§ 58-26. Mooring permits.

A. 

Waterfront property owners (shore or Connecticut River). Permit will be granted if mooring circle is within side reference lines (see Figure No. 5). If mooring circle extends beyond side reference lines, a permit may be granted depending on use of adjacent area (see Figure No. 6). The applicant must indicate requested distance from mean high water line as well as probable vessel size. However, beachfront property owners may apply for a mooring permit without the requirement to define the vessel. This is done to allow landlords to rent property with the assurances that a boat may be moored offshore in front. Mooring tackle description must be included in the application and should conform to the minimums listed in this plan considering the largest vessel to be moored. Encroachment on federal channels will not be allowed. If moorings in the designated mooring areas prohibit access to navigable waters, adjustments shall be made to grant access. If a waterfront property owner desires a mooring in front of the owned property and it would be within (or interferes with) a designated mooring area, one mooring in the designated mooring area may be granted if there is a suitable location for the displaced mooring permittee. However, the location of the mooring cannot interfere with safe use by others and may not be located beyond the halfway point to property opposite the owner's shore.

B. 

Waterfront property owners (estuaries, river). Permit will be granted if mooring circle is within side reference lines and does not prevent navigation. Applicant must indicate location of mooring and probable vessel size. If moorings in the designated mooring areas prohibit access to navigable waters, adjustments shall be made to grant access. If a waterfront property owner desires a mooring in front of the owned property and it would be within (or interferes with) a designated mooring area, one mooring in the designated mooring area may be granted if there is a suitable location for the displaced mooring permittee. However, the location of the mooring cannot interfere with safe use by others and may not be located beyond the halfway point to property opposite the owner's shore.

C. 

Designated mooring area, commercial. Federal and state permits are required for each mooring and the mooring locations must conform to the area identified in the Harbor Management Plan. Note that transient boaters can normally be accommodated. See Subsections A and B. See Figure No. 3.

Editor's Note: A copy of the Harbor Management Plan is included at the end of this chapter.

Editor's Note: Figure No. 3 is on file at the Town Clerk's office.

D. 

Designated mooring area, noncommercial. All vessels using this sector must be registered in Connecticut. Vessels numbered out of state and documented vessels must be registered and display a current Connecticut registration decal. Vessels must be owned by the applicant. Waterfront property owners are not limited because of the placement of a designated mooring area. See Figure No. 3.

Editor's Note: Figure No. 3 is on file at the Town Clerk's office.

E. 

Application forms. Mooring application forms will be made available in the Selectmen's office at the Old Lyme Town Hall. Up until February 1, renewals will have first priority. After February 1, applications will be considered based on the date of receipt.

F. 

Fees. Granting of mooring permits shall require a nonrefundable application fee as set by the Harbor Management Commission.

G. 

Mooring placement. When an applicant has registered for a mooring, the Harbormaster shall assign a place and number for a specific location. The applicant shall mark the mooring float with the applicant's last name, permit number, and weight of mushroom anchor, all in two-inch letters of contrasting color.

H. 

Permit dates and transferability. All mooring permits issued are valid from March 1 to the last day of February. No mooring permit within the designated mooring area shall be transferable except within the owner's immediate household. The Harbormaster may permit the temporary use (i.e., normally less than one month) of a mooring by another vessel upon written request by the holder of the permit in the designated mooring area.

I. 

Registration of mooring space; previously registered boats.

(1) 

Any person who, during the immediately preceding year, was a permit holder shall have until February 1 of the following year to apply for renewal of a permit. All applications for renewal of the permit shall contain the information noted in preceding subsections and shall be accompanied by the application fee. Applications shall be delivered on or before February 1 and addressed to: Harbormaster, Town of Old Lyme, 52 Lyme Street, Old Lyme, CT 06371. Failure to submit an application for renewal of a permit by February 1 shall result in a loss of mooring space. This application may be made in person in the Selectmen's office under the same time constraints.

(2) 

If a permit holder is temporarily without a boat while planning to acquire an alternative, he may apply to the Harbormaster to retain his mooring space for a period of 30 days.

(3) 

Relocation application. A registered holder of a permit in the designated mooring area who desires to apply for a different mooring space for a different boat shall file a relocation application containing the appropriate information along with the existing mooring space registration number.

J. 

Request for new space. All requests for new mooring space shall be made by an application containing the information noted in the preceding subsections and the application fee.

K. 

Waiting list. The Harbormaster shall cause to be posted in the Old Lyme Town Hall a list showing the names of persons desiring private mooring space in the designated mooring area and the date of application, the area in which such space is desired, and the size of the vessel for which such mooring space has been requested. The aforesaid list shall be compiled from all persons making application for new mooring space or for relocation.

L. 

Forfeiture of mooring space. Except as otherwise noted, any registered mooring permittee shall be deemed to have forfeited his registered mooring space by reason of the following:

(1) 

Removal of mooring and notification to the Harbormaster that the space is available.

(2) 

Failure to re-register for such space by February 1 of any season or failure to replace any piece of the mooring not complying with the mooring standards within 30 days of notice to the applicant by the Harbormaster.

(3) 

Failure to resurface or replace mooring within 30 days after being advised by the Harbormaster that the mooring buoy is down.

Amended 12-14-1998