Town of Mt. Desert, Maine

The purpose of this article is to set forth the provisions for the safe and orderly placement, use, type and administration of all moorings and mooring spaces within the tidal waters of the Town of Mount Desert, to ensure safety to persons and property of harbor users.

No person shall place a mooring or mooring buoy in the tidal waters designated in Article II except with the express permission and written approval of the Harbor Master or his Deputy. The Harbor Master shall specify the minimum size, type and scope of the mooring and the maximum size and type of boat moored thereon, whether initial placement or relocation of mooring. Only approved mooring inspectors, or the Harbor Master, are authorized to place moorings. The owner of the mooring shall ensure that each mooring is in safe condition and proper location, and meets the requirements of this ordinance prior to its placement. The Harbor Master or his Deputy may inspect the condition and location of each mooring prior to or after its placement. Moorings shall conform to the approved minimum mooring specifications as per Harbor Regulations and mooring plan.

Any vessel owner desiring mooring space for a new mooring, when space may be available, shall submit an application to the Harbor Master on a form provided for the purpose. Upon receipt of an application, the Harbor Master may approve the application, put the applicant on a waiting list, deny the application, request the applicant submit additional information, or refer the application to other Town boards or commissions for comment and information. Additional documentation requested may relate to any matter bearing on the promotion of order in the harbor and the safety and use of the harbor for the general public. The Harbor Master may deny any application the approval of which he determines would detract from the order in the harbor, or which would jeopardize the safety and use of the harbor of the general public. The Harbor Master’s decision on any application shall be made within thirty days of receipt of the application or additional information.

All moorings shall be registered annually, prior to March 1st, with the Harbor Master, and a permit obtained from the Harbor Master. All moorings not registered by April 15th each year shall be removed by the owner, and the mooring privilege shall be revoked. When the owner of an unregistered or unsafe mooring cannot be located, identified or refuses to remove his/her mooring, or replace it with one of a different character, when so directed by the Harbor Master, the Harbor Master shall cause the entire mooring to be removed or the ball removed and the chain dropped to the bottom or shall make such change in the character of the mooring as required, and collect from the master or owner (of that boat or vessel) the sum of $100 for either of those services rendered and the necessary expenses.

Before removing a mooring or a buoy, the Harbor Master shall notify the master or owner, if owner can be determined, by registered mail at his/her last known address, of the action desired, the fact that the mooring will be removed and the fine. If the matter is not settled to the Harbor Master satisfaction within two (2) weeks, the Harbor Master may take the action provided for in this section.

All Moorings shall be assigned a number within a series that indicates the maximum size vessel that may use the mooring. The number shall be prominently displayed on the mooring in contrasting shades, at two inches minimum height. The Harbor Master shall assign the number and it shall be the owner's responsibility to apply and maintain the number.

All floats, commercial, and private, and lobster cars must be registered with the Harbor Master’s office and shall have a mooring on each end that meets the minimum mooring specification in the Harbor Regulations, be assigned a number and display the same. When necessary all floats and lobster cars will be permitted by the United States Army Corps of Engineers and have a copy of that permit on file in the Harbor Master’s office.

Houseboats shall only be permitted to moor or anchor in areas where the Harbor Master determines their presence will not detract from the scenic, recreational, or environmental character of the local. Additionally, vessels constructed or converted for use as houseboats shall be considered residential dwellings for purposes of complying with applicable provisions of the Town’s zoning, building, and comprehensive codes.

The Harbor Master shall maintain a list of all applicants who have not been assigned a mooring space for that year but want to remain eligible for future mooring space. To remain on the wait list, applicants must up-date their request in writing annually prior to 1 April and pay an annual application fee (fee schedules are set annually by the Selectmen). If an applicant refuses a mooring when offered one he may either choose to be dropped from the list or go to the bottom of the list. The wait list will be available for viewing at the Harbor Master’s office during normal working hours.

Privately owned moorings, except those in Northeast Harbor, may be rented directly by their owners. The moorings shall conform, in all aspects, to the Town's specifications for moorings. Additionally they shall have a permit from the US Army Corps of Engineers, with a copy on file with the Harbor Master’s office. In Northeast Harbor, all mooring rentals except Clifton Dock (already ACOE Permitted) shall be administered by the Harbor Master’s office.

Commercially owned moorings, except those in Northeast Harbor, may be rented directly by their owners. The moorings shall conform, in all aspects, to the Town's specifications for moorings. Additionally they shall have a permit from the US Army Corps of Engineers, with a copy on file with the Harbor Master’s office. In Northeast Harbor, all mooring rental, except Clifton Dock (already ACOE permitted) shall be administered by the Harbor Master’s office.

Persons or organizations engaged in commercial business, may continue to register moorings (commercial), for which they do not own boats, provided that: in the judgment of the Harbor Master and Harbor Committee, the number of mooring(s) is reasonable; and that there is adequate space.

Any one who has more moorings than permitted and has been renting them to the same individuals for five (5) or more years, may sell them to the individuals that have been renting the moorings. If the individuals do not buy the mooring(s), the mooring spaces must go to the next person(s) on the waitlist for that harbor. It shall be the responsibility of the Renters to produce evidence of five or more years of rental, by means of canceled checks, dated receipts, contracts with mooring owner or other proofs. (Pre 9 March 1993)

Non-commercial mooring owners who presently own moorings in more than one harbor within the Town of Mt. Desert, but do not own a bona fide boat for each mooring in each harbor, will be allowed to continue to register and maintain no more than one mooring per boat. The only case where more than one mooring per boat is permitted is if the moorings were owned prior to 3/9/93, in which case an owner may have one mooring in two different harbors for one boat and would not be entitled to any other mooring for the boat specified.

In Northeast Harbor, the Town shall own, operate and maintain two (2) classes of rental moorings. Class 1, consisting of at least 80% of available Town owned rental moorings, shall be classified as transient and shall not be occupied by the same boat for more than seven (7) successive nights unless the period is extended by the Harbor Master. Class 2, consisting of not more than 20% of the available Town owned rental moorings, may be rented for an extended period of time.

The Board of Selectmen with the recommendation of the Harbor Master and Marine Management Committee shall annually set applicable mooring fees. The Harbor Master may refuse to approve a mooring application, revoke a mooring approval, or refuse to allow the use of any moorings in the harbor or elsewhere in the Town for any person who has failed to pay applicable mooring fees.

The specifications for all moorings outside of the harbors but within the waters of the Town shall meet the minimum gear requirements of the harbors. In view of the fact that the locations outside the harbors are less protected than locations inside the harbor, the Harbor Master may require heavier gear and more scope to be safe.

6.14.1 Each mooring must be inspected, by an approved inspector at least every three years, or more frequently at the Harbor Master’s discretion, for its conformity with the minimum mooring standards currently in effect for the Town. Moorings not meeting the current mooring standards shall be brought into compliance immediately or before the mooring may be used again. All expenses for inspection or correction of defects or removal of the mooring shall be the responsibility of the mooring owner. Any mooring owner not in compliance with this section shall lose the privilege of having that mooring.

6.14.2 The Harbor Master, in consultation with the Marine Management Committee, shall develop and maintain a list of independent contractors possessing the knowledge, experience and equipment necessary to conduct a full, thorough and complete examination of moorings. Revision of the list shall be at the discretion of the Harbor Master after consulting with the Marine Management Committee. The list shall be maintained in the office of the Harbor Master and shall be available for inspection during regular business hours. Only those persons who are on the list shall conduct mooring inspection and repair.

6.14.3 The mooring owner or the inspector, in his behalf, shall furnish a complete report in writing, signed by the inspector, attesting to the date of the inspection, the name of the owner, the name of the inspector, the identity of the mooring and a statement of its condition. Any and all defects shall be noted and the date by which repairs or renovations will be effected.

6.14.4 The Harbor Master may inspect any mooring, its appurtenances, gear and tackle at any time. However, no more than one such random inspection of the same mooring may be made within a 90-day period, unless the initial inspection under Section (6.14.1) revealed a condition requiring correction or repair.

6.14.5 An organization or business, one of whose purposes is the rental of moorings which, in the ordinary course of its business inspects moorings and maintains records relating thereto, may submit such records in lieu of a physical inspection; provided that the records show that the person having supervisory authority over the moorings is on the list of those approved for inspection of moorings; and provided further that the Harbor Master shall have the authority of random inspection of any such mooring.

All moorings shall be subject to change in location, at the owner's expense, when it is deemed by the Harbor Master to be in the best interests of the Town, the safety of the harbor or waterway, or required to comply with the provisions of this ordinance.

The Harbor Master shall designate mooring spaces and shall maintain a mooring and traffic plan of the anchorage areas indicating location of moorings and size of boats. A copy of the Mooring Plan will be kept in the Harbor Master's office. The Harbor Master shall annually assign the location for each mooring with the guidance of the Mooring Plan (as approved by the Marine Management Committee) and ensure the mooring location is in accordance with the Mooring Plan. The owner at the direction of Harbor Master shall move all moorings not located in the correct location. Upon failure of the mooring owner to comply with these provisions, the Harbor Master shall move or remove the improperly located moorings. The cost of moving or removal shall be borne by the owner of the mooring(s). If the mooring owner does not pay, the mooring gear may be sold by the Town after one (1) year.

The Harbor Master shall be promptly notified of a proposed change of use (from private to commercial or commercial to private) of a mooring. Such change in use may only be instituted upon approval of such change by the Harbor Master. Use of a mooring is nontransferable except with the express written approval of the Harbor Master.

Most Harbors within the Town of Mount Desert have been declared full harbors. Non- commercial mooring owners in a full harbor who do not have a bona fide boat for each registerable mooring, must write a letter of intent, stating that they honestly expect to own a boat within one registration year, in order to maintain a mooring permit. If a boat is not purchased and registered within that stated time, their mooring privileges will be revoked for the mooring(s) without a bona fide boat, and they will not be permitted to apply for a new mooring until such time as they actually own a boat. The exception would be to allow mooring owners that have sold their boat, to charter a boat, appropriate size for the mooring, for use of the mooring, for a period of 2 months during the registration period. The charter agreement must be provided to the Harbor Master prior to the mooring registration deadline. If the Harbor Master deems appropriate and the charter is valid the mooring may be maintained for that mooring registration period.

The Harbor Master may revoke the mooring approval of any person who fails to promptly correct any violation of the mooring plan or this Article 6, after notice from the Harbor Master, or who refuses to obey any lawful order of the Harbor Master with reference to moorings. If notice is sent by mail, the notice is effective three business days after mailing.