[Code 1969, § 2-96; Ord. No. 173, 7-16-1985; Ord. No. 180, 10-1-1985]
(a) 
There shall be a harbor management commission which shall consist of a total of seven members, five regular members and two alternates, who must be electors and residents of the town. These members shall be appointed by the town council. The harbor master shall serve as an ex-officio member of the commission, without vote.
(b) 
No member of the harbor management commission shall receive compensation for service, but may be reimbursed for any necessary expenses.
[Code 1969, § 2-97; Ord. No. 173, 7-16-1985]
(a) 
The terms of all members shall run for three years except that the initial term shall be staggered so that terms of not more than three members shall terminate in any single year. If a member shall terminate for any reason, in advance of his term, a replacement shall be appointed, within two months of termination, by the town council to complete his term.
(b) 
The commission shall elect a chairperson. The commission can form subcommittees to address specific duties of the commission. The commission shall also elect a secretary, who shall serve at the discretion of the chairperson.
[Code 1969, § 2-98; Ord. No. 173, 7-16-1985]
The harbor management commission shall have jurisdiction within the area of navigable waters below mean high water within territorial limits of the town and bounded by the projection of the boundary line of neighboring municipalities, as delimited by the following harbor areas:
(1) 
Noank Harbor: Lower Mystic River, West Cove, Palmer's Cove, and Beebe Cove as shown in the adopted Noank Harbor Plan.
(2) 
Other harbor waters defined by future adopted harbor management plans.
[Code 1969, § 2-99; Ord. No. 173, 7-16-1985]
The harbor management commission shall have such other powers, duties and responsibilities as provided by the state statute including the power and responsibility:
(1) 
To prepare a harbor management plan for the harbor in accordance with C.G.S. §§ 22a-113m through 22a-113o.
(2) 
To review the harbor management plan annually and make any additions and/or modifications to the plan that may be deemed appropriate subject to the process set forth in C.G.S. §§ 22a-113m through 22a-113o or other subsequent harbor management legislation enacted by the state legislature.
(3) 
To propose ordinances and regulations to implement the harbor management plan in accordance with the procedures for adoption found in the town Charter, and to specify fines for violation of those ordinances and regulations.
(4) 
To assist the harbor master in the assignment of moorings, the management of mooring and anchorage areas and the collection of mooring fees after a local mooring fee system is established by regulations.
(5) 
To prepare an operating budget for the commission, to be approved by the town council, using funds from sources which may include, but are not limited to, local appropriations, mooring fees, violation fines, or a harbor management fund established by local ordinance. Any fee collected under this article shall be used for the maintenance and improvement of the harbor for the public and for expenses for personnel and equipment directly related to the function of the commission and harbor master.
(6) 
To assist in the coordination of all public and private agencies, commissions and other organizations which provide service to other facilities based upon the use of the harbor and water of the town.
(7) 
To review and make recommendations on proposed land and water use activities along the waterfront and within the waters of the jurisdiction described in section 2-163 that are received for review by other municipal agencies in accordance with the procedure described in section 2-165.
(8) 
To review for consistency with the harbor management plan, any public notice of an application for a state or federal permit for an activity taking place within the commission's jurisdiction as described in section 2-163, and to respond with recommendations to the regulating agencies.
(9) 
To conduct or cause to be conducted studies of the conditions and operations in and out of town waters and to present to the town council proposals for the harbor's efficient operations.
(10) 
When appropriate, to request a general permit from the United States Army Corps of Engineers and/or delegation of enforcement authority pursuant to C.G.S. § 22a-2a.
(11) 
To hire staff and/or consultants in conjunction with performance of the above duties, powers and responsibilities.
[Code 1969, § 2-100; Ord. No. 173, 7-16-1985; amended 11-8-2017 by Ord. No. 286]
(a) 
Pursuant to C.G.S. § 22a-113p, the commission shall review and make recommendations, consistent with the harbor management plan, on any proposal affecting the real property on, in or contiguous to the harbor that is received by the planning and zoning commission, zoning board of appeals, historic district commission, flood and erosion control board, water pollution control authority, shellfish commission and any special district with zoning or other land use authority. The harbor management commission shall be notified in writing of any such proposal at least 35 days prior to the commencement of the hearing thereon or where no hearing is held, at least 35 days prior to the taking of any final action on the proposal. The respective municipal agency shall send a copy of the application/proposal to the commission upon request.
(b) 
The respective municipal agency authorized to act on the proposal shall consider the recommendations of the commission. A two-thirds vote of all the members of the agency having authority to act on the proposal shall be required to approve a proposal which has not received favorable recommendation from the commission, provided that the provisions of this section shall not be deemed to alter the authority of the agency having primary jurisdiction over the proposal to deny, modify or condition the proposal. Failure of the commission to submit a recommendation shall be deemed to be approval of the proposal.