[HISTORY: Adopted by the Annual Town Meeting of the Town of Marshfield 4-27-2008 by Art. 33 (Art. 32 of the General Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Seawalls — See Ch. 217.
Shellfish — See Ch. 226.
Marina and boating facilities — See Ch. 630.
[Amended 4-24-2017 ATM by Art. 10]
The purpose of this bylaw is to protect, preserve, and promote the public's rights to safe and pleasurable use of the navigable waterways and aid and assist the commercial fleet located within the Town of Marshfield.
As used in this bylaw, the following terms shall have the meanings indicated:
CAPTAIN OF THE PORT
The Chief of Police of the Town of Marshfield.
COMMERCIAL VESSEL
Any vessel which is used to harvest fish or shellfish for purposes of sale, to carry passengers for hire or for mooring or scuba related business.
FAIRWAY
A defined area, as shown on official navigational charts, used continually for unobstructed vessel access to and from moorings, launching and shoreside facilities for the safety and convenience of the boating public.
GROUND TACKLE
The mooring block, float, buoys, chain, swivel and pennant which are the property of the vessel owner.
HARBORMASTER
The Harbormaster and all Assistant Harbormasters as defined in MGL c. 102 duly appointed by the Select Board, Town of Marshfield, Massachusetts. The recommendation of the Captain of the Port shall be considered by the Select Board in making such appointments.
[Amended 10-18-2021 STM by Art. 32]
HOUSEBOAT
Any boat/vessel designed primarily for human habitation, dwelling or entertaining and which is not motorized. Some houseboats may also be known as a shanty boat.
[Added 11-4-2013 STM by Art. 6]
MARINA
A location of safe refuge, moorage, slippage, storage or anchorage for five or more vessels, which may supply provisions, marine supplies or chandlery, or at which these may be obtained, and at which a fee may be charged for the use of these facilities and/or services, to include any and all wharfs, piers, pilings, dolphins, floats (fixed or portable), or any boat facilities either private or public used for the keeping of any vessels over five in number. This definition shall include municipal boating facilities, piers and moorings.
[Amended 4-24-2017 ATM by Art. 10]
MARSHFIELD WATERWAYS COMMITTEE
A seven-member with two associate members advisory board appointed by the Select Board to protect and preserve the public's rights of the use and enjoyment of the Town's waterways, to protect the natural resources along and in the waterways and to promote safe navigation within the Town's waterways.
[Amended 10-16-2017 STM by Art. 20; 10-18-2021 STM by Art. 32]
MOORING
Space where ground tackle is located, or place where a buoyant vessel, lobster car, raft, float or dock is secured with mooring tackle.
[Amended 4-24-2017 ATM by Art. 10]
SKIN DIVER
Swimmers using fins and/or masks or snorkel tubes or self-contained underwater breathing devices.
VESSEL
All boats, including every description of motorized watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation.
WATERWAYS OF THE TOWN OF MARSHFIELD
The navigable waters within the Town of Marshfield north from the line of boundaries of the Town of Duxbury to the line of boundaries of the Town of Scituate, to the geographical seaward boundaries of the Town of Marshfield. The waterways of the Town of Marshfield shall include, without limitation:
A. 
GREEN HARBOR BASINThe waters of the Town of Marshfield from the seaward most limit of the southwest jetty continuing upstream of the Green Harbor River to include all navigable rivers, creeks and tributaries, including all waters subject to the ebb and flow of the tides twice in 24 hours.
B. 
NORTH RIVERThat portion of the river within the boundaries of the Town of Marshfield to the geographical center of the river and all navigable rivers, creeks and tributaries pertaining thereto, including all waters subject to the ebb and flow of the tides twice in 24 hours.
C. 
SOUTH RIVERThat portion of the river within the boundaries of the Town of Marshfield to the geographical center of the river and all navigable rivers, creeks and tributaries pertaining thereto, including all waters subject to the ebb and flow of the tides twice in 24 hours.
D. 
MASSACHUSETTS BAYThat portion of Massachusetts Bay contiguous to the Town of Marshfield from the mean high-water line to the seaward jurisdictional limits of the Town.
[Amended 4-24-2017 ATM by Art. 10]
A. 
Ground tackle specifications including mooring block specifications, chain sizes, pennants and mooring float and buoy requirements shall be established by the Harbormaster.
B. 
Ground tackle not marked as called for by this regulation shall be removed after notice by certified mail by the Harbormaster. The mooring location may be forfeited and reassigned according to current regulations.
A. 
No ground tackle, after being set on bottom, shall be removed or in any way changed or sold without advance approval of the Harbormaster.
B. 
The care, maintenance and registration of all ground tackle is the responsibility of the owner. All mooring inspections shall be performed by a certified mooring service company on file with the Harbormaster's office. Mooring inspections will be conducted every three years. Mooring tackle and blocks shall be removed from Marshfield waterways and disposed of if found to be in unserviceable condition. Moorings not inspected within the assigned inspection year will be revoked.
C. 
Inspection of all ground tackle shall be done at owner's expense and logged at the Harbormaster's office. The Harbormaster is authorized to remove any ground tackle at reasonable times for inspection. Mooring tackle, docks, floats, and rafts shall not be placed in Marshfield waterways without prior approval of the Harbormaster and should not impede safe navigation. The Harbormaster shall establish regulations and specifications for inspection of ground tackle.
[Amended 4-24-2017 ATM by Art. 10]
A. 
All moorings shall be registered with the Harbormaster each year. The due date for mooring fees shall be set at 30 days from date of issuance. All applicable fees and taxes owed to the Town shall be paid before registration is issued. Mooring fees are established by the Harbormaster and approved by the Select Board. Failure to pay the mooring fee may result in forfeiture of the mooring after notice by certified mail.
[Amended 10-18-2021 STM by Art. 32]
B. 
An annual mooring waitlist shall be compiled and kept at the Harbormaster's office. It is available to the public to review on request. Mooring permits will be granted by the Harbormaster in order of application date as suitable locations become available, based on commercial or recreational boating. Persons without a mooring shall have priority. Mooring waitlist fees are established by the Harbormaster and approved by the Select Board. Persons on the waitlist shall reapply annually between April 15 and June 30 of each calendar year. Renewals must be in person, or by an online system established by the Harbormaster. If an applicant on the waitlist refuses a mooring location, the applicant will not lose their place on the mooring waitlist.
[Amended 4-24-2017 ATM by Art. 10; 4-22-2019 ATM by Art. 12; 10-18-2021 STM by Art. 32]
C. 
A mooring permit owner may not exchange his/her mooring location with another mooring permit owner without permission of the Harbormaster. A mooring permit is not transferable except to the permit holder's spouse or next of kin.
D. 
Each mooring permit holder shall place his/her registered vessel on the assigned mooring for a minimum of 30 days each twelve-month mooring fee billing period. Otherwise, the mooring is deemed abandoned and shall be forfeited. A mooring permit holder may apply for a one-year grace period to retain his/her designated mooring if he/she has sold the registered boat and is purchasing a replacement vessel, or if his/her current vessel has suffered a mechanical failure sufficient to require removal from the water for repairs, or for other extenuating circumstances approved by the Harbormaster. Prior written notification must be given to the Harbormaster.
E. 
The payment of a mooring fee only gives the mooring permit holder the use of a specific location. Permit holders are prohibited from increasing the size of the vessel on the assigned mooring without advance approval of the Harbormaster. Mooring locations are subject to change at the discretion of the Harbormaster.
F. 
Mooring servicing companies shall be registered and approved each year with the Harbormaster's office.
[Amended 4-24-2017 ATM by Art. 10]
G. 
All operators of vessels on moorings secured fore and aft will moor their vessels fore and aft at all times to prevent the vessel from swinging with the change of tides. Mooring locations may be designated fore and aft by the Harbormaster only when deemed a hazard to navigation.
[Amended 4-24-2017 ATM by Art. 10]
H. 
No vessel or other party may use a mooring other than the owner and vessel originally assigned by registration and on file at the Harbormaster's office except with the permission of the Harbormaster.
I. 
No mooring pennants attached to a float will be longer than prescribed by mooring regulations available at the Harbormaster's office or without the express permission of the Harbormaster.
J. 
The type of pennant may be changed by using a substitute of equal or greater strength by permission of the Harbormaster.
K. 
The mooring chain and pennant may be increased in diameter but may not be increased in length except by permission of the Harbormaster.
L. 
No ground tackle shall have more than one vessel attached. No permanent rafting of vessels shall be allowed on one ground tackle other than the vessel's tender except with the permission of the Harbormaster.
M. 
Any ground tackle owner in violation of the above regulations will have his/her ground tackle removed at his/her expense per order of the Harbormaster and lose his/her mooring.
N. 
Mooring holders may elect to replace mooring buoys with winter logs after September 15. Winter mooring gear shall be removed by June 1 and replaced with appropriate mooring tackle. Winter logs not removed after June 1 will be considered a hazard to navigation and removed by the Harbormaster or his designee. Winter logs removed will not be replaced with a floating buoy. Mooring holders electing to use winter logs shall have the log painted white with a two-inch blue stripe near the top and also be identified by mooring number. Typically winter logs are four feet in length.
O. 
The number of commercial vessel moorings available shall not be any less than exist as of June 30, 1991.
A. 
No vessel except emergency vessels shall be operated within the limits of the Green Harbor Basin and North and South Rivers at a speed in excess of six knots or cause a disturbing wake.
B. 
No person shall scuba dive or snorkel in Green Harbor or any Town navigable fairway without permission of the Harbormaster's office. The use of all public piers, floats and Town-owned boat launching ramps by swimmers is hereby prohibited. Swimming in any fairway is also prohibited.
[Amended 4-24-2017 ATM by Art. 10]
C. 
Use of jet skis, water bikes or similar crafts on the North or South River or within 300 feet of Marshfield beaches is prohibited.
D. 
Tying up of skiffs to a Town pier or float is prohibited except by permit and at a designated location provided for by the Harbormaster. All skiffs without a permit will be removed at the owner's expense after due notice by certified mail. Skiff fees and skiff regulations are established by the Harbormaster and approved by the Select Board.
[Amended 10-18-2021 STM by Art. 32]
E. 
Town floats or piers shall not be used for storage of fishing gear, nets, lobster traps or any other materials except during actual loading or unloading of vessels. Ramps and walkways shall be kept clear at all times. After 24 hours and after an attempt to notify the owner, equipment stored in violation of this section will be considered abandoned. It shall be removed and stored at the owner's expense per order of the Harbormaster.
F. 
Vessels with moorings in waterways of the Town of Marshfield shall not use Town floats for overnight tie-up. This regulation does not preclude the use of floats for service work on vessels with the permission of the Harbormaster. Transient vessels may be given permission by the Harbormaster to use Town floats or Town moorings for overnight tie-up. Tie-up fees are established by the Harbormaster and approved by the Select Board. The Town is not responsible for any loss or damage to boats at Town piers, dock or floats. Owners will be held responsible for damage to structures and pilings owned by the Town.
[Amended 10-18-2021 STM by Art. 32]
G. 
Fishing from Town piers, floats and Town-owned boat launching ramps is prohibited from May 1 to October 1 except with permission from the Harbormaster. No person shall set fishing gear or traps in navigable fairways, channels, or basins upon the North and South Rivers and Green Harbor.
[Amended 4-24-2017 ATM by Art. 10]
H. 
The cleaning and gutting of fish on the Town piers, floats or Town-owned boat launching ramp is prohibited. If any fish are cleaned or gutted aboard vessels tied up to the Town piers or floats, the waste shall be stored in a suitable container for proper disposal.
I. 
Minor children shall not be allowed the use of Town floats, piers or launch ramps without adult supervision.
J. 
Bicycles, roller skates, skateboards and motor-driven vehicles (mopeds, motorcycles) shall not be driven on the Town piers, floats or Town-owned boat launch ramps.
K. 
The Town floats from the south side of the Town launch ramp of the Town pier may be used only for the pickup and discharge of passengers and gear for the time limits set by the Harbormaster.
L. 
The Town floats from the north side of the Town launch ramp of the Town pier are reserved for commercial vessels only for the time limit set by the Harbormaster.
M. 
The Harbormaster shall have the responsibility for maintaining the public safety on the piers, floats, launch and parking areas, walkways and the waterways of the Town of Marshfield. This shall include the safe placement of all floating structures or vessels. The Harbormaster is authorized to remove all such structures or vessels that he deems a hazard to navigation or otherwise in violation of any bylaws, rules, or regulations in the waterways of the Town. The Harbormaster is authorized to make regulations for the efficient operation of Marshfield waterways with the approval of the Select Board.
[Amended 10-18-2021 STM by Art. 32]
N. 
No vessel greater than 50 feet in length without a Marshfield mooring shall tie up to the Town piers or floats at any time without the permission of the Harbormaster. No vessel shall impair normal vessel traffic while tied to a Town pier, float, rack, pile, mooring, camel or dolphin in the waters of the Town.
O. 
No trailered vessel shall be launched from any Town pier or launch ramp without the person launching the vessel having obtained a launch permit from the Harbormaster. Skiffs with a valid skiff permit are considered to have a launch permit. Launch ramp fees are established by the Harbormaster and approved by the Select Board. Any person found launching a trailered vessel without a permit shall be fined not more than $50 for each violation.
[Amended 11-4-2013 STM by Art. 6; 4-24-2017 ATM by Art. 10; 10-18-2021 STM by Art. 32]
P. 
Pollution of the waterways of Marshfield is prohibited. Prohibited activities include discharging of untreated sewage, rubbish, refuse, dead fish or fish carcasses/bait and hazardous waste (gas, oil, antifreeze, etc.). Abandoned or derelict boats, floats, docks and motors are prohibited on the piers, docks, and waterways of Marshfield.
Q. 
The Select Board are instructed and authorized to control, regulate or prohibit the taking of eels, shellfish, and sea worms within the Town of Marshfield, in accordance with MGL c. 130, § 52. The Harbormaster shall be designated Shellfish Warden and may appoint assistant shellfish wardens and establish regulations and fees for taking of shellfish. The Select Board are instructed and authorized to control, regulate or prohibit the taking of herring within the Town of Marshfield, in accordance with MGL c. 130, § 95.
[Amended 10-18-2021 STM by Art. 32]
R. 
Houseboats are prohibited from mooring or anchoring within Town waters, except at marinas which provide the following:
[Added 11-4-2013 STM by Art. 6]
(1) 
A permanent float, dock or slip from which the houseboat may be directly accessed from land;
(2) 
A sewer connection to a public sewage system or sewage pumpout, i.e., tight tank system;
(3) 
All all-weather supply of electricity year round;
(4) 
A connection to a public water supply by means of an individual anti-backflow valve; and
(5) 
Compliance with all applicable Town bylaws and safety requirements.
S. 
All privately operated marinas, clubs and individual vessel owners that house, moor, store vessels on docks, slips, wharfs, or moorings shall, upon written request of the Harbormaster or Assessors office staff, provide a list and vessel description of all registered or documented vessels in the Town of Marshfield within 10 business days. The list can be delivered in hand, electronically or by certified mail.
[Added 4-22-2019 ATM by Art. 12]
A. 
All vessels with a tuna pulpit that measures more than five feet in length, measured from the bow stem forward, must be able to raise it from a lowered position to an upright position when tying up to the Town pier or floats. Any vessel moored in a specially designated area must show a flashing yellow light on the pulpit when in the down position from dusk to dawn. This safety regulation also applies to the mooring areas. Failure to comply will be grounds to deny the vessel use of the waters of the Town.
B. 
No person shall operate a vessel in Green Harbor or North or South River of the Town while towing water skiers, aquaplanes or other similar devices except in connection with water carnivals and exhibitions authorized by the Captain of the Port in an area designated by the Select Board and with permission of the Harbormaster.
[Amended 10-18-2021 STM by Art. 32]
C. 
No person shall operate, or cause to allow to be operated, a vessel powered by machinery within 300 feet of any swimmer.
D. 
Motorboats shall not be operated within 300 feet of a public bathing beach unless operating in an area designated by the Harbormaster.
E. 
The designated boat lane on Green Harbor Beach shall be the place to operate or anchor a vessel powered by machinery.
F. 
Sailing vessels underway in Green Harbor with no other means of propulsion shall not navigate through a mooring field unless heading to dock, berth or sea.
G. 
Barges, sectional barges, dump scows, dredges, crane barges, large tugs shall not be moored, anchored in Marshfield waterways without prior approval of the Captain of the Port or Harbormaster. A fee schedule shall be established for marine equipment moored in Marshfield waterways and approved by the Select Board. All fees associated with marine-related equipment and work are the responsibility of the applicant, petitioner and/or facility owner or homeowner. These fees may also be assessed as part of any Conservation Commission order of conditions (OOC) or determination of applicability (DOA) with special conditions. All fees collected shall be deposited into the Waterways Fund.
[Added 10-26-2015 STM by Art. 7; amended 4-22-2019 ATM by Art. 12; 10-18-2021 STM by Art. 32]
H. 
Residents or contractors conducting private pier, dock, wharf, dredging or marine work shall notify the Harbormaster two weeks prior to, or sooner to arrange for proper mooring/dockage. All privately conducted work shall accompany a work time, completion date and safety/emergency plan. Idle equipment shall not be moored in Marshfield waters and will be subject to removal at the owner's expense.
[Added 10-26-2015 STM by Art. 7]
Decisions of the Harbormaster that do not involve bylaw violations and/or criminal matters may be appealed to the Captain of the Port within seven days via certified receipt. The Captain of the Port will respond in writing within 10 days of such appeal. The Waterways Committee shall be informed of appeals and findings.
[Amended 11-4-2013 STM by Art. 6; 4-24-2017 ATM by Art. 10]
Except where otherwise provided, any person who violates any provision of this bylaw, the Harbormaster's regulations and/or any shellfish regulations (set forth in Chapter 226 of the General Bylaws) shall be punished by a fine of $150 for the first offense (with the exception of illegal taking of shellfish which shall be a fine of not more than $300 per each offense), $250 for the second offense and $300 for a third or subsequent offense. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. This bylaw may be enforced by the Harbormaster, Shellfish Constables/Wardens and/or police officers.
In the event that any provision, section or clause of this bylaw is hereinafter judicially found to be invalid, such invalidity shall not affect the validity of the remaining portions of the rules and regulations.