Click here to view the Stonington Harbor Management Plan in its entirety (1.8 MB PDF).
HARBOR MANAGEMENT PLAN- STONINGTON
ORDINANCE RE: STONINGTON HARBOR MANAGEMENT PLAN
BE IT ORDAINED BY THE LEGAL VOTERS OF THE TOWN OF STONINGTON IN LAWFUL TOWN MEETING DULY ASSEMBLED, THAT THE FOLLOWING ORDINANCE BE ESTABLISHED BY THE TOWN: THAT
Article 1: General Provisions
Sec. 1 Title: This Ordinance shall be known as the Stonington Harbor Management Ordinance.
Sec. 2 Applicability: Unless otherwise provided, each provision of this Ordinance shall apply to:
A. The waters lying east of Wamphassuc Point, south of the Conrail railroad embankment and the shoreline eastward to the Borough of Stonington, west of the western shoreline of the Borough of Stonington and north of the westerly breakwater and of a line between its eastern end and the red and green buoy "SP" lying south of Stonington Point, which waters are herein defined as "Stonington Harbor;" and to
B. The waters lying east of the eastern shoreline of the Borough of Stonington and north of a line running from the aforesaid buoy "SP" true east to the Connecticut-Rhode Island border, thence following the state border north and thence generally eastward to buoy "19" thence north to the tip of Pawcatuck Point, which waters include Wequetequock Cove and portions of Little Narragansett Bay.
Sec. 3 Area Chart: A chart showing the waters to which this Ordinance applies as well as the mooring and anchorage areas of Stonington Harbor is included in the Stonington Harbor Management Plan as Chart I and is made a part of this Ordinance.
Sec. 4 Invalidity of Provisions: Should any provision or provisions of this Ordinance be held invalid or inoperative, the remainder shall continue in full force and effect as though such invalid or inoperative provisions had not been determined.
Sec. 5 Harbor Management Fund: In accordance with Secs. 22a-113l and 22a-113s of the Connecticut General Statutes, a Stonington Harbor Management Fund is hereby established to provide for the costs of administering the Stonington Harbor Management Plan.
The Stonington Harbor Management Commission (the "Commission") shall propose a fee schedule for mooring permits. The intention of the Commission is to hold mooring fees at a level no higher than necessary to pay for essential costs, while avoiding costs to Town and Borough Government. By State Statute, the annual fee for a mooring permit shall be approved by vote of the legislative bodies that established the Commission.
The Harbormaster or Deputy Harbormaster shall collect all fees and deposit them into an account maintained by the Commission and administered by the Town of Stonington. The account shall be used for the maintenance and improvement of the waters under the jurisdiction of this Commission for the public and for expenses for personnel, equipment, and services directly related to the function of the Commission or the Harbormaster or the Deputy Harbormaster. All expenditures shall require the approval of the Commission with payment orders to be signed by a Selectman and the Town Treasurer. No member of the Commission shall receive compensation from the Fund for services, but may be reimbursed for any necessary expense. Upon adoption of this Plan and establishment of the Harbor Management Fund, no Town or Borough tax revenues
shall be used in administering this Plan.
Article 2: Safety And Traffic Control
Sec. 6 Defective or Dangerous Conditions: Whenever any vessel, structure, or floating facility within the harbor is found to be defective or damaged so as to be unsafe or dangerous to persons or property, it shall be rendered safe or no longer dangerous by the owner within 30 days.
Sec. 7 Traffic and Speed Control: The Harbormaster and Stonington Police Department shall have authority to control waterborne traffic as specified in Section 15-154 and other applicable State Statutes.
Reckless operation of a vessel is an offense punishable by fine or imprisonment or both. The laws governing this offense are set forth in Sections 15-140k and 15-140m of the Connecticut General Statutes.
Article 3: Harbor Use Regulations
Sec. 8 Enforcement Authority: The Stonington Harbormaster or Deputy Harbormaster shall enforce the provisions of the Stonington Harbor Management Plan, including this Ordinance. The Harbormaster or Deputy Harbormaster may cite any alleged violators of this Ordinance. All uniformed officers of the Stonington Police Department shall have the authority to enforce the provisions of this Ordinance.
Sec. 9 Penalties: Any person who violates any provision of this Ordinance shall, upon conviction thereof, be punished by a fine of not less than $10.00 per day and not more than $85.00 per day.
Sec. 10 Liability: Any person using Stonington Harbor or its maritime facilities shall assume all risk of personal injury or loss of life and all risk of damage or loss to their property. Both the Town of and Borough of Stonington assume no risk on account of fire, theft, Act of God, or damage of any kind to vessels within the area under the jurisdiction of this Ordinance, nor responsibility for personal injury or loss of life within the same area.
Sec. 11 Swimming and Underwater Scuba: Swimming and recreational scuba diving are prohibited in all Coast Guard designated channels and fairways shown on Chart I. Such scuba diving is also prohibited north of a line extending from the Inner Breakwater to the west shore of the harbor on an east-west (magnetic) bearing. However, scuba diving for the maintenance of boats on moorings is permitted.
Sec. 12 Water Skiing: Water skiing is prohibited within Stonington Harbor, and within the waters north of a line running from red and green buoy "SP" thence to buoy "2" thence to the northwest tip of Sandy Point, and thence to Edwards Point. See Chart I.
Sec. 13 Fixed Fishing Gear: Placement of fixed fishing gear (e.g., gill nets and lobster pots) in channels or fairways at any time, and in mooring areas May 1 to October 15. See Regulations of Connecticut State Agencies Section 26-142a-3a(d).
Sec. 14 The Use of Vessel as Abode: The use of vessels or floating homes/offices in Stonington Harbor as permanent or long-term abodes is specifically prohibited. Sleeping aboard vessels is allowed as a secondary use to the vessel's principal commercial or recreational use. Temporary exceptions to this regulation for unusual circumstances may be allowed at the discretion of and by permission of the Harbormaster.
Sec. 15 Coordination with Town, Borough, and State Agencies: Pursuant to Sec. 22a-113p of the Connecticut General Statutes, any Town or Borough commission or board that is considering a proposal that affects the real property on, in or contiguous to the waters within the jurisdiction of this Commission shall notify this Commission at least thirty-five days prior to the taking of final action on the proposal. At the request of this Commission, a copy of the proposal under consideration shall be forwarded to this Commission for review and a recommendation. Overriding of an unfavorable recommendation from the Stonington Harbor Management Commission must be by a two-thirds vote. The proposal shall be acted upon by the Commission within thirty five days after initial receipt of notification of the proposal from any Town or
Borough commission or board. Failure of the Commission to submit a recommendation will be deemed to be approval of the proposal.
Sec. 16 Sanitation: The discharge of any refuse, waste, debris, petroleum product or by-product, paint, varnish, or untreated sewage into the waters under the jurisdiction of this Ordinance is prohibited.
Article 4: Mooring, Anchoring, And Securing Of Vessels
Sec. 17 Placement of Individual and Commercial Moorings: Placing any mooring in the waters of the harbor without a permit from the Harbormaster is prohibited. No vessel moored or anchored shall extend beyond the mooring area into any designated channels, fairways, turning basins, or transient anchorages. Vessels will not be moored so that they come closer than fifty feet to the north side of the west breakwater. Unpermitted moorings may be removed by the Harbormaster, but the owner thereof shall be notified if possible. If not possible, equipment shall be treated as lost items. Commercial moorings may not be placed in the harbor without the proper Army Corps of Engineers and Connecticut Department of Environmental Protection permits.
Sec. 18 Uses of Individual Moorings: The intent of these regulations is that individual moorings will be used by the holders of the permits for those moorings. That is, the moorings shall not be rented or leased (only approved commercial moorings may be rented or leased). Nor should they be left unused for more than sixty consecutive days without consulting the Harbormaster. The Harbormaster may decline to renew permits for unused moorings.
On the other hand, it is not the intent of these regulations to be overly restrictive or unreasonable. Occasional use of individual moorings by guests of the permit holder and mooring vacancies during cruises or boat repairs are allowed. Protracted vacancies caused by delays between selling a permitted boat and acquiring a new boat, or by such circumstances as illness of the permit holder or temporary absence from the Stonington area may be allowed by the Harbormaster. These situations should be discussed with the Harbormaster as they arise.
At the request of a permit holder, who is facing one of the situations described in the previous paragraph, the Harbormaster may issue a temporary permit (not to exceed six months) for use of a vacant mooring. The standard mooring permit application must be submitted to the Harbormaster for review and approval. If approved, the permit will be marked "TEMPORARY" to indicate that it is not a permanent permit. If the Harbormaster approves temporary use of a individual mooring, the holder of the temporary permit must assume all liability in writing. The Harbormaster shall consider the Waiting List when he/she issues temporary permits.
Sec. 19 Application for Mooring Permit.
A. New Applications. Any interested person, persons, or corporation may apply for a mooring permit for a boat by completing in full the application form (Annex B, p. 36) and returning it to the Harbormaster with a copy of the vessel's registration. Application forms are available at the Town Clerk's office, Borough Clerk's office, and from the Harbormaster. Applications will be placed on the waiting list in the order of receipt by the Harbormaster. In the case of a corporation, association, or other group, however organized, disclosure of the principals of the corporation shall be required. An application from a corporation whose principal assets consist of the boat to be moored and the mooring applied for shall not be accepted.
B. Renewal Applications. Mooring permits are valid for a period not to exceed one year. All mooring permits shall expire on December 31st and should be renewed by January 31st of the following year. A grace period lasting until March 31st of that year is allowed.
C. Applications by Mooring Owners Upon Adoption of This Ordinance. For the initial assignment of moorings following adoption of this ordinance, all holders of then current and valid mooring permits, plus all applicants who owned moorings in place in the harbor during the period from August 5, 1987 to September 22, 1987, shall be considered as having applied for mooring permits during this period and will be given precedence over new applications. That is, they will be "grandfathered." Upon adoption of this plan, a restriction of one permit per person will go into effect. Mooring permits are not transferable within a family. However a husband and wife are considered joint permit holders.
D. Relocation Applications. A permit holder who applies to relocate his mooring shall be given such priority as the Harbormaster may deem appropriate in order to optimize use of mooring space within Stonington Harbor.
E. Mooring Permit Fee. A fee of $20.00 must be paid each time a mooring permit is renewed or a new permit is received.
Sec. 20 Allocation of Mooring Spaces.
A. General Assignment Factors. All mooring locations shall be determined by the Harbormaster, with due consideration to vessel size, draft, water conditions, and other relevant factors, such as coastal resource protection.
B. Waiting List. When a mooring space becomes available, it shall be offered to the senior applicant on the mooring waiting list, subject to the constraints contained in these regulations. If the available mooring space 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 Harbormaster shall continue efforts to provide a suitable mooring space for the senior applicant. If the space is adequate for a much larger vessel than the one owned by the person who takes it, the space may be granted on a temporary basis until a more appropriate space becomes available. A person granted a "temporary
assignment" shall not be required to move his or her mooring during the boating season.
C. Shorefront Property Owners Moorings. The owner of private shorefront property shall have precedence when applying to the Harbormaster for a permit for a deep water mooring within close proximity to his property, except within Federal Navigation Projects.
D. Commercial Moorings. Commercial moorings shall be limited to 35 percent of the total deep draft moorings in the harbor. This percentage may be modified by the Harbor Management Commission.
Sec. 21 Mooring Records.
A. The Harbormaster shall keep a detailed record of each mooring, its location, and the owner’s name, home and business address, telephone number(s), date mooring was set, and name, length, registration number or documentation, and type of boat to be attached thereto. All vessels shall have current registrations in the State of Connecticut or have paid the required Connecticut state taxes.
B. The Harbormaster shall maintain in a public place awaiting list for mooring space which will include the dates of all permit applications, and a list of assigned mooring spaces with permittee names. Both lists shall be updated annually.
Sec. 22 Transient Anchorage:
A. Vessels may remain at the transient anchorage area for a period not to exceed 7 consecutive days except in cases of special circumstances and after notification of and approval by the Harbormaster.
B. Vessels shall be properly and securely anchored.
C. Vessels may not be left unattended for more than 24 hours. A vessel's operator shall not leave the immediate area without notifying the Harbormaster and providing a shipkeeper for the vessel.
Sec. 23 Secure Berthing, Mooring, and Anchoring of Vessels: It shall be the responsibility of the owner of the vessel, and where applicable, marine facility operators, to assure that a vessel is properly secured and to provide for periodic inspection, maintenance, and replacement of such equipment at reasonable intervals as determined by the Harbormaster. See Connecticut General Statutes Section 15-8.
Sec. 24 Mooring Specifications and Inspection: The Harbor Management Commission shall provide minimum specifications for mooring tackle and procedures for periodic inspection of the tackle. See Annex A (p. 31). Mooring buoys must comply with Section 15-121-A3a of the Regulations of Connecticut State Agencies.
Sec. 25 Storm Precautions: Owners are expected to add reasonable scope, weights, and extra anchors in anticipation of storm conditions. Prompt return to usual mooring provisions shall be effected within seven days after a storm.
Sec. 26 Settlement of Disputes: Any dispute arising between a mooring permit holder or an applicant for a permit and the Harbormaster or the Commission over the interpretation or intent of these regulations will be settled in a public meeting. The boat owner will request the meeting from the Chairman of the Commission in writing. The Chairman and four other members of the Commission, chosen by the Chairman, will form a panel to settle the dispute.
Article 5: Review and Modification of The Harbor Management Plan
Sec. 27 Review of Harbor Management Plan: Section 22a-113m of Connecticut General Statutes provides for an annual review of the Harbor Management Plan by the Harbor Management Commission and by the Commissioners of Environmental Protection and Transportation. The Commission shall conduct its review during the boating season, prior to Labor Day. As part of the review, the Commission shall hold a public workshop to receive comments and recommendations concerning all aspects of management of Stonington Harbor and the other waters under its jurisdiction. The review shall include the administration of mooring regulations, mooring permit fees, and the operation of commercial moorings.
Sec. 28 Modification of Harbor Management Plan: Modifications to the Stonington Harbor Management Plan must be approved in the same manner as the original plan itself, including the requirement that they be adopted by the legislative bodies of the Town and the Borough of Stonington.
Article 6: Definitions
Anchoring: to secure a vessel temporarily to the bottom of a water body by dropping an anchor or anchors or other ground tackle from a vessel.
Berth: space for a single vessel along side a pier, finger float, or other structure.
Buffer: an open water area between the shore and a designated mooring area.
Channel: a water area officially marked and maintained to permit unobstructed movement of vessels.
Commercial Mooring: a mooring that is rented or leased or available for rental or lease.
Deep Water: a minimum depth of 4 feet at mean low water.
Distress: a state of disability or of present or obviously imminent peril which, if unduly prolonged, could endanger life or result in serious property damage.
Emergency: a state of imminent or proximate danger to life or property in which time is of the essence.
Fairway: a locally-designated water area reserved for unobstructed movement of vessels.
Floating Home/Office: a floating building or structure constructed on a float, barge or raft, no longer principally intended for nor generally capable of safe navigation, as determined by the Harbormaster, but principally used as an abode or place of business.
Harbor Facility: an area or structure providing private or public access to the water.
Harbor Management Act: the legislation contained within the State of Connecticut General Statutes, Sections 22a-113k through 22-113t and as may be amended.
Harbor Management Commission: the local municipal commission established under and carrying out the responsibilities authorized by the Connecticut Harbor Management Act.
Harbormaster: an official appointed by the Governor of the State of Connecticut to administer a harbor, in this case Stonington Harbor, in accordance with the Connecticut General Statutes. The Harbormaster will enforce the Harbor Management Ordinance if it is adopted.
Individual Mooring: any mooring that is not a commercial mooring.
Moor: to secure a vessel to a mooring.
Mooring: a device or system incorporating mooring tackle intended for long term use by which vessels are secured to the bottom of a water body.
Mooring Buoy: a floating device designed to mark a mooring.
Mooring Tackle: the hardware and cordage used to secure a moored vessel.
Open Water: a water area designated in the Water Use Plan where moorings and structures are restricted in order to preserve the area for navigation, natural resource, or public recreational purposes.
Public Access: an area where the public has free access from the land to either a view of the water or the water itself.
Public Area: all areas of the harbor except those areas under specific government lease to private parties or owned privately.
Shore: the part of the land in immediate contact with a body of water, including the area between high and low water lines.
"Shall" and "May": "shall" is mandatory: "may" is permissive.
State: the State of Connecticut.
Structure: a dock, pier, piling, breakwater, groin, seawall, and combinations thereof.
Transient Anchorage: an area designated for the exclusive short-term use of commercial and recreational vessels.
Underway: the condition of a vessel that is not anchored, moored, made fast to the shore, nor aground.
Vessel: every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transport through the water, as defined in CGS Section 15-127.
This Ordinance shall become effective fifteen days after publication in a newspaper having a general circulation in the Town of Stonington.
Adopted May 3, 2000
Effective May 25, 2000
| 
