The Town of Barnstable mooring regulations have been established in order to provide efficient utilization of harbor areas, to improve the safety of moored vessels, and to provide adequate space for the enjoyment of all the users of the harbors. This shall be done by controlling the placement of moorings, establishing standards for mooring tackle, and by establishing regular, systematic mooring inspections.

As used in this chapter, the following terms shall have the meanings indicated:

All moorings shall meet the minimum standards as set forth below prior to placement. These standards are set for normal weather conditions. In the event of gale winds or stronger and/or extreme tides, it is the mooring owner's responsibility to ensure certain precautions are taken. The Town of Barnstable realizes that mooring loads are variable, that it is impossible to say that all boats of equal length require the same size mooring, and such standards cannot be applied to all boats. The Harbormaster's Office reserves the right to require a boat owner to increase the minimum mooring standard for any vessel should it feel the minimum standard would be inadequate for the vessel because of unusual design, such as, but not limited to, excessive weight, windage, or draft. Furthermore, the Town of Barnstable shall not be held liable for any damage inflicted if a minimum standard mooring fails.

A Town of Barnstable mooring permit is required for all moorings placed in the waters of the Town of Barnstable. Falsifying information on a mooring permit application or failure to submit a fully completed mooring permit application shall be cause for nonconsideration of such application. All mooring permits are issued for the use of the vessel indicated on the permit. The use of the mooring by any other vessel without the written consent of the Harbormaster's Office will be grounds for revocation of the mooring permit, and/or citations may be issued to the vessel owner. All mooring permits shall be annually renewed by February 28. There shall be a late renewal period subject to an additional fee from March 1 to March 31. All renewals must be received by the Harbormaster's Office no later than 4:15 p.m. of the deadline day. It the deadline day falls on a day when the Harbormaster's Office is closed, then the deadline will be the next business day. If a permit is not renewed before the late period ends, the vessel owner will be required to reapply as required for a new permit.

Each vessel for which a mooring permit has been issued, and each vessel occupying a permitted seasonal rental mooring, shall have attached on the hull in a visible location an annual sticker issued by the Harbormaster's Office. Stickers shall not be attached to any vessel other than that which is permitted. It shall be the responsibility of the mooring owner to ensure compliance with this section.

Each permitted mooring shall have attached, above the waterline and visible at all times, an annual mooring tag issued by the Harbormaster's Office. Mooring tags shall be affixed by the mooring servicer or mooring permit holder as applicable prior to June 30.

A change of ownership of a vessel moored within the Town of Barnstable must be reported to the Harbormaster's Office. The new owner must obtain an individual mooring permit from the Harbormaster's Office and, as such, the mooring will be considered a new mooring and all rules and regulations pertaining to new moorings shall be applicable.

Written permission must be obtained from the Harbormaster's Office before a permit holder changes vessels and desires to retain his mooring permit. The Harbormaster's Office, using its discretion, may or may not permit such change. Violation of this section may be subject to revocation of mooring permit.

All moorings not being used for the holding of a vessel shall be required to have a winter stake correctly attached prior to January 1 Moorings 500 pounds or greater located in Tim's Cove, North Bay or the Oyster Company shall be exempt. All winter stakes shall be painted white with a blue horizontal stripe and the mooring owner's name. The winter stake shall be upright at all times and not less than 40° with relationship to the surface of the water at any period of the tide, and no less than 18 inches exposed at all times. Winter stakes shall not be set before September 15 of each year and must be removed by June 1. Any winter stake not removed by June 1 shall be considered abandoned and may be removed by the Harbormaster at the owner's expense.

No vessel may be anchored in the waters of the Town of Barnstable more than eight days total, per year, without the consent of the Harbormaster's Office. Anchoring shall be prohibited within all designated mooring areas. Anchorage may be at the discretion of the Harbormaster's Office.

In areas that have, in the opinion of the Harbormaster in consultation with the Town Manager, reached maximum mooring capacity, the Department may establish waiting lists. The following shall serve as guidelines for the waiting list procedures:

At the discretion of the Harbormaster's Office, a grace period not to exceed one mooring year may be allowed to maintain a mooring location for a permitted mooring, unless otherwise noted. This does not excuse the mooring owner from the responsibility of obtaining a mooring permit.

Unless otherwise specified, these rules and regulations shall be enforced by the Harbormaster's Office, Assistant Harbormasters, Natural Resource Officers, and by police officers empowered to patrol the waters of the Town of Barnstable.

These regulations establish the procedures in which moorings may be approved in the Town of Barnstable under § 40-14 of the Code of the Town of Barnstable. Therefore, whoever violates any provisions of these regulations or neglects to obey the lawful and reasonable orders of those empowered to enforce the same, or resists them in the discharge of their duties, shall be considered in violation of Chapter 40 of the Town Ordinances and fined pursuant to § 1-3 (Schedule of Fines) of the Code of the Town of Barnstable.

In the event that any provisions, section or clause of these regulations is hereafter found to be invalid, such invalidity shall not affect the validity of the remaining portions of these regulations.

Nothing contained herein shall be held or construed to supersede or conflict with or interfere with or limit jurisdiction of the United States government or the Commonwealth of Massachusetts.

Any person aggrieved by a refusal to permit a mooring, or any condition or restriction imposed relative thereto, may appeal without prejudice, waiver or stay of any other appeals in writing to the Town of Barnstable's Waterways Committee within 15 days after receiving notice of such refusal or imposition. The Town of Barnstable's Waterways Committee shall consider such appeal and render a written determination as soon as practical. In the event the appeal of a refusal to permit is granted, the petitioner must pay any and all mooring fees that may be in arrears in addition to a granted appeal fee of $25.

These regulations are promulgated under the authority of Massachusetts General Laws Chapter 91 by the Harbormaster and approved by the Town Manager. The Harbormaster, using his/her discretion and after consultation with the Town Manager and the Waterways Committee, may deviate from the regulations noted above if deemed to be in the best interest of the Town of Barnstable.