[HISTORY: Adopted by the Representative Town Meeting of the Town of Fairfield 9-18-1995.[1] Amendments noted where applicable.]
[1]
Editor's Note: This enactment supersedes former Ch. 24, Harbor Management Commission, adopted 7-28-1986.
A. 
The Town of Fairfield desires to manage Southport Harbor and its environs in the most effective manner and to plan for safe and beneficial use and enjoyment of the harbor.
B. 
The Town desires to conserve and protect the natural environmental and historic resources of Southport Harbor and its environs for the benefit of current and future generations.
C. 
The Town believes that the most responsible way to ensure safe and beneficial use of the harbor and the protection of harbor resources is through implementation of a Town plan for management of Southport Harbor and establishment of Town regulations for use and protection of the harbor.
D. 
The Representative Town Meeting hereby enacts these regulations, as herein set forth, for the use and enjoyment of Southport Harbor and its environs which shall be known as Fairfield's "Harbor Management Area."
A. 
As used in this chapter, the following terms shall have the meanings indicated:
ABODE
The principal, non-water-dependent use of a structure or vessel as a dwelling or home.
ANCHORING
To secure a vessel temporarily to the bottom of a water body by dropping an anchor or anchors from a vessel.
CHANNEL
A water area specifically reserved for unobstructed movement of vessels, designated as such in the Management Plan for Southport Harbor and marked in-water by aids to navigation.
DEPUTY HARBORMASTER
The Deputy Harbormaster of Southport Harbor who may be appointed by the Governor of Connecticut in accordance with Sections 15-1 through 15-10 of the Connecticut General Statutes and who shall carry out his or her duties under the direction of the Harbormaster.
EMERGENCY
A condition of imminent or proximate danger to life or property that requires immediate action.
FAIRWAY
Any designated and/or maintained water area reserved for unobstructed movement of vessels and designated as such in the Management Plan for Southport Harbor.
FEDERAL NAVIGATION PROJECT
Designated channel and anchorage areas in Southport Harbor as well as the harbor breakwater and dike authorized by Acts of Congress, constructed by the federal government and maintained by the United States Army Corps of Engineers.
FLOATING HOME
Any structure constructed on a raft, barge or hull, moored or docked and that is used primarily for single- or multiple-family habitation or that is used for the domicile of any individual(s).
HARBOR MANAGEMENT AREA
All navigable waters and intertidal areas as defined in § 24-7 of this chapter as subject to the regulations contained in this chapter and to the jurisdiction of the Harbor Management Commission.
HARBOR MANAGEMENT COMMISSION
The duly appointed body of the Town of Fairfield with responsibilities for implementing the Management Plan for Southport Harbor and with additional powers and duties authorized by Sections 22a-113k through 22a-113t of the Connecticut General Statutes.
HARBOR MANAGEMENT CONSISTENCY REVIEW
The process defined in § 24-14 of this chapter whereby the Harbor Management Commission shall review the consistency of proposed actions with the Management Plan for Southport Harbor.
HARBOR MANAGEMENT ORDINANCE
This chapter establishing regulations for the use of Fairfield's Harbor Management Area.
HARBORMASTER
The Southport Harbormaster appointed by the Governor of Connecticut in accordance with Section 15-1 of the Connecticut General Statutes, and who shall advise the Harbor Management Commission with respect to matters concerning the waters under the jurisdiction of the Harbor Management Commission and have special responsibilities for implementing the Management Plan for Southport Harbor.
HAZARD TO NAVIGATION
Any obstruction, usually sunken, that presents a sufficient danger to navigation so as to require expeditious, affirmative action such as marking, removal or redefinition of a designated waterway to provide for navigational safety.
MANAGEMENT PLAN FOR SOUTHPORT HARBOR
A plan for the balanced use of the Harbor Management Area for recreational and other purposes and for the protection of environmental resources as prepared by the Harbor Management Commission, adopted by the Representative Town Meeting and approved by the Connecticut Departments of Environmental Protection and Transportation in accordance with Sections 22a-113k through 22a-113t of the Connecticut General Statutes.
MARINE FACILITY
Any facility (including but not limited to docks, floats, piers, ramps, hoists, parking areas, concessions and service facilities), either publicly or privately owned, intended primarily to be used by or for the service of vessels and located within the Harbor Management Area.
MEAN HIGH WATERLINE
The line along the shoreline representing the average height of the maximum elevation reached by each rising tide over a nineteen-year period immediately preceding the current year.
MOOR
To secure a vessel to the bottom of a water body by the use of mooring tackle.
MOORING
The place where or the object to which a vessel can be made fast by means of mooring tackle so designed that, when the attachment of such tackle to the vessel is terminated, some portion of the tackle remains below the surface of the water and is not under the control of the vessel or its operator.
MOORING FLOAT
A single floating dock unattached to land, secured by bottom anchors, used to secure vessels, and no more than 100 square feet in area.
[Added 9-27-2021]
MOORING TACKLE
The hardware (e.g., chain, line, anchor, buoys and other equipment) used to secure a vessel at a mooring location.
NORTH ANCHORAGE
The mooring area used and managed by the Pequot Yacht Club in accordance with the Management Plan for Southport Harbor, rules and procedures adopted by the Harbor Management Commission, state and federal mooring field permits, and a Memorandum of Agreement between the Town of Fairfield and the Yacht Club. The North Anchorage is upstream of and adjacent to the Southport Harbor federal anchorage area.
[Added 9-27-2021]
OBSTRUCTION TO NAVIGATION
Anything that restricts, endangers or interferes with navigation.
PERSON
Those, including individuals, corporations, societies, associations and partnerships, using the facilities and areas within the Harbor Management Area and subject to the provisions of this chapter.
PERSONAL WATERCRAFT
Any Class A inboard vessel which has an internal combustion engine powering a water-jet pump as its primary source of motor propulsion and which is designed to be operated by a person sitting, standing or kneeling.
STATE
The State of Connecticut.
TRANSIENT
A person traveling to the Harbor Management Area by boat and staying for a temporary period of time.
VESSEL
As defined by state statute, every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
A. 
This chapter shall be known and may be cited as the "Harbor Management Ordinance."
B. 
The provisions of this chapter and any rules and procedures adopted pursuant thereto shall be applicable and shall govern the use of the Fairfield Harbor Management Area as defined in this chapter.
C. 
If any provision of this chapter is held invalid or inoperative, the remaining provisions shall continue in full force and effect.
D. 
The Harbormaster and any police officer of the Town of Fairfield shall have full authority to enforce this chapter and cite any alleged violators of this chapter.
E. 
Any person aggrieved by any decision of the Harbor Management Commission or its agent(s) made pursuant to the powers granted in this chapter may appeal such decisions, in writing, within fifteen (15) days to the Board of Selectmen. Such appeal shall specifically state the nature of the ruling and the reasons why the appellant is aggrieved thereby. The Board of Selectmen shall act on such appeal within thirty (30) days.
F. 
Nothing herein contained shall bar or prevent the Harbormaster or any of his deputies from performing those duties which have been assigned to him in accordance with the General Statutes of the state.
A. 
There shall be a Harbor Management Commission which shall consist of seven members who must be electors and residents of the Town of Fairfield. No more than four of the members shall be members of the same political party. These members shall be appointed by the Board of Selectmen and subject to legislative ratification. Appointments will be made from a list of persons recommended because of their interest in harbor activities by existing local commissions, Town staff or local residents. In addition, there shall be appointed two alternate members to serve in place of absent regular members, if necessary. The Harbormaster 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 he may be reimbursed for any necessary expenses. The Harbormaster or Deputy Harbormaster may receive compensation for any prescribed duties.
A. 
The term of all members shall run for four years.
B. 
Alternate members shall be appointed for two years. If a member resigns or is removed for any reason before his or her term expires, a replacement shall be appointed within two months of termination by the First Selectman in accordance with § 24-4 to complete that term. A Commission member may be removed by the Board of Selectmen for good cause upon request of the Commission. Failure to attend four consecutive meetings without good reason shall constitute good cause for removal.
C. 
The Commission shall elect a Chairperson, Vice Chairperson and Secretary. The Commission may form subcommittees to address specific duties of the Commission.
Pursuant to Section 22a-113m of the Connecticut General Statutes, the Management Plan for Southport Harbor, dated March 1995, prepared by the Fairfield Harbor Management Commission, reviewed by the United States Army Corps of Engineers and approved by the State Commissioners of Environmental Protection and Transportation, is adopted by the Representative Town Meeting to be effective as of October 9, 1995.
For the purpose of this chapter and to define the jurisdiction of the Harbor Management Commission, the Fairfield Harbor Management Area is defined to include Southport Harbor and adjacent areas, including:
A. 
Southport Inner Harbor, which includes the area below the mean high waterline in the Mill River from the Tide Mill Dam (also called the Mill Pond Dam) at the head of navigation and extending southwest to the southern end of the breakwater at the entrance into Long Island Sound.
B. 
Southport Outer Harbor, which includes the area bounded on the north by Southport Beach, the entrance to the Inner Harbor and Sasco Hill Beach; on the east by a line running southeast from Kensie Point through Sunken Island, then running south to bell R 22, then running northwest to the Westport boundary at the approximately five-foot deep waters of Long Island Sound, then running along the Westport boundary to Sasco Brook and including the Southport Light and nine-foot buoyed channel.
C. 
The Sasco Brook area, which includes the area below the mean high waterline in Sasco Brook from the bridge at U.S. Highway No. 1 south, and east of the Fairfield/Westport boundary line in said brook, to the waters of Long Island Sound.
The Fairfield Harbor Management Commission shall have all of the powers and duties granted to municipal harbor management commissions by Sections 22a-113k through 22a-113t of the Connecticut General Statutes and by this chapter. The Harbor Management Commission shall implement the Management Plan for Southport Harbor as adopted by the Representative Town Meeting, approved by the State of Connecticut in accordance with Sections 22a-113m through 22a-113o of the Connecticut General Statutes. The Commission may hire staff and consultants to assist with any subsequent powers, duties and responsibilities pursuant to the plan. The Commission shall provide for the annual review of the Harbor Management Plan and shall make any additions and/or modifications to the plan that may be deemed appropriate subject to the process set forth in Sections 22a-113m through 22a-113o of the Connecticut General Statutes or other subsequent harbor management legislation enacted by the General Assembly. In addition, the Commission shall:
A. 
Recommend ordinances for adoption by the Representative Town Meeting to implement the Management Plan for Southport Harbor and which may specify fines for violation of those ordinances in accordance with Section 22a-113m of the Connecticut General Statutes.
B. 
Prepare an operating budget of the Commission using funds from sources which may include but are not limited to local appropriations, mooring fees, violation fines or a Harbor Management Account established by Town ordinance.
C. 
Review for consistency with the Management Plan for Southport Harbor any public notice of an application for a local, state or federal permit for any activity affecting the real property on, in or contiguous to the Commission's jurisdiction as described in § 24-7 of this chapter and to respond in a timely fashion with recommendations to the regulating agencies.
D. 
Conduct or cause to be conducted studies of the conditions and operations in and adjacent to the Harbor Management Area as defined in § 24-7 of this chapter and present to the Board of Selectmen proposals for efficient operations in the Harbor Management Area.
E. 
Adopt rules and procedures for implementing specific portions of the Management Plan for Southport Harbor and this chapter as it shall deem necessary in the following manner:
(1) 
Prior to adopting any such rules and procedures, the Commission shall conduct a public hearing for the purpose of considering their adoption. Notice of the time and place of such public hearing, which notice shall include the title and summary of the rules and procedures proposed, shall be published in a local newspaper having substantial circulation in the Town of Fairfield at least five days, but not more than 15 days, prior to the date of said hearing.
(2) 
Following said public hearing, the Commission shall act upon said rules and procedures and may make such changes or alterations in the form or content of the proposed rules and procedures as seen appropriate or necessary as a result of the public hearing held in connection therewith. Such changes, additions or alterations shall not require further public notice.
(3) 
Such rules and procedures, if adopted by the Commission, shall become effective after publication on the Town of Fairfield website.
[Amended 9-27-2021]
F. 
To assist the Harbor Management Commission and the Harbormaster in their duties hereunder, the Harbor Management Commission, with the advice of the Harbormaster, may appoint a special agent(s) who will serve at the pleasure of the Harbor Management Commission.
A Harbor Management Account is hereby created within the Town of Fairfield General Fund to receive and expend moneys for harbor management purposes as determined by the Harbor Management Commission. All revenues generated by mooring permits shall be deposited into this account. Other funds generated or allocated specifically for harbor management purposes shall also be deposited in this account. Funds shall be disbursed for purposes directly associated with the management and improvement of the Harbor Management Area and implementation of the Management Plan for Southport Harbor. Moneys from this account may be allocated to the Harbormaster and any agent(s) of the Harbor Management Commission for the purpose of implementing and enforcing the provisions of the Management Plan for Southport Harbor and/or this chapter. Moneys from the Harbor Management Account may also be used to compensate any contractors hired to perform work as may be deemed necessary by the Harbor Management Commission.
A. 
Any violation of this chapter shall result in a fine not to exceed $100. Each day in violation shall be considered a separate repeat offense and subject to separate citations. A fine not to exceed $100 may be imposed for each repeat offense. The provisions of this section are in addition to and do not supersede any penalties resulting from simultaneous violations of state or federal laws.
B. 
Repeated violations of the provisions of this chapter relating to mooring permits in the Harbor Management Area as set forth in § 24-12 of this chapter may, after due notice, result in revocation of the mooring permit.
A. 
Liability. Persons using any public facility and water area within the Harbor Management Area shall assume all risk of personal injury and damage or loss to their property. The Town of Fairfield assumes no responsibility for losses due to accident, fire, theft, vandalism or acts of God.
B. 
Maintenance of marine facilities. Each operator of a waterfront facility, each waterfront property owner and any other user of the Harbor Management Area is responsible for maintaining his or her property and operation in a safe, clean and attractive condition.
C. 
Reckless operation of vessels prohibited. The operation of any vessel in any manner that unsafely interferes with the free and proper use of the Harbor Management Area or endangers the users of the Harbor Management Area or any property on, in or contiguous to the Harbor Management Area is hereby prohibited.
D. 
Vessel speed.
(1) 
The operation of any vessel, including personal watercraft, within the Harbor Management Area in excess of established speed limits or in the inner harbor in a manner to create an excessive wake shall be in violation of this chapter.
(2) 
The speed of all vessels in the Southport Inner Harbor as defined in this chapter shall be limited to six miles per hour or to a speed that will not cause an excessive wake, whichever is the lesser speed.
(3) 
Any person operating a vessel within the Harbor Management Area at such a speed as to cause a wake shall be held responsible for any damage caused by that wake.
E. 
Damage to harbor facilities or other property. It shall be unlawful to willfully or carelessly destroy, damage, disturb, deface or interfere with any public or privately owned facility or property in the Harbor Management Area.
F. 
Obstruction of facilities.
(1) 
It shall be a violation of this chapter for any person willfully to prevent any other person from the lawful use of any assigned or public mooring, anchorage, pier, dock, boat launch or other marine facility.
(2) 
No vessel shall be moored or anchored so as to interfere with the free and unobstructed use of any channel, fairway or berthing space.
(3) 
Anchoring in the Federal Navigation Project except for vessel-based fishing (including shellfishing) or for emergency or inspection purposes with specific authorization from the Harbormaster is prohibited.
G. 
Waterskiing. Waterskiing is prohibited in the inner harbor and in the Federal Navigation Channel in the outer harbor.
H. 
Personal watercraft. Use of personal watercraft within the Federal Navigation Project except as necessary to reach personal watercraft activity areas is prohibited.
I. 
Swimming and underwater diving. Swimming is prohibited in the inner harbor. Underwater diving is prohibited in the inner harbor except for emergency, maintenance or inspection purposes.
J. 
Fishing. Fishing in the Harbor Management Area shall not impede navigation. Vessel-based fishing within designated channels, fairways or anchorage areas in a manner that provides a hazard to navigation is prohibited.
K. 
Board sailing. Board sailing within the Federal Navigation Project in a manner that creates a hazard to navigation is prohibited.
L. 
Use of vessels as abodes. Floating homes are prohibited from berthing or mooring in the Harbor Management Area. The use of any vessel in the Harbor Management Area as an abode or floating home is prohibited. Sleeping aboard transient vessels is permitted for a maximum period of three days unless such period is extended by special permission of the Harbormaster.
M. 
Identification of vessels. All vessels (except transient vessels and tenders used to reach larger vessels) moored or tied up to wharves, piers or docks in the Harbor Management Area shall maintain the following identification:
(1) 
A federal or Connecticut state registry number or Connecticut use decal registration as reported to the Harbormaster.
(2) 
A boat name as reported to the Harbormaster.
(3) 
The name, address and telephone number of the owner.
[Amended 4-28-2008; 11-24-2008; 9-27-2021]
A. 
In accordance with state law and the Management Plan for Southport Harbor and in order to provide for adequate access for vessels, for the safety of persons and property, for the protection of natural and historic resources and for the optimum use of the Harbor Management Area, no vessel shall be moored in the Harbor Management Area without a current and valid permit from the Harbormaster.
B. 
It shall be a violation for any natural person or entity to moor any vessel or place any mooring or mooring float in the Harbor Management Area without a current and valid permit from the Harbormaster.
C. 
Any natural person receiving a permit for a mooring location and any entity receiving a permit for a mooring float in the Harbor Management Area outside the North Anchorage and any entity receiving a permit for mooring locations within the North Anchorage shall pay an annual mooring permit fee not to exceed the maximum fee authorized by Section 22a-113s of the Connecticut General Statutes in an amount to be determined by the Harbor Management Commission from time to time under the procedures for notice and hearing established in § 24-8E. In addition, for each mooring location and mooring float outside the North Anchorage, an annual mooring maintenance charge shall be paid in an amount to be determined by the Harbor Management Commission from time to time under the procedures for notice and hearing established in § 24-8E. Any person submitting a mooring waiting list application, including either a new or annual renewal application, shall pay an administrative fee in an amount to be determined by the Harbor Management Commission from time to time under the procedures for notice and hearing established in § 24-8E.
D. 
The mooring, anchoring and docking of all vessels in the Harbor Management Area shall be in accordance with rules and procedures adopted by the Harbor Management Commission.
E. 
In allocating mooring locations in accordance with rules and procedures adopted by the Harbor Management Commission, the Harbormaster shall not discriminate on the basis of town of residence. Any interested natural person may apply for mooring space in the Harbor Management Area by completing in full the application provided for that purpose and submitting the completed application and all required documents and fees to the Harbormaster. A single list of current mooring assignments and a single list of all those waiting for a mooring permit/location in the Harbor Management Area shall be maintained by the Harbor Management Commission and the Harbormaster.
F. 
No provision contained in this chapter or in any rules and procedures adopted by the Harbor Management Commission shall limit the authority of the Southport Harbormaster to station and remove vessels as provided in Sections 15-8 and 15-9 of the Connecticut General Statutes.
A. 
The provisions of Section 22a-250 of the Connecticut General Statutes shall be strictly enforced with respect to the discharge of refuse, and no person shall place, throw, deposit or discharge or cause to be placed, thrown, deposited or discharged into the Harbor Management Area any litter or other materials, including but not limited to any refuse or waste matter, sewage, petroleum products or by-products, paint, varnish, dead animals or debris of any kind.
B. 
The owner, lessee, agent, manager or person in charge of any waterfront development or facility adjacent to the Harbor Management Area shall at all times maintain the premises under his charge in a clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris and other waste materials.
A. 
A Town Harbor Management Consistency Review process shall be carried out by the Harbor Management Commission to ensure effective implementation of the Management Plan for Southport Harbor and to provide coordinated, efficient and comprehensive review of proposed projects and activities affecting the Harbor Management Area.
B. 
The Harbor Management Commission shall review, for consistency with the Management Plan for Southport Harbor, specific development and use proposals (see Subsection C below) affecting the Harbor Management Area as submitted to or proposed by all other Town commissions and departments, including:
(1) 
The Town Plan and Zoning Commission.
(2) 
The Zoning Board of Appeals.
(3) 
The Water Pollution Control Authority.
(4) 
The Department of Public Works.
(5) 
The Park Commission.
(6) 
The Shellfish Commission.
(7) 
The Conservation Commission.
(8) 
The Historic District Commission.
C. 
The Harbor Management Commission shall review for consistency with the Management Plan for Southport Harbor:
(1) 
All development proposals subject to the Town's Coastal Site Plan Review process and affecting the real property on, in or contiguous to Harbor Management Area, with the exception of one- or two-family dwellings.
(2) 
All proposed uses or activities occurring below the mean high waterline.
(3) 
All proposed revisions and amendments to Town plans, rules and regulations affecting real property on, in or contiguous to the Harbor Management Area.
D. 
All Town commissions and departments proposing or reviewing proposals affecting the Harbor Management Area shall notify the Harbor Management Commission of any proposals subject to the Harbor Management Consistency Review process at least 35 days prior to the commencement of any hearings thereon or, where no hearing is held, at least 35 days prior to the taking of any final action on the proposal.
E. 
The Harbor Management Commission shall determine the consistency of proposals with the Management Plan for Southport Harbor and make recommendations to the appropriate Town commission or department having authority to act on the proposal within 35 days of receipt of the proposal from the referring agency. If no comment regarding the consistency of the proposed project is made by the Commission within 35 days, the proposal shall be assumed to be consistent with the Harbor Management Plan. The Town agency authorized to act on the proposal shall consider the recommendations of the Harbor Management Commission. In accordance with Section 22a-113p of the Connecticut General Statutes, a two-thirds vote of all members of the agency having authority to act on the proposal shall be required to approve a proposal that has not received a favorable recommendation from the Harbor Management 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.
F. 
Nothing contained within this chapter shall abridge the legal authority of any board, commission or agency of the Town of Fairfield to make, publish, adopt, repeal, change or amend its rules, regulations or bylaws in accordance with law.