[HISTORY: Adopted by the County Commissioners
of Kent County 4-3-1990 as Ch. 7, Arts. II and III, of the 1989 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Water and sewers — See Ch. 161.
[Amended 12-6-1994 by Bill No. 6-94; 9-21-1999 by Bill No.
4-99; 5-3-2011 by Bill No. 2-2011]
In this chapter, the following words have the
meanings indicated:
The circumference of the circle the radius of which is formed
by the mooring line, the length of the boat and any slack in the anchor
chain.
The Public Landings and Facilities Board.
Any area designated by the Director as not suitable for mooring
structures due to conditions such as navigational hazard and overcrowding.
The Kent County Department of Public Works.
Any vessel which has been sunk or abandoned at or near a
public landing or designated area for more than 15 days or is defined
as an abandoned vessel under the provisions of Natural Resources Article
§ 8-721 of the Annotated Code of Maryland.
An area within the immediate vicinity of a public landing
established by the Department and subject to its jurisdiction.
The Director of Public Works or his designee.
The dividing line between the adjoining riparian properties
which extends from the shore. Such line is established according to
the following procedure: From the point of junction of the properties
and the water, a straight line shall be projected along the shore
of each of the properties for a distance of 200 yards. The lines shall
be drawn to follow the general contour of the shore. From the point
of junction, a line shall be projected over the water bisecting the
angle between the two straight lines laid along the shorelines of
the respective properties.
More than two moorings established by a person, corporation,
association or other legal entity for the purpose of mooring more
than two vessels.
A buoy, piling, stake or other apparatus used to secure,
berth or moor vessels in the waters of the state. It does not include
fixed piers connected to the shore or accessory structures directly
related thereto that are subject to separate state approval procedures.
An area for the location of moorings designated by the Director
and regulated by the County Commissioners pursuant to this chapter.
A device or system incorporating one or more pilings or mooring
tackle secured to the bottom of a body of water and intended for mooring
a vessel for substantial duration.
Includes all persons, firms and corporations and shall also
include the registered owner of any boat or vessel as well as those
persons who are in possession of the vessel or boat.
Any landing which has been established as a public landing
under § 68.5.
A person possessing riparian rights, specifically including
the right to gain access to tidal water.
A mooring owned by Kent County located in a mooring field
that is rented, leased, or otherwise available for use by the public
on an annual basis pursuant to the regulations enacted in accordance
with this chapter.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attachment to something
having a permanent location on the ground, including, but without
limiting the generality of the foregoing, trailers or mobile homes,
signs, swimming pools, fences, backstops for tennis courts and pergolas,
mooring buoys, pilings or stakes.
A vessel that is submerged below the surface of the water,
or full of water, or resting on the bottom of the waterway and not
able to float without being pumped or repaired.
Those waters of the state affected by the ebb and flow of
the tide.
A mooring owned by Kent County located in a mooring field
that is rented, leased, or otherwise available for use by the public
on a short-term basis of no more than 24 hours pursuant to the regulations
enacted in accordance with this chapter.
[Amended 12-6-1994 by Bill No. 6-94; 5-3-2011 by Bill No.
2-2011]
A.
This chapter
has been established for the purpose of guiding and accomplishing
the coordination and harmonious development and regulation of all
publicly owned marine facilities, including landings, docks, piers,
bulkheads, dredging and ramps, and public and private moorings and
derelict boats of the unincorporated territory and water of Kent County,
Maryland, in order to promote, in accordance with present and future
needs, the health, safety, morals, order, convenience, prosperity
and general welfare of the citizens of the county. In the accomplishment
of this purpose, this chapter as herein established provides for,
among other things, the creation of a Public Landings and Facilities
Board.
B.
This chapter
provides for the installation and management of mooring fields as
a method of addressing additional options for recreational boating
access. The mooring fields shall be managed so as to eliminate abandoned
and derelict vessels and provide a safe, secure harbor for transient
and seasonal vessels.
[Amended 5-3-2011 by Bill No. 2-2011]
A.
The County
Commissioners of Kent County may establish a Public Landings and Facilities
Board with the powers and duties as hereinafter specified.
B.
The Board
shall consist of five members who shall be appointed by the County
Commissioners to serve for terms of one, two, three, four and five
years on the original appointment and, for each subsequent appointment,
for a five-year term or until their successors are appointed and have
their positions. A member of the Board of County Commissioners of
Kent County shall be an ex officio member of the Board. From time
to time the members of the Board shall select their Chairperson. Vacancies
among the appointed members shall be filled by the County Commissioners
for the unexpired term upon recommendations from the Board as to such
vacancy. All appointees shall be residents, property owners or registered
voters of Kent County.
C.
The members
of the Board shall receive compensation as designated by the County
Commissioners. The Board of County Commissioners shall pay the proper
and necessary expenses of the Board.
D.
A quorum
of the Board shall be any three members thereof. No action may be
taken and no resolution may be adopted under this section without
the affirmative vote of at least three members of the Board.
E.
The Board
shall have the duty of advising the Director in matters concerning
the regulation of public landings, docks, public and private moorings,
public piers, bulkheads, dredging, ramps and derelict boats and recommending
rules and regulations.
F.
The Board
shall submit to the County Commissioners an annual report of its activities,
together with recommendations for further needs and development of
the county public landings and facilities program. It shall also submit
an annual budget, pursuant to the requirements of law, itemizing the
appropriations necessary for the performance of its functions and
duties.
[Added 5-3-2011 by Bill No. 2-2011[1]]
The County Commissioners shall adopt, by resolution, regulations
concerning mooring fields and the matters set forth in this chapter.
[1]
Editor’s Note: This bill also repealed former §
68-4, Director, as amended.
[Amended 12-6-1994 by Bill No. 6-94; 9-21-1999 by Bill No.
4-99; 5-3-2011 by Bill No. 2-2011]
A.
No vehicle trailer may use the public landings within Kent County
without a permit from the Department; such permit shall be affixed
to the trailer. The fees for the permit shall be set by the County
Commissioners based upon recommendations of the Department and subject
to any approvals required by the State of Maryland Department of Natural
Resources. Any trailer using a public landing in violation of this
section is subject to impoundment until payment of any penalty is
made.
B.
The following activities on public landings or within designated areas, as the case may be, are subject to enforcement and penalties of §§ 68-15 and 68-16 of this chapter:
(1)
No person shall leave equipment or boats at a designated area or
on a public landing for more than 15 days out of any consecutive 30
days unless in accordance with or incidental to the use of a seasonal
mooring pursuant to the regulations enacted in accordance with this
chapter.
(2)
No person may dock in a designated "No Docking" area.
(3)
There shall be no camping, campers or open fires on a public landing.
(4)
No vessel may dock in transient slips for more than 72 consecutive
hours at a public landing.
[Amended 4-8-2015 by
Bill No. 2-2015]
(5)
No vehicles shall be parked on public piers or in a designated no-parking
area.
(6)
No household trash shall be deposited in the containers on public
landings.
(7)
All sunken vessels shall be raised or removed by the owner within
five days of being notified.
C.
All landings shall be closed to the public as posted at the landing.
D.
The proceedings for the establishment, making, altering or closing
and for regulating the use of any public landings in Kent County shall
be in all respects the same as prescribed.
[Amended 5-3-2011 by Bill No. 2-2011]
The County Commissioners of Kent County hereby
delegate to the Director the authority to administer and enforce the
sections pertaining to mooring structures and fields. No mooring structures
and fields shall be permitted in the tidal waters of the state and
located in Kent County except in compliance with this chapter.
[Amended 5-3-2011 by Bill No. 2-2011]
Any person proposing to place, construct or erect a mooring
shall obtain a permit from the Department. Notwithstanding the above,
a permit is not required for a mooring structure placed, constructed,
or erected by the County Commissioners in a mooring field.
[Amended 12-6-1994 by Bill No. 6-94; 7-3-2001 by Bill No. 7-2001; 5-3-2011 by Bill No. 2-2011]
A.
Application for any such permit shall be made to the Director or
his designee, on the forms prepared by the Department, giving full
details and shall include the following information and fees:
(1)
Name and address of the applicant/owner.
(2)
Type and number of moorings.
(3)
Name of body of water where mooring is to be located.
(4)
A suitable reproduction from wetlands map or any other map of the
same scale (one inch equals 200 feet) with GPS coordinates.
[Amended 4-8-2015 by
Bill No. 2-2015]
(5)
Group moorings such as marinas, yacht clubs, community associations
and recreational camps shall pay the initial application fee as set
forth from time to time by the County Commissioners, plus an additional
fee for each requested structure. Mooring registration renewals shall
be submitted every two years prior to December 1 for review by the
Director and renewal of the permit(s) by January 1. Renewal dates
shall be two years from January 1 at the same fee per structure.
(6)
Application for a single mooring structure requires no fee. An application
for more than a single mooring structure shall require an initial
fee as set forth from time to time by the County Commissioners plus
an additional fee for each structure in excess of one. Mooring registration
renewals shall be submitted every two years prior to December 1 for
review by the Director and renewal of the permit(s) by January 1.
Renewal date shall be two years from January 1 at the same fee per
structure.
B.
The mooring registration number shall be displayed on the mooring
in a conspicuous manner.
C.
All mooring structure registrations shall be renewed every two years.
D.
The mooring registration is not transferable.
E.
Any boat or mooring may be reclaimed after any costs have been paid.
F.
Boats and/or moorings held for more than six months shall be treated
as abandoned.
G.
The Director has the authority to apply to the Circuit Court for
injunctive or other equitable relief to have the structure or boat
removed.
[Amended 7-3-2001 by Bill No. 7-2001; 5-3-2011 by Bill No. 2-2011]
A.
The following shall be permitted moorings:
(1)
Not more than two moorings subject to the general conditions set
forth in this section within the extended property lines of private
riparian property. Applications must be by the riparian property owner.
(2)
Moorings located at the county-owned public lands, subject to the
general conditions of this section and provided that such moorings
are located within the extended property lines of the county-owned
property.
(3)
Public boat docks, slips, piers, wharves, anchorages and moorages
for yachts, pleasure boats or for boats for hire carrying passengers
on excursions, sightseeing, pleasure or fishing trips and commercial
fishing boats. All moorings permitted under this subsection shall
be within the extended property lines of the M-Marine Zone property
and shall be permitted subject to the general conditions set forth
in this section.
B.
Additional permitted moorings. The following shall be additional
permitted moorings:
(1)
More than two but not to exceed six moorings located in the R, RR,
R-1 and R-3 and C-1 Districts, subject to the general conditions of
this section and provided that all moorings are located within the
extended property lines of the applicant.
(2)
Group moorings used in connection with permitted marina facilities
and group moorings for yacht clubs, community associations and recreation
camps, subject to the general conditions of this section and provided
that:
(a)
All moorings must be located within the extended property lines
of the applicant, except that moorings in existence prior to July
1, 1980, being used in connection with permitted marina facilities
may be allowed at the discretion of the Board to be outside these
property lines.
(b)
The moorings will not interfere with the access of the adjacent
property owner to the waters of the state. A right-of-way of 100 feet
shall be given from the adjacent property owner's pier to the
channel or center of body of water, using the shortest distance.
(c)
Onshore sanitary and solid waste disposal facilities are available
and meet the standards established by applicable local and state regulations.
(d)
Off-street parking is adequate.
(3)
Moorings located in a designated mooring field that may be established
by the Department and in accordance with such regulations governing
mooring fields as adopted by the County Commissioners.
[Amended 7-3-2001 by Bill No. 7-2001; 5-3-2011 by Bill No. 2-2011]
A.
Moorings may not be established in the following areas:
(1)
Private or public shellfish beds.
(2)
Cable crossing areas.
(3)
Navigational main channels as designated by the United States Coast
Guard.
(4)
Areas designated by the Director as critical areas.
(5)
Public landings, except in areas designated as mooring fields pursuant
to this chapter and for those moorings established prior to July 1,
1980.
B.
Moorings may not be placed in a position such that the are of the
swing extends into a marked or unmarked channel.
C.
Moorings shall be placed in a position such that:
(1)
The area encompassed by the are of the swing does not extend more
than 1/3 of the open-water distance from the mean high-water line
on one shore to the mean high-water line of the opposite shore; and
(2)
The arc of the swing does not impede or obstruct access to the land
of any riparian property owner or the access to and proper use of
any public access point or otherwise hinder the orderly access to
and use of the waterways by the general public.
D.
Moorings are to be marked and maintained in accordance with the United
States Waterway Marking System (USWMS), as approved by the United
States Coast Guard, and such additional requirements as may be imposed
by these regulations.
E.
Mooring buoys shall be anchored with an adequate anchor. All applicants
shall be held liable for any damage resulting from an inadequate mooring
structure.
F.
All mooring structures shall be placed so that the vessels secured
to them shall be a minimum of 45 feet, measured from the stern, to
the next closest structure.
G.
All vessels on moorings in waterfowl-blind areas shall be cleared
of boats during designated waterfowl hunting seasons unless written
permission is given by the riparian property owner.
[Amended 4-8-2015 by
Bill No. 2-2015]
H.
Access to the land-related facilities and the moorings is available
within a reasonable distance and does not involve trespassing.
I.
Onshore sanitary facilities of the riparian owner/operator are available
and accessible to persons using the moorings, and they meet the standards
prescribed by the county for such sanitary facilities.
J.
There are convenient means or facilities for onshore trash and garbage disposal at the related landing facility on site, and they meet the requirements of Chapter 148, Solid Waste.
L.
The mooring registration number shall be displayed on the mooring
in a conspicuous manner.
M.
The mooring registration is not transferable.
[Added 7-3-2001 by Bill No. 7-2001[1]]
A.
All mooring structure registrations shall be renewed
January 1 of even-numbered years (i.e., 2000, 2002, 2004, etc).
B.
In October, prior to the renewal date in January,
a notice shall be published advising of the upcoming renewal of mooring
registrations.
C.
Comments will be accepted on the renewal of commercial
moorings until the 30th of November in the year prior to the renewal
date.
[1]
Editor's Note: This Bill also renumbered former
§§ 68-11 through 68-18 as 68-12 through 68-19, respectively.
[Amended 7-3-2001 by Bill No. 7-2001; 5-3-2011 by Bill No.
2-2011]
A.
Moorings
not registered with the Department shall be marked by a tag and/or
a registered letter shall be sent notifying the owner that within
30 days the mooring must be properly registered or it may be removed
at the owner’s expense. The tag/letter shall state how the mooring
will be registered.
B.
Registered
moorings that are not placed according to the conditions in these
regulations shall be marked by a tag and/or a registered letter shall
be sent notifying the owner that within 30 days the mooring must be
properly placed and the Department notified of the location.
D.
Any mooring
or boat attached to a mooring may be reclaimed after any costs have
been paid.
E.
Moorings
and/or boats attached to moorings held for more than six months shall
be treated as abandoned.
F.
The Director
has the authority to apply to the District or Circuit Court for injunctive
or other equitable relief to have the structure or boat removed.
Any mooring buoys already in place at the promulgation
of these regulations will be permitted to continue for a period of
one year. At the end of the one-year period, all moorings will only
be permitted in compliance with these regulations.
[Amended 5-3-2011 by Bill No. 2-2011]
The County Commissioners of Kent County hereby
authorize the Director to be their agent in the administration and
enforcement of Natural Resources Article §§ 8-721 and
8-722 with respect to abandoned vessels.
It shall be the duty of the Director to enforce
the provisions of this chapter and to refuse to issue any permit for
the use of the facilities mentioned in this chapter which would violate
any of its provisions. The Director shall be deputized as a Deputy
Sheriff by the Sheriff of Kent County and be vested with the authority
to issue summonses for the violations of any provision of this chapter.
[Amended 12-6-1994 by Bill No. 6-94]
Any person who shall violate any of the provisions
of this chapter or fail to comply therewith or with any of the requirements
thereof shall be subject to a civil infraction, punishable by a fine
of not less than $100 nor more than $500, and each such violation
and each day said violation shall be permitted to exist shall constitute
a separate offense.[1]
[1]
Editor's Note: Original Subsections 7-13(c),
(d) and (e), which listed penalties for violations and immediately
followed this section, were deleted 12-6-1994 by Bill No. 6-94.
[Amended 5-3-2011 by Bill No. 2-2011]
A.
The Director has the authority to apply to the District
or Circuit Court for injunctive or other equitable relief to have
the structure or boat removed.
B.
The Director is empowered to bring any action in the
Director’s name to enjoin the violation of any provision of
this chapter in any court of competent jurisdiction.
[Amended 5-3-2011 by Bill No. 2-2011]
Any person aggrieved or any officer, department,
board or bureau of the county affected by any decision of the Director
may file, within 30 days after the decision appealed from, for an
administrative review before the County Commissioners of Kent County.
