Town of Salisbury, MA Use Regulations

It shall be unlawful to operate or permit the operation of any motorboat or other vessel propelled by machinery at a speed exceeding six miles per hour and/or causing a disturbing wake in any designated mooring areas of the Salisbury waters within Town limits.

[Amended 10-27-2014 ATM by Art. 26]

Wake and speed. Notwithstanding the speed limit established in Subsection A(1) above, no vessel shall create a wake or operate at a speed which endangers life, safety or property of any person in Salisbury waters. In narrow channels, designated mooring areas, or where posted, the speed of all vessels shall be reduced to the minimum speed required for safe steerage of the vessel.

All stand-up paddleboard users in Salisbury waters, when not in a bathing, swimming, or surf zone, are required to have a Type I, II, or III personal flotation device (PFD) on board, or be wearing a Type V inflatable device.

[Added 10-27-2014 ATM by Art. 26]

Unlawful pollution and discharges. No oil, petroleum products, chemicals, untreated sewage, rubbish, debris or garbage shall be disposed of within Salisbury waters. No cleaning of fish is permitted on Town facilities except where designated by the Harbormaster.

Windsurfing; waterskiing: personal water craft (PWC) operation kayaking and canoeing.

Windsurfers and water skiers are not to operate in the navigable channel of the river or in mooring areas from the Ice Breaker to west of Carr Island.

Personal water craft may operate in the channel at a no-wake speed not to exceed six miles per hour. Operators of personal water craft must be in a seated or kneeling position and must proceed in a direct route without switching back and forth in the channel. Jumping of wake is prohibited.

If a windsurfer or water skier is obligated to cross the marked channel he shall do so at right angles and with due care to the traffic flow in the marked channel so as not to create a hazard to river traffic.

Safety regulations.

No person shall operate a vessel in Salisbury waters so as to endanger the lives, safety or property of others.

No person shall operate a vessel in Salisbury waters while under the influence of intoxicating liquors or drugs.

No person shall operate a motorized vessel within 150 feet of any beach or swimming area, or within 300 feet of any oceanfront beach. This restriction extends to 300 feet from any oceanfront beach or swimming area while towing water skiers, aquaplanes or similar devices.

[Amended 10-27-2014 ATM by Art. 26]

Obstructions. Obstructions to safe navigation of the Salisbury waters, including but not limited to derelict and/or abandoned vessels, shall be subject to removal by the Harbormaster without notice. Obstructions removed and stored by the Harbormaster shall be at the expense of the owner, said expenses shall include all costs and labor.

Races, marine events, and regattas.

No boat race, marine event, or regatta shall be held in Salisbury waters without first obtaining a U.S. Coast Guard permit and notifying the Harbormaster and providing the Harbormaster with a copy of the Coast Guard permit for the race or regatta.

All races, marine events, and regattas in Salisbury waters must be operated under the supervision of a race or regatta committee. All such committees shall, prior to their activity, file a written statement with the Harbormaster, two months prior to the event, containing the following information:

The identity, address and telephone number of the group or organization sponsoring the activity.

A brief description of the activity, time of commencement, an estimate of hours and/or days, location specifying the course to be run, date of the activity and any alternative dates in the event of a weather postponement, and a listing of the fees to be charged.

A roster of the names and addresses and phone numbers of the members of the committee responsible for the organization and conduct of the activity.

A brief statement of the efforts by the committee to publicize the activity sufficiently such as will give reasonable notice to the boating public of the time, date, place and nature of the activity and thereby warn the public of courses to be run by participants and areas to be closed to the public during the activity. Warning the public can be accomplished through notice to marinas. All races and regattas shall be accompanied by at least one motor-powered committee vessel. Committee boats must keep a constant monitor on VHF Channel 12 and have the ability to monitor on VHF Channel 16 for the duration of the race.

Fueling.

Fueling is permitted only at licensed fuel docks in accordance with the State Fire Marshal Code 527 CMR 1 through 50; fueling from portable containers will not be allowed at the Town Dock. Refueling at other than licensed fuel docks is a violation.

No detached fuel tanks or containers shall be stored on board vessels tied at the Town Dock.

Any person who shall refuse or neglect to stop when signaled or requested to do so by a person empowered to enforce this by law, or who refuses to produce his identification or vessel registration or documentation shall be punished by a fine of $100.

[Added 5-15-2017 ATM by Art. 16]

§ 102-15 Town liability.

The Town assumes no responsibility on account of fire, theft or damage of any nature to any vessel or property connected therewith, nor for personal injury to any person arising out of the use of waterways under the jurisdiction of the Town or any facility in or related to the waterways. Any person using any Town facility for the conduct of a permitted activity shall file a statement with the Harbor Commission indemnifying and holding the Town harmless from any lawsuit arising out of the conduct of the permitted activity by anyone.

§ 102-16 Excise tax, waterway permit fees, and other fees.

[Amended 5-18-2009 ATM by Art. 23; 10-27-2014 ATM by Art. 26]

No mooring or waterways permit shall be assigned to any person who is in arrears on any boat excise tax, mooring, waterways permit fees, or pump-out fee, due and payable to the Town, for any year present or previous. Proof of the payment shall be submitted with application for a mooring or waterways permit.

§ 102-17 Accidents.

The operator of a vessel involved in an accident shall render all practical and necessary assistance to persons affected by the accident to the extent possible without serious danger to life, crew, passengers or the vessel.

The Harbormaster shall be notified within 24 hours of all accidents which are required to be reported by MGL c. 90B, § 9, and shall also be notified of any accident which results in environmental damage or navigational obstructions. The Harbormaster should be notified as soon as possible of the accident. A written report shall be submitted within five days of the accident if the accident results in loss of life, injury requiring medical attention, loss of consciousness, property damage in excess of $200 or disappearance of any person on board under circumstances which suggest the possibility of injury or death. The operator and owner of the vessel(s) are responsible for this report. A copy of the report required by MGL c. 90B, § 9 filed with the Harbormaster will satisfy the written report requirement.

[Amended 10-23-2006 ATM by Art. 2; 5-18-2009 ATM by Art. 23]

No vessel, mooring or other object shall be abandoned, sunk or placed where it may constitute a hazard to navigation.

Any vessel, mooring or object constituting a hazard to navigation, and any vessel or object improperly secured, swamped, sunk, washed ashore or found in a restricted area, may be removed or relocated at the direction of the Harbormaster if corrective action is not taken by the owner immediately upon being notified by the Harbormaster.

The expense of such removal or relocation and liability therefor shall be the responsibility of the owner.

Nothing in these sections shall restrict earlier action by the Harbormaster or an Assistant Harbormaster, with or without notifying the owner, if, in his judgment, such action is necessary to protect life or property.

In the event a vessel is towed under the provisions of this bylaw, or is otherwise lawfully towed, any person authorized to enforce MGL c. 90B or this bylaw shall not be liable and shall remain harmless for any act or omission in providing or arranging such towage or other assistance unless such person acts recklessly or with gross negligence.

[Added 5-15-2017 ATM by Art. 16]

§ 102-18 Mooring, vessels, floats and other structures.

Waterways, mooring and dinghy permits generally.

[Amended 10-27-2014 ATM by Art. 26; 5-15-2017 ATM by Art. 16]

Terms and requirements. Waterways, mooring and dinghy permits for slips, floats, moorings or other docking mechanisms shall be issued by the Harbormaster according to the terms and requirements of the applications and available space in accordance with Subsection F.

Fees. Fees for waterways, mooring and dinghy permits issued by the Harbormaster shall be those authorized under § 102-12.

Waterways permit fees shall apply to all vessels, greater than 12 feet OAL or equipped with a 15 or more horsepower motor, moored or berthed in Salisbury waters for a period of two weeks or more during a calendar year.

(4)

The waterways permit shall be affixed to the upper right hand corner, on the outside, of the vessel's transom, not covering the vessel HIN number.

(5)

Failure to display a current waterway permit is a violation of this bylaw.

(6)

Nonpayment of waterways or mooring fees shall be a violation of this bylaw and may result in fines and/or the removal of vessels. All costs incurred shall be the responsibility of the vessel owner.

(7)

Dinghies tied to the Town floats shall not exceed 12 feet in overall length, except by special permit issued by the Harbormaster.

Individual mooring permits.

Annual permit required; applications.

No person shall establish or maintain a mooring or float (including temporary floats) within the waters of Salisbury harbor without first obtaining an annual mooring permit from the Harbormaster. Applications for mooring permits may be submitted to the Harbormaster after January 1 of any calendar year and shall contain such information as prescribed by the Harbormaster. Applications may be obtained from the Harbormaster.

Floats, rafts, and mooring of boats held by anchors or bottom mooring installed without permission from the Harbormaster shall be considered a public nuisance and may be removed by the Harbormaster at the expense of the owner in the event he/she fails to remove same after notice from the Harbormaster. For the purpose of this section, "temporary" shall mean not longer than to the end of any given calendar year.

No permit shall be issued without prior payment of all appropriate fees by the applicant, including, but not limited to, prior years' waterways fees, mooring fees, and boat excise tax if applicable.[1]

[1]

Editor’s Note: Former Subsection B(1)(d), regarding dinghies tied to the Town floats, which immediately followed this subsection, was repealed 5-15-2017 ATM by Art. 16. See now § 102-18G(1).

Issuance; waiting list.

Permits will be denied if the Harbormaster determines that the mooring will constitute a hazard to navigation, will not conform to the requirements of these regulations, or will otherwise not conform to the requirements of law or rights of the public. Permits will be issued for one calendar year only.

Individual mooring permits are not transferable.

Upon issuance of a permit, the Harbormaster will assess a mooring location and specify the marking and number.

The Harbormaster will keep a chart available for public inspection at the Town Hall which clearly indicates the mooring areas permitted.

(e)

The Harbormaster shall keep a waiting list of boaters requesting available space and shall not discriminate against any person based upon race, religion, sex or other legal distinction. Continuation on a waiting list requires annual payment of a wait list fee to be qualified for selection. Priority for the issue of permits to persons on the waiting list will be to qualified boaters in this order: date of application and assignment to the waiting list, and subject to the size and type of boat related to the space available. Copies of the up-to-date waiting list must be made available to the public by the Harbormaster upon request.

[Amended 5-18-2009 ATM by Art. 23; 5-15-2017 ATM by Art. 16]

Group mooring permits.

In lieu of obtaining individual permits, boating clubs or other organizations, such as yacht clubs and marinas, may apply annually to the Harbormaster for a group mooring permit for a specified mooring area.

Commercial and group permits may be transferred with the approval of the Harbormaster and such approval shall not be unreasonably withheld, provided that the Harbormaster shall find the transfer in the public interest.

The facilities of any marina located within the Town shall be available for use by the general boating public, providing they abide by the marina's fee structure and all lawful regulations of the marina.

(4)

The maximum term of any contract or agreement relating to slip facilities shall not continue beyond December 31 of any year of issue.

(5)

Group permit/marinas or slip owners shall provide to the Harbormaster a list of the renters of moorings and/or slips to include name, address, and telephone number of the owner, name of the vessel, registration or documentation numbers, length overall, year of manufacture, private and business address and phone numbers of renters by May 1 and August 1 of each year. The Harbormaster shall send a copy of this list to the Town Assessors to ensure imposition of the boat excise tax.

[Amended 5-15-2017 ATM by Art. 16[2]]

[2]

Editor's Note: This article also repealed former Subsection C(6), regarding vessel owners at slips or moorings who have not paid their boat taxes, which immediately followed this subsection.

Guest moorings. The Harbormaster will designate mooring sites to be used by transient guests. The length of stay shall be limited to 72 hours. Extensions shall be at the discretion of the Harbormaster. The fee shall be as outlined in § 102-12.

Forfeiture of permit; abandoned mooring tackle.

A permittee may relinquish his permit at any time upon notification to the Harbormaster. Any mooring tackle not removed within 30 days after receipt of such notification shall be considered abandoned and may be removed pursuant to Subsection E(3) below.

A permittee may be deemed to have forfeited his/her permit by reason of any of the following not corrected within 48 hours:

Locating the mooring at a place other than that specified on the permit.

Failure to pay annual mooring fee or excise tax when due.

Failure to repair or replace a mooring within 30 days after being advised, by the Harbormaster, that the mooring is defective or within such lesser time as specified by the Harbormaster if circumstances should require.

Failure to otherwise comply with the terms, conditions or restrictions placed on the permit by the Harbormaster. Upon written notification of forfeiture by the Harbormaster, the permittee shall remove or otherwise dispose of the mooring.

Any abandoned or forfeited mooring, or any mooring installed in the waters of Salisbury harbor without the permission from the Harbormaster, shall be considered a public nuisance and may be removed by the Harbormaster at the expense of the owner in the event he fails to remove same within 48 hours after notice in writing from the Harbormaster. The notice shall be secured to the mooring and mailed to the owner's address as given in the owner's mooring permit application, if available.

Installation and inspections.

General regulations for placement of moorings, floats and other structures.

Setbacks. All structures shall be set back a minimum of 25 feet from the projected property line to provide a swing area unless a lesser setback is mutually agreed upon by the adjacent property owner and submitted, in writing, to the Harbor Commission for approval. All structures shall be set back a minimum of 30 feet from a federal channel, navigable channel or fairways.

[Amended 5-15-2017 ATM by Art. 16]

Structures requiring an Army Corps of Engineers general permit. All structures requiring a general permit from the Army Corps of Engineers (including boats) shall project not more than 200 feet into the Merrimack River from the shore (to be measured perpendicular from the mean high-water mark of the outermost portion of the property). In certain geographic locations, constraints posed by narrowness or shallowness of the channel and/or severity of the current may not allow the project to extend the full 200 feet into the river. The Harbor Commission shall review for approval all general permits on a case-by-case basis. Holders of Army Corps of Engineers/MGL c. 91 permits shall provide a copy of said permit to the Harbormaster within 10 working days of written notification.

Structures requiring individual permit from the Army Corps of Engineers. All structures requiring an individual permit from the Army Corps of Engineers will be reviewed for approval on a case-by-case basis by the Harbor Commission to determine maximum projections into the river. The setback between structures shall be as required in Subsection F(1)(a) above.

Moorings/dockage specifications and inspections.

Mooring specifications. The suitability of mooring tackle for a particular installation will be judged on a case-by-case basis with reference to the standard set forth in the most recent edition of Chapman's "Piloting and Seamanship."

Owner inspections. Each permittee shall inspect or shall cause his/her mooring to be inspected each season. Winter logs or metal kegs shall not be used in the harbor.

Harbormaster inspections. All moorings are subject to Harbormaster inspections at any time. No notice is required for underwater inspections. Notice of at least five working days will be given if a mooring is to be hauled for inspections. Mooring installations found to be defective will be subject to loss of mooring permit if not corrected within the time specified by the Harbormaster. The maximum time allowed shall be 48 hours. All costs incurred shall be the responsibility of the mooring permit holder.

All mooring buoys shall be white with a blue stripe, as designated by the Harbormaster, and marked with the mooring number assigned.

Mooring float systems.

Mooring float systems shall be stand-alone floats not connected to the shore.

Floats shall be six to eight feet wide and no more than 20 feet long unless otherwise approved by the Harbormaster.

[Amended 5-18-2009 ATM by Art. 23]

Commercial mooring float systems controlled by marinas and commercial operators shall be approved by the Harbormaster prior to installation and shall not exceed 40 feet in length.

[Amended 5-15-2017 ATM by Art. 16]

All new float flotation shall be polyethylene tanks filled with contained flotation material to prevent contamination of the estuary environment.

(e)

[3]Floats must be stable and safe for walking.

[3]

Editor's Note: Former Subsection F(4) through (11) was redesignated as Subsection F(3)(e) through (l), respectively, 5-18-2009 ATM by Art. 23.

(f)

Floats shall, at all times, be kept free of appurtenances.

(g)

Mooring tackle shall be a minimum of one-half-inch galvanized chain, bottom anchored at two points, fore and aft.

(h)

Mooring chain length shall be 15 feet plus the length of the depth of the water at mean high tide.

(i)

Floats shall be used for dockage only. Storage of fishing gear, materials, or any other objects shall not be allowed.

[Amended 5-18-2009 ATM by Art. 23]

(j)

No more than two boats shall be moored to a single mooring float system without Harbormaster permission.

[Amended 5-18-2009 ATM by Art. 23]

(k)

No deep draft boats shall be allowed to moor at mooring floats without written permission from the Harbormaster.

[Amended 5-18-2009 ATM by Art. 23; 5-15-2017 ATM by Art. 16]

(l)

All mooring float systems shall be approved by the Harbormaster prior to installation.

Town Dock.

[Added 5-15-2017 ATM by Art. 16[4]]

Dinghies tied to the Town floats shall not exceed 12 feet in overall length, except by special permit issued by the Harbormaster.

Transient tie-up at/to Town floats is limited to 15 minutes.