REGULATIONS

Chapter 269: MOORING REGULATIONS [HISTORY: Adopted by the Board of Selectmen of the Town of Falmouth 11-24-1997. Amendments noted where applicable.] GENERAL REFERENCES Harbor Master See Ch. 53, Art. I. Boats and boating See Ch. 91. Waterways See Ch. 231. 269-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: BOAT/VESSEL Any water craft, used or capable of being used as a means of transportation. COMMERCIAL MOORING/RENTAL Any mooring that does not meet the definition of a private mooring or a mooring that may be used to generate revenue. COMMERCIAL MOORING/SERVICE Issued to vessels which are primarily operated commercially or for servicing, repairing or holding for delivery those vessels which have been serviced. FALMOUTH WATERS All waters within the Town boundaries. HARBOR MASTER The Harbor Master appointed by the Town Administrator and duly empowered by the General Laws of the Commonwealth of Massachusetts. LENGTH OF BOAT/VESSEL The length overall. MOORING An anchor system consisting of an anchor, chain, buoy and pennant by which a boat is secured to the bottom in a location assigned by the Harbor Master under the mooring permit process. MOORING YEAR January 1 through December 31. This is the period for which the mooring is assigned. OUTHAULS An anchor set offshore of a beach or seawall and used to haul and/or moor a small boat seaward of the mean high water line. IMMEDIATE FAMILY Mother, Father, Spouse, Son, Daughter PRIVATE MOORING Any mooring registered by the Town of Falmouth to an individual. Adequate documentation must be presented to the Harbor Master to ensure true ownership of the vessel. The only vessel allowed on that mooring shall be the one registered to that mooring, with the following exceptions: A. A mooring holder may loan his/her mooring, at any time, for no more than 48 hours subject to the approval of the harbormaster as to boat and tackle size requirements. (see 269-5) B. If a vessel, other than that which has been assigned to the mooring, is to use that mooring for a period of time not to exceed seven days, the Harbor Master must be notified by the mooring permit holder as to what vessel will be using the mooring. C. If, for any reason, a mooring permit holder does not wish to use his/her paid-for mooring for a season and is willing, the Harbor Master can temporarily assign that mooring to the first appropriately sized vessel on the waiting list. There will be a separate fee charged to the vessel coming off the waiting list. The temporarily assigned vessel will return to its original position on the waiting list after the season, if not otherwise assigned. QUALIFIED INSPECTOR Any person approved as an inspector of tackle and moorings by

the Harbor Master. YACHT CLUB FLEET MOORINGS (1) Owned by the Yacht Club. (2) Location: must be in the same harbor as the Yacht Club. (3) Functions: provide mooring for privately owned sailboats that qualify as a part of the racing class of that year's yacht club racing program. (4) Transfers: A private mooring (See definition of "private mooring.") may be transferred to the Yacht Club itself, provided that the boat the Yacht Club assigns to the mooring meets the requirements outlined in Subsection C above. No yacht club shall own more than five such transferred mooring permits at any one time. YACHT CLUB SUPPORT MOORING (1) Owned by the Yacht Club. (2) Provide mooring for yacht club owned and maintained vessels that provide normal yacht club services, such as launch service, sailing programs, swimming floats and on-thewater maintenance of club facilities. (3) Provide mooring for privately owned sailboats that qualify as a part of the racing class of that year's yacht club's racing program. 269-2. Registration, Re-registration and placement. A. Registration of a previously hold held mooring space. (1) Previously registered mooring. The Harbor Master town shall mail, during the month of January, renewal forms bills to all persons who were registered permit holders at the end of the prior year, at the address then listed on their last registration or reregistration account. It shall be the burden of the permit holder to notify the Harbor Master of any change of address in writing. Renewal must be accompanied by proof of payment of boat excise tax bill, if applicable, the nonrefundable mooring fee. and your current inspection certificate. (2) If the permit holder has no proof of ownership of a boat to be assigned to the account for more than one year, he/she must surrender the use of the mooring. (3) If a previously approved mooring has not had an approved vessel assigned to it for one year, that mooring space shall be forfeited. When a vessel is removed from a mooring account for any reason, the owner shall be granted a (1) year boat replacement grace period. The grace period shall commence on the date of sale or other disposition of the vessel. It is the permit holder s responsibility to provide adequate proof of ownership of a replacement vessel to the harbormaster prior to the grace period expiration. (4) No mooring permit shall be transferable, except within the immediate family. The immediate family shall include brother, sister, children, mother, father or spouse. Within the immediate family. (5) Falmouth Inner Harbor permit holders must adhere to the Army Corp. of Engineers transfer policy given this is a federal channel. (Spouse only) B. Requests for new mooring permits. All requests for new mooring space shall be made by filing a Falmouth mooring application form, along with appropriate fees and paperwork, to:

Falmouth Harbor Master's Office 180 Scranton Avenue Falmouth, MA 02540 C. Relocation application. A registered mooring holder who wishes a new location within the same harbor shall file a written request with the Harbor Master. His name will then appear on the relocation list for that specific harbor. (See 269-3, Waiting lists.) There is no cost to keep your name on the relocation list. however, you must notify the Harbor Master every year, in writing, by January 1, if you wish to keep your name on the list. Relocation requests shall be filed from January 1 st to March 15 th and expire on December 31 st of each year. D. Assignment of mooring space. (1) All assignments of mooring space shall be made by the Harbor Master or his designee. At such time as space becomes available, the Harbor Master shall assign the space, according to the specific requirements of the particular boat, including its length, draft or other pertinent requirements, to the person who first submitted a completed application. (2) When the applicant is notified the Town has a mooring space, and the space is acceptable, he must set his proper tackle within 30 days. Use of the mooring can be delayed for one year. E. Placement of moorings. (1) No mooring shall be placed in any Falmouth waters without inspection and approval of the Harbor Master. The Harbor Master must direct the placement of the mooring. (2) All moorings shall be placed by someone approved by the Harbor Master. 269-3. Waiting lists. Waiting lists shall be maintained pursuant to the Code of Massachusetts Regulations. (See 310 CMR 9.07) The Harbor Master shall post two waiting lists in his office for each harbor in the Town of Falmouth. The first, known as the "waiting list," is for your original application for a mooring in that specific harbor, and the second, known as a "relocation list," is for a current mooring holder who wishes a different location within the harbor in which he is located. The Harbor Master will fill all vacancies from the relocation list first, then go to the waiting list. A. The waiting list. (1) This list shall show the name of the applicant, date the application is received and the size of the boat for which mooring space is requested. (2) Each applicant may be on no more that two waiting lists at one time. (3) For each list you wish to be on, a one-time, nonrefundable fee, equal to the appropriate mooring fee for the boat listed in Subsection A(2) (above) will accompany the application. a non-refundable wait list fee shall accompany the application. (see 269-14) (4) When the applicant is notified the Town has a mooring space available and the applicant accepts the space, this fee will be applied to the first year's fee payment and will not be prorated. (5) The person at the top of the waiting list shall have priority to obtain the next available location but may waive the right to the next available location without loosing his/her place at the top of the list. In the event of the waiver, the next person on the list shall be offered the location etc. Notice to the person entitled to the next available mooring shall be in writing. Declining a second mooring offer within the same harbor for any reason shall result in the applicant s name being dropped to the bottom of the current waiting

list. (6) Wait list applicants shall be required to annually renew their wait list request in writing to the Harbor Master in order to remain on the wait list. An annual renewal fee of $10 shall accompany the renewal request. The renewal time period shall be January 1 to March 15 annually. Renewal requests received after March 15 shall be placed at the bottom of the wait list. No renewal reminders will be issued by the Town. [Added 4-22-2002] B. The relocation list. (1) This list shall show the name of the applicant, date the application is received, the size of the boat for which mooring space is requested and the reason for the request. (2) Applications are for the same harbor only. (3) No deposit is required to be on this list. 269-4. Forfeiture of mooring space. Any registered owner shall be deemed to have forfeited his or her registered mooring space by reason of any one of the following: A. Removal of the tackle by the registered owner and notification to the Harbor Master that the space is available. B. Failure to complete re-registration by May 1 of any season. C. Failure to replace, within 14 days, any piece of mooring tackle not in compliance with the mooring tackle standards set forth in 269-5 of these regulations. D. Any mooring may be inspected and its owner may be ordered, by the Harbor Master, to remove or relocate it whenever, in the judgment of the Harbor Master, the safety of other vessels or the optimum use of the area requires such action. The expenses of such removal or relocation shall be the responsibility of the owner. Except in emergency situations, an owner shall have 14 days to relocate or remove a mooring when so ordered by the Harbor Master. E. Failure to pay the annual mooring fee and excise tax when applicable. F. Failure to comply with any of the requirements of this chapter. G. Unauthorized changing of mooring location. (See placement.) H. Rental of a private mooring. (See definitions.) I. Current mooring is considered illegal. (See registrations.) J. All persons shall be notified by certified mail when they have forfeited their mooring spaces. After notification of forfeiture, the owner of the tackle shall remove same. If, after 14 days, the tackle has not been removed, the Harbor Master shall have said tackle removed at the owner's expense. 269-5. Mooring specifications. A. Mooring anchors, other than the Mushroom and Dor-Mor pyramid anchor, other than Mushroom, Pyramidal and Helix anchors, shall be permitted at the discretion of the Harbor Master. B. Anchor chain shall be galvanized Grade 30 proof coil chain. Minimum total length shall be two times the water depth at mean high tide. Maximum total length shall be 2.5 times water depth

at MHT. C. Swivels, if used, shall be one size larger than the chain to which they are connected. Shackles shall be the same size and strength as the chain. D. Mooring pennant length shall be two times the height from the water line to the bow chock, plus the distance from the chock to the deck cleat. E. The mooring pennant shall have adequate chaffing gear at the bow chock and shall be shackled directly to the chain. F. Mooring buoys shall be molded, formed or fabricated from rubber, plastic or fiberglass. G. The buoy shall be of sufficient buoyancy to float at 50% of its mass at mean high tide. Each buoy shall be a minimum diameter of 12 inches, shall be white with at least a one-inch horizontal blue stripe, black three-inch numbers and, on commercial buoys only, include the weight of the mooring anchor and shall have the following identification displayed on the ball: last name of the permit holder and for commercial permits the anchor weight. (See 269-11 Numbering) H. Environmentally friendly mooring systems designed to keep the chain off the ocean floor may be approved at the discretion of the harbormaster. I. Mooring tackle, either winter or summer, shall remain in the town assigned mooring location at all times except when undergoing an out of water inspection. J. The specifications outlined in this chapter are minimum standards and are not intended to withstand the weather extremes. Chain Anchor Weight Size Boat length (feet) Mushroom (pounds) Dor-mor (pounds) Bottom (inches) Top (inches) Pennant (inches) Up to 13 100 703/8 3/8 1/2 14 to 19 150 1351/2 3/8 1/2 20 to 25 200 plus 2001/2 1/2 5/8 26 to 29 300 plus 75 shaft weight* 375 plus 5/8 1/2 5/8 30 to 39 500 plus 75 shaft weight* 5003/4 5/8 2 at 5/8 or 3/4 Over 40 feet 700 to 1,000 plus 135 shaft weight* 1,0003/4 5/8 1 269-6. Abandonment of tackle. Any registered mooring holder who abandons or forfeits a mooring space is responsible for removing and disposing of the tackle. Failure of the registered holder to remove such tackle shall constitute abandonment thereof, and such tackle may be ordered removed by the Harbor Master at the expense of the registered mooring holder. Unidentifiable mooring tackle shall be considered a hazard to navigation pursuant to MGL Chapter 91:10A and may be removed as such by the harbormaster or his designee. 269-7. Moving of tackle. The moving of any tackle to an assigned space shall be at the applicant's expense, and tackle may not be moved from any registered mooring space without the prior written approval of the

Harbor Master. Any registered mooring holder desiring to move any tackle shall make application to the Harbor Master, who shall determine whether such application shall be approved or rejected. 269-8. Mooring inspection. A. Before a new mooring permit will be issued, the mooring owner must submit his/her mooring tackle for an out-of-the-water inspection by the Harbor Master or his designee. B. Each year the mooring buoy, pennant, chafing gear, top chain and all connecting hardware on each mooring must be inspected by the permit holder. C. Each existing mooring shall be inspected, fully, by a registered inspector at three-year intervals either by diving or out of water. After the initial inspection, all subsequent inspections shall take place in conjunction with the (3) year harbor inspection cycle. Any mooring tackle that breaks loose or otherwise fails shall be re-inspected by a town approved inspector prior to reuse. The deadline for submission of the annual inspection form is November 1 st. D. If, as the result of such inspections, the Harbor Master Division or designee determines that any link of chain, shackle, swivel or other piece of mooring gear has become damaged or worn by one-third or more of its normal diameter, all such chains, shackles, swivels or other pieces of mooring tackle shall be replaced accordingly. Failure to replace worn or damaged gear shall be grounds for revocation of a mooring permit by the Harbor Master Division. (E) No mooring servicer or inspector shall place, maintain, service, repair, or replace any mooring that is not permitted by the Town of Falmouth. (F) Mooring inspection and service work may not be sub-contracted out unless written permission is granted by the Harbormasters Office. 269-9. Qualifications of inspectors. A. Any person can, upon application to the Harbor Master and demonstration to him of his familiarity with the rules and regulations of the Town relating to mooring tackle inspection, be considered a certified inspector. B. Such approval may be revoked by the Harbor Master if he determines that the inspector has failed to exercise due diligence in performing his duties as inspector. ( C) Minimum requirements for town mooring inspectors: 1. One year experience in mooring inspection or servicing work. 2. Proof of knowledge and experience in Falmouth mooring gear requirements. 3. Demonstrated local knowledge. 4. Three business references 5. Proper mooring service vessel, barge or platform. 6. Proof of insurance to perform mooring tending work. 269-10. Winter sticks. A. Winter sticks shall be readily visible in a vertical position at all times, with a minimum of 12 inches showing. B. The mooring permit number must be displayed on the winter stick. The stick shall be white, shall have a one-inch blue stripe and shall be upright at all times (not less than 40 in any

tide). C. All winter sticks shall be removed not later than June 15 of the succeeding year. D. Winter sticks shall not be placed earlier than October 1. 269-11. Numbering. Each mooring in all Falmouth harbors will be assigned a number by the Harbor Master. This number shall be displayed in black, three-inch high letters on each mooring buoy, pick up buoy and winter stick. 269-12. Commercial moorings. A. Existing (rental). (1) The owner of the mooring will be registered as the assignee of the mooring space (mooring permit holder). (2) A seasonal lessee will be registered by boat sticker, and The mooring permit holder must submit a list of seasonal lessees to the Harbor Master's office as of July 1. The deadline for submitting annual lists is August 15. (3) Commercial moorings shall be limited to 35% of the total moorings in any single harbor. (4) The size and type of mooring must meet tackle requirements for the maximum size vessel that would fit in that location. (5) Commercial moorings shall be marked with the company name or logo, as well as the number assigned by the Harbor Master and the weight of the anchor. (6) Commercial moorings permitted by the Town of Falmouth prior to November 24, 1997, and subject to the limitations outlined in Subsection A(3), shall continue to be permitted only if all the required Army Corps of Engineer permit are either is in place. or are in the application process. (7) Permits will be issued exclusively to Falmouth water front marine businesses who provide the following services: Number of Moorings Held Services required 1 to 5 6 to 20 Over 21 Shall be on the water front yes Yes yes Adequate dingy or launch service yes Yes yes Trash removal yes yes yes Rest rooms no yes yes Septic pump out (unless otherwise available in that harbor) no no yes Parking no 1 space per 4 moorings 5 spaces, plus 1 space per 10 moorings in excess of 20 Parking no 1 space 5 spaces,

B.. Application process (rental). (1) Applicants for new or additional commercial rental mooring permits will follow all regular steps as outlined in 269-2B (requests for new space). (2) See 269-12A(7) (commercial moorings - existing). (3) Upon receipt of a mooring permit from the Falmouth Harbor Master, the applicant shall initiate the Army Corps of Engineers permitting process. (4) Commercial moorings (rental and service) shall be limited to 35% of the total mooring in any harbor. C. Commercial Rental Moorings Wait List Procedure: Commercial rental permit holders shall comply with the following assignment conditions in order to retain their permits: 1. Option A: Town Wait List Assignment: Seasonal rental moorings shall be assigned from appropriate harbor town waiting list. The harbormaster shall provide the permit holder with the current list and contact information to be used to fill any vacancy. This provision shall not apply to transient mooring rentals fourteen days or less. 2. Option B: Permit Holder Wait List: The commercial rental permit holder may elect to maintain an independent waiting list which shall be open to public inspection and shall be submitted to the harbormaster. (Lists shall be forward to the harbormaster no later than March 15 th annually, failure to provide the harbormaster the list by that date will result in Option A being required) All assignments of seasonal moorings shall be made from this waiting list. (Rentals for 15 days or more) 3. Rental Reporting Requirements: A list of all seasonal renters shall be provided to the harbormaster as of July st annually. This list will be used to compare to the commercial waiting list (#2) in the event the harbormaster receives a complaint. Commercial rental permit holders shall provide the following information to satisfy this requirement: Name, mailing address, vessel registration or federal documentation. 4. Wait List Assignments: Assignments from the wait lists in Option A & B shall be to the first suitable vessel on the list. (Suitability may include: Vessel Size,

type, draft, swing room, ETC) D. Existing (service). (1) Commercial mooring permits issued in 1996 prior to November 24, 1997, and used for service purposes shall be permitted, provided that the mooring use conforms to the requirements for the commercial service permits (See definition of "private mooring.") and if all the required Army Corps of Engineer permit are either is in place. or are in the application process. (2) The size and type of mooring must meet tackle requirements for the maximum size vessel that would fit in that location. (3) Commercial/service moorings shall be marked with the company name or logo, as well as the number assigned by the Harbor Master and the weight of the anchor. E. Application process (service). (1) Applicants for commercial service mooring permits will follow all regular steps as outlined in 269-2B (requests for new space). (2) Commercial service mooring permits shall be issued to individuals whose vessels are primarily operated commercially or for servicing, repairing and/or holding for delivery vessels which have been serviced. The permit holder must prove to the Harbor Master that 50% or more of his income is derived from servicing boats. (3) Upon receipt of a mooring permit from the Falmouth Harbor Master, the applicant shall initiate the Army Corps of Engineers permitting process. 269-13. Appeal process. Any person aggrieved by a decision of the Harbor Master may file an appeal in accordance with the MGL c. 91, 10(A). 269-14. Fees. A. Private moorings. All vessels shall pay a yearly mooring fee of $40. B. Commercial moorings. All commercial moorings shall pay a yearly mooring fee of $60. C. Yacht club moorings. All yacht club moorings shall be charged a yearly mooring fee of $50. A. Fees shall be adopted by the Board of Selectmen pursuant to the Falmouth Town Code Chapter 119-1. B. Mooring fees collected by the town shall be deposited into and used in accordance with the purposes of the Municipal Waterways Improvement and Maintenance Fund. (See MGL Chapter 91:10A and MGL Chapter 40:5G) 269-15. Fee payment policy and schedule.

A. The mooring bills will be sent out by January 15 annually. B. Payment is due 30 days from the mailing of the mooring bills. C. Failure to pay a mooring bill by the due date will result in an additional demand charge. of $5. (see 269-14) D. Failure to pay the mooring fee and the demand charge by the demand due date will result in cancellation of the mooring permit. E. It is the responsibility of the mooring permit holder to ensure payment is received in the Town Collector's office in a timely fashion. If you do not receive a mooring bill, it is the permit holder's responsibility to check on its whereabouts. F. Changes of address must be submitted, in writing, to the Harbor Master's office, 180 Scranton Avenue, Falmouth, Massachusetts, 02540. All outgoing correspondence will be sent to the most current address supplied to the Harbor Master's office. It is the sole responsibility of the mooring permit holder/applicant to ensure that the Town has your proper mailing address. No deadlines will be extended because mail is returned because undeliverable as addressed. 269-16. Boat stickers. A. Each vessel for which a mooring permit sticker has been issued shall have, attached to the hull, in a visible location as designated by the Harbor Master, an annual sticker issued by the Harbor Master. It is the responsibility of the mooring owner to ensure compliance with this section. The schedule for issuance of boat stickers shall be determined by the harbormaster. B. It shall be permissible for an individual to use one mooring for two or more vessels at different times. ( Excludes rafting of boats together) However, all vessels must be owned by the same individual, have its own sticker, and the mooring location and tackle must be suitable for the second vessel. 269-17. Mooring tags. Each permitted mooring shall have attached, above the water line and visible at all times, a annual mooring tag issued by the Harbor Master. Again, It shall be the responsibility of the mooring owner to ensure compliance with this section. The schedule for issuance of mooring tags shall be determined by the harbormaster. Mooring tags are only required to be affixed to the tackle the year of issuance. 269-18. Change of ownership of vessel. When the owner of a vessel for which a mooring permit has been issued transfers the ownership of the vessel to another person, the mooring permit is not transferable to such person unless he or she is a member of the immediate family of the transferee. [See 269-2A(4).] the mooring is located in a non-wait listed area. 269-19. Change of vessel. A mooring holder may assign a new boat to his/her mooring, provided that the Harbor Master considers the mooring location and the tackle suitable for the replacement vessel. All change of vessel requests shall be made in writing to the Harbor Master's office. 269-20. Enforcement.

Unless otherwise specifically provided herein, these regulations and rules shall be enforced by the Harbor Master according to the Massachusetts General Laws. 269-21. Harbor management plans. Certain provisions of these Town-wide mooring regulations may be waived by the Harbor Master for any harbor which has a Selectmen-approved harbor management plan in effect. 269-22. Anchoring Anchoring shall be prohibited within all designated mooring fields. Temporary anchoring shall be allowed in designated anchorage areas or where specifically authorized by a harbor management plan. 269-23. Non-Designated Mooring Areas The harbormaster will consider requests for mooring permits in NON-designated mooring areas on an individual basis. The harbormaster shall maintain a written policy for the implementation of this section. This section shall not apply to any area in town for which a waiting list exists.