[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:
ARC OF SWING
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.
BOARD
The Public Landings and Facilities Board.
CRITICAL AREAS
Any area designated by the Director as not suitable for mooring structures due to conditions such as navigational hazard and overcrowding.
DEPARTMENT
The Kent County Department of Public Works.
DERELICT BOAT
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.
DESIGNATED AREA
An area within the immediate vicinity of a public landing established by the Department and subject to its jurisdiction.
DIRECTOR
The Director of Public Works or his designee.
EXTENDED PROPERTY LINE
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.
GROUP MOORINGS
More than two moorings established by a person, corporation, association or other legal entity for the purpose of mooring more than two vessels.
MOORING
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.
MOORING FIELD
An area for the location of moorings designated by the Director and regulated by the County Commissioners pursuant to this chapter.
MOORING STRUCTURE
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.
PERSON
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.
PUBLIC LANDING
Any landing which has been established as a public landing under § 68.5.
RIPARIAN PROPERTY OWNER
A person possessing riparian rights, specifically including the right to gain access to tidal water.
SEASONAL MOORING
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.
STRUCTURE
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.
SUNKEN VESSEL
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.
TIDAL WATERS
Those waters of the state affected by the ebb and flow of the tide.
TRANSIENT MOORING
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.
(8) 
No person may act in violation of the regulations adopted by the County Commissioners pursuant to § 68-4 of this chapter.
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.
K. 
There is safe off-street parking for vehicles and equipment at the land-related facility or site for vehicles, boat trailers and dinghies, and it meets the requirements of Article 7 of the Kent County Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 222, Zoning.
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.
C. 
If the owner has not complied with the provisions of Subsection A or B of this section, the Department may remove the structure and boat so anchored at the expense of the owner.
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.
A. 
Any boat or mooring removed under the provisions of § 68-11 may be reclaimed after all costs have been paid.
B. 
Boats and/or moorings held under the provisions of § 68-11 for more than six months shall be treated as abandoned.
[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.