Dartmouth Mooring Regulations (Ver.6)

(APPROVED December 16, 2003)

1. PREAMBLE. In order to better promote fair and adequate public access and to provide the efficient and effective management of the harbors and waterways of the Town of Dartmouth, the Waterways Management Commission for the Town of Dartmouth (hereinafter referred to as “Commission”) and the Harbormaster hereby adopt the following regulations for the permanent mooring of vessels, floats, rafts, and related structures within the Town of Dartmouth.
2. AUTHORITY. Pursuant to the general authority under Massachusetts General Laws Chapter 102, Section 21, et seq., Chapter 91, Section 10A, and Chapter 43B, Section 13, and all other applicable legal authority, the Town of Dartmouth by and through the Harbormaster is authorized to issue temporary, annual permits to the public for the mooring of vessel and related structures under such terms, conditions and restrictions that may be deemed necessary. Pursuant to the foregoing authority, the Harbormaster hereby establishes the following regulations to become effective on January 1, 2004 for the temporary placement and use of moorings within the tidal waterways of the Town of Dartmouth.
3. DEFINITIONS. [To be added.]
4. OWNERSHIP OF MOORING SITE. Because the land beneath the tidal waters of the Town of Dartmouth is owned by the Commonwealth of Massachusetts and is held for the public trust as part of the public domain, all mooring permits are of a temporary nature and no person has a property right in any mooring location without an express grant by the Commonwealth or express act by the legislature. Burden for establilshing such grant or act remains upon person claiming same.
5. MOORING PERMIT CATEGORIES. There shall be three (3) categories of moorings subject to permitting: (i) recreational; (ii) commercial; and (iii) municipal. Only one (1) recreational mooring permit will be granted to a new applicant for the personal, non-commercial use of the permitee per calendar year. No person may place a vessel other than the “vessel-of-record” on a recreational mooring without prior written authorization of the Harbormaster. A commercial mooring permit may only be granted to a duly organized, and existing business entity with a principal place of business located in the Town of Dartmouth for use as a rental mooring. No person or business entity may apply for a commercial mooring permit in furtherance of a passive business endeavor. A holder of a commercial mooring permit may not rent a commercial mooring to a vessel owner who has not paid all applicable state and local taxes and fees to the Town of Dartmouth. A commercial mooring permit is not transferable by sale or assignment. A commercial permitee shall comply with all federal, state, and local laws. Municipal mooring permit may be granted to the Town of Dartmouth for municipal uses.
6. MOORING LOCATION. All mooring locations must be approved by the Harbormaster. Upon issuance of a mooring permit, the Harbormaster shall assign a mooring location to an applicant/permitee. For new installations, the permanent mooring system, including anchor and ground tackle, must be set under the supervision or at the direction of the Harbormaster be in accordance with the minimum mooring tackle specifications established herein. A mooring system set without prior authorization of the Harbormaster may be removed immediately by the Harbormaster at the owner’s sole expense.
7. APPLICATION FOR NEW MOORING PERMIT. Any person or business who desires an annual permit for the placement on a temporary basis of a recreational or commercial mooring to secure a vessel, float, raft, or related structure held by a permanent bottom-anchored mooring system must submit a written application to the Harbormaster, together with a non-refundable application fee which must be renewed annually. The application fee is for the processing of the application and is separate from any mooring permit fee required herein. No part of a mooring system, including anchor or ground tackle, may be set prior to the issuance of a permit by the Harbormaster for the placement or maintenance of said mooring at a location established and approved by the Harbormaster. Any mooring system set without prior authorization of the Harbormaster may be removed immediately by the Harbormaster and the expense associated therewith will be the responsibility of the applicant/owner and the permit application shall be forfeited. Non-Criminal Penalties are specified in Article 41 of the Dartmouth Town Bylaws.
8. WAITING LIST. If in the judgment of the Harbormaster, there is not an available mooring location to accommodate an applicant’s vessel or specific needs, then the Harbormaster shall place the applicant’s name, application date, and vessel dimensions upon the appropriate waiting list. For the purposes herein, the Harbormaster shall maintain a waiting list for the assignment of all mooring locations. Applicants shall pay an initial fee upon the filing of a mooring application, and must pay an annual fee by March 31st of each subsequent year to retain their position upon the mooring waiting list.
9. MOORING ASSIGNMENT. Subject to the physical constraints of an available mooring location, the Harbormaster will first offer a mooring location available for permanent or temporary assignment to the first person on the appropriate waiting list. If the available mooring location is not suitable in the judgment of the Harbormaster to accommodate the first-named applicant’s vessel or specific needs, then the Harbormaster shall offer the mooring location to the next-named, qualified applicant. The applicant so-bypassed shall retain his or her relative position on the appropriate waiting list. An applicant who refuses an initial mooring assignment or who does not notify the Harbormaster of his or her acceptance and/or refusal of said location within seventy-two (72) hours after receipt of the Harbormaster’s notice shall retain his or her relative position on the permanent waiting list. An applicant who refuses a second mooring assignment or who does not notify the Harbormaster of his or her acceptance and/or refusal of said location within seventy-two (72) hours after receipt of the Harbormaster’s notice shall forfeit his or her relative position and shall be placed at the end of the permanent waiting list. If a permitee fails to register and place the “vessel-of-record” on their mooring for a period of two (2) consecutive years, the mooring permit will be revoked and the mooring location will be reassigned.
10. RENEWAL OF MOORING PERMIT. Recreational and commercial mooring permits shall expire on December 31 and must be renewed by March 31 of the following year. A recreational and commercial permit holder must inform the Harbormaster by March 31 of each year of any change in the information pertaining to the “vessel-of-record” and permanent mooring system on file with the Harbormaster, including, with respect to a recreational permitee, whether the “vessel-of-record” will be used on the mooring during the upcoming summer season, i.e. June 15 to September 15. So long as there is no change in the said information, a permitee will be deemed to have renewed his or her application for a temporary mooring permit for the upcoming calendar year upon the payment of the annual mooring permit fee. No mooring system, including anchor or ground tackle, may be altered to accommodate a vessel other than the “vessel-of-record” without the prior authorization of the Harbormaster. A mooring system so altered to accommodate a vessel other than the “vessel-of-record” without the prior authorization of the Harbormaster may be removed immediately by the Harbormaster at the owner’s sole expense and the mooring permit for that location will be revoked and the mooring location will be reassigned.
11. TEMPORARY/SEASONAL MOORING USE. A permitee shall notify the Harbormaster if the “vessel-of-record” will not be on the mooring during all or part of the summer season, i.e. June 15 to September 15, (because the vessel will be moored at a slip or on a dock, or for any other reason, including loss, layup, or sale of the vessel). If a mooring permitee fails to notify the Harbormaster by May 1 of any year that the “vessel-of-record” will not be on the mooring during the upcoming summer season, the mooring permit will be revoked and the mooring location will be reassigned. Upon notice of an impending hurricane, a vessel using a mooring on a temporary/seasonal “permitted use” basis must vacate that location upon demand of the permit holder or Harbormaster.
12. TRANSFER. No recreational or commercial mooring permit or location may be sold, transferred, rented, swapped, assigned, relocated or bartered except as permitted and licensed herein. The holder of a recreational mooring permit may transfer his or her permit to an immediate family member upon the prior authorization of the Harbormaster. For the purposes of this regulation, an immediate family member shall include a parent, sibling, spouse or child. If a recreational permitee sells, charters, or otherwise transfers or loses possession of the “vessel-of-record” identified in the relevant mooring permit, then the permitee may replace the vessel with another within two (2) consecutive calendar years if the replacement vessel is judged by the Harbormaster to be suitable for that mooring location and system, and the permitee files an amended mooring application with the Harbormaster containing the pertinent information for the replacement vessel being proposed for that mooring location. If the Harbormaster determines that the replacement vessel is not suitable for the existing mooring location, then the permitee must file an application for a new mooring permit as outlined herein.
13. NON-RENEWAL AND REASSIGNMENT. If a mooring permit is not renewed for any reason, and the mooring location is reassigned by the Harbormaster, the former permit holder may sell the mooring system, including anchor and ground tackle, to the new permitee. If the mooring system is not sold, then it must be removed immediately by the former permit holder, and if not, then the Harbormaster may remove the mooring tackle, and the costs associated therewith will be the obligation of the former permitee/owner.
14. MOORING ANCHORS AND GROUND TACKLE. All mooring systems shall meet the minimum requirements set forth in Schedules A through F. These specifications may not be varied without the prior authorization of the Harbormaster.
15. INSPECTION, CARE AND MAINTENANCE. The inspection, care, and maintenance of mooring tackle, including anchor, chain, buoy, pennant, and associated swivels, shackles, thimbles and eye splices, are the responsibility of the permitee. At the expense of the permitee, all such components shall be inspected by a qualified inspector approved by the Harbormaster at least once every three (3) years. The permitee will be notified at the time of annual renewal when the ground tackle is due for inspection. An inspection must also be performed before any reassignment. After January 1, 2004, initial inspections shall be made by raising the mooring anchor, or in the cases where the Harbormaster considers the weight of the anchor to be such as to make raising it impractical, inspection may be made underwater. Thereafter, the mooring anchor shall be raised every other inspection period, unless excessive deterioration is observed by the inspector. After inspection, the inspector must submit an inspection report with a certificate of compliance or non-compliance to the permitee and the Harbormaster within seven (7) days after inspection. Non-compliance shall mean (i) wear or wastage of any component of the anchor or ground tackle of more than one-third of its original dimension, or by apparent fraying or other weakness in the rope pennant; or (ii) unauthorized anchoring device. With respect to an unauthorized anchoring device, the permitee must upgrade and bring the anchor into compliance prior to the next scheduled inspection. Mooring tackle determined by the Harbormaster not to be in conformity with the minimum mooring tackle specifications established herein may result in the suspension of the mooring permit. Without authorization of the Harbormaster, the permitee must remove the “vessel-of-record” immediately from the location after notice of suspension. Failure to comply with the foregoing regulation will result in the immediate revocation of the mooring permit. If the nonconformity is not repaired or otherwise corrected within fourteen (14) days after notice by the Harbormaster, then the mooring location shall be deemed abandoned and the mooring permit for that location will be revoked. Upon suspension and/or revocation, the Harbormaster may remove the mooring tackle, and the costs associated therewith will be the obligation of the permitee/owner. Specifications for mooring tackle may not be varied without the prior authorization of the Harbormaster.
16. USE BY “VESSEL-OF-RECORD.” No person will secure a vessel on a mooring except the “vessel-of-record” without prior written authorization of the Harbormaster.
17. EMERGENCY PROVISIONS. In an emergency, the Harbormaster may assign a vessel to a vacant mooring as long as the assignment does not interfere with the use of that mooring by the “vessel-of-record.”
18. MOORING BUOYS AND MARKINGS. All mooring locations shall be identified with mooring buoys of distinctive colors and markings approved by the Harbormaster. Recreational mooring buoys shall be white with a blue stripe and shall be marked with the mooring registration number and the name of the vessel-of-record assigned to that mooring location. Commercial mooring buoys shall be white with a red stripe and shall be marked with the mooring registration number and the name of the permitee. Municipal mooring buoys shall be white with a green stripe and shall be marked with a number. All markings on mooring buoys shall be permanently attached or painted thereon and visible and legible whether or not the mooring is in use.
19. SWIM FLOATS. All swim floats require a mooring permit (one permit per anchor). Applications for such structures shall be subject to the same permitting procedures contained herein and shall be subject to these regulations and all other applicable federal, state, and local laws, regulations, and rules.
20. RAFTS. All rafts require a mooring permit (one permit per anchor). Applications for such structures shall be subject to the same permitting procedures contained herein and shall be subject to these regulations and all other applicable federal, state, and local laws, regulations, and rules.
21. MOORING STAKES/TROLLEY POLES. All mooring stakes and any type of pulley or trolley system require a mooring permit. Applications for such structures shall be subject to the same permitting procedures contained herein and shall be subject to these regulations and all other applicable federal, state, and local laws, regulations, and rules.
22. WINTER STAKES/STICKS. Without prior authorization of the Harbormaster, winter stakes shall be installed no later than November 15 of each year at all mooring locations. Winter stakes must be set in such a way that they do not lay flat on the water surface and shall be readily visible above the water at all times when installed with a minimum of eighteen inches (18”) visible above the water line. Winter stakes must have the mooring registration number assigned by the Harbormaster visible and legible from at least two (2) sides when the stake is in place. Winter stakes must be removed from all mooring locations between June 1 and October 1 of each year. If a winter stake is not removed by June 1, it may be removed immediately by or at the direction of the Harbormaster and the costs associated therewith shall be the responsibility of the permitee. If an otherwise non-conforming winter stake is not removed within fourteen (14) days of notice by the Harbormaster, or the costs of removal are not paid within fourteen (14) days of demand, then the winter stake and mooring location shall be deemed abandoned and the winter stake disposed of in accordance with applicable law and the mooring permit for that location will be revoked. Nothing contained herein shall constitute an assurance or obligation that the Harbormaster shall remove such winter stake, and the obligation to do so and the liability arising therefrom, shall remain that of the permitee.
23. MISCELLANEOUS. The Harbormaster may allow dry sailing of small boats from floats or rafts on a case-by-case basis.
24. PERMIT FEES. Annual mooring permit fees are due and payable on March 31 of each calendar year. An additional late mooring registration fee of $100 is required to continue a mooring permit if the annual mooring permit renewal form and fee is not received by the Town by March 31st of any year. Permit fees and late penalties, if unpaid for more than thirty (30) days from the due date of March 31st in any year will cause the Harbormaster to revoke the mooring permit. Any mooring system not removed within thirty (30) days thereafter may be removed by the Harbormaster at the owner’s sole expense.
25. RIGHT OF APPEAL. Any person aggrieved by a refusal to permit such temporary mooring, or by any condition or restriction imposed relative to such mooring, may have the right of apeal under Massachusetts General Laws.
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Appendix – Ground Tackle Specifications

Schedule A – Apponagansett Bay (North of the Bridge)

Schedule B – Apponagansett Bay (South of the Bridge)

• The maximum length of bottom chain shall be the depth of water at mean high water (minimum of 10’). All shackles, swivels, fastenings and other hardware shall be hot galvanized (Grade 40, BBB or better); proportional in size to the chain used; and seized or wired properly to prevent pins from backing out. Government surplus stud-link anchor chain (Grade 3 or better) may be substituted.
• The maximum length of top chain shall be the depth of water at mean high water, with a minimum of 10’ irrespective of depth.
• The maximum length of all pennants shall be the depth of water at mean high water, plus 10’. Pennants shall be 3-strand or double braided, spliced and shackled to the bitter end of the chain. Thimbles shall be used in all splices. Adequate chafing gear shall be used on all pennants.
• No new/repaired mushroom anchor installations allowed in under 10’ MHW

Schedule C – Bay View to Round Hill

• The maximum length of bottom chain shall be the depth of water at mean high water (minimum of 10’). All shackles, swivels, fastenings and other hardware shall be hot galvanized (Grade 40, BBB or better); proportional in size to the chain used; and seized or wired properly to prevent pins from backing out. Government surplus stud-link anchor chain (Grade 3 or better) may be substituted.
• The maximum length of top chain shall be the depth of water at mean high water, with a minimum of 10’ irrespective of depth.
• The maximum length of all pennants shall be the depth of water at mean high water, plus 10’. Pennants shall be 3-strand or double braided, spliced and shackled to the bitter end of the chain. Thimbles shall be used in all splices. Adequate chafing gear shall be used on all pennants.
• No new/repaired mushroom anchor installations allowed in under 10’ MHW

Schedule D – Salters Point / Mishaum Point / Ricketsons Point

• The maximum length of bottom chain shall be the depth of water at mean high water (minimum of 10’). All shackles, swivels, fastenings and other hardware shall be hot galvanized (Grade 40, BBB or better); proportional in size to the chain used; and seized or wired properly to prevent pins from backing out. Government surplus stud-link anchor chain (Grade 3 or better) may be substituted.
• The maximum length of top chain shall be the depth of water at mean high water, with a minimum of 10’ irrespective of depth.
• The maximum length of all pennants shall be the depth of water at mean high water, plus 10’. Pennants shall be 3-strand or double braided, spliced and shackled to the bitter end of the chain. Thimbles shall be used in all splices. Adequate chafing gear shall be used on all pennants.
• No new/repaired mushroom anchor installations allowed in under 10’ MHW

Schedule E – Clarks Cove

• The maximum length of bottom chain shall be the depth of water at mean high water (minimum of 10’). All shackles, swivels, fastenings and other hardware shall be hot galvanized (Grade 40, BBB or better); proportional in size to the chain used; and seized or wired properly to prevent pins from backing out. Government surplus stud-link anchor chain (Grade 3 or better) may be substituted.
• The maximum length of top chain shall be the depth of water at mean high water, with a minimum of 10’ irrespective of depth.
• The maximum length of all pennants shall be the depth of water at mean high water, plus 10’. Pennants shall be 3-strand or double braided, spliced and shackled to the bitter end of the chain. Thimbles shall be used in all splices. Adequate chafing gear shall be used on all pennants.
• No new/repaired mushroom anchor installations allowed in under 10’ MHW

Schedule F – Slocum River

• The maximum length of bottom chain shall be the depth of water at mean high water (minimum of 10’). All shackles, swivels, fastenings and other hardware shall be hot galvanized (Grade 40, BBB or better); proportional in size to the chain used; and seized or wired properly to prevent pins from backing out. Government surplus stud-link anchor chain (Grade 3 or better) may be substituted.
• The maximum length of top chain shall be the depth of water at mean high water, with a minimum of 10’ irrespective of depth.
• The maximum length of all pennants shall be the depth of water at mean high water, plus 10’. Pennants shall be 3-strand or double braided, spliced and shackled to the bitter end of the chain. Thimbles shall be used in all splices. Adequate chafing gear shall be used on all pennants.
• No new/repaired mushroom anchor installations allowed in under 10’ MHW