A. 
The Town Board and the Trustees of the Freeholders and Commonalty of the Town of East Hampton (Town Trustees) recognize that the beaches and waterways within the Town of East Hampton are a significant environmental, recreational, economic, aesthetic and historic resource. The regulations set forth herein have been adopted for purposes of protecting, preserving, and restoring these resources, thus perpetuating their continued existence for the benefit of current as well as future generations.
B. 
All Town waters, as defined in Section § 246-2H or otherwise in this chapter, are under the jurisdiction and control of the Town of East Hampton, as set forth herein, or the Town Trustees. The use of Town waters, including, but not limited to, the operation and placement of boats, and the location of moorings and anchoring areas in all Town waters shall be subject to the supervision and control by these entities. To the extent that regulations herein relate to Trustee waterways, as defined in § 246-2I or otherwise in this chapter, such regulations have been authorized by the Town Trustees.
C. 
An amendment by the Town Board of any provisions of this chapter in a manner inconsistent with the ordinances, rules or regulations of the Trustees shall not be binding upon the bottomlands over which the Trustees have control.
[Amended 5-7-2024 by L.L. No. 15-2024; 2-6-2025 by L.L. No. 1-2025]
Except as may otherwise be specifically provided, the following terms in this chapter shall be defined as follows:
ANCHORING
To place a device fastened with chain or line in the bottomland to hold a vessel in position.
BOAT, VESSEL
Includes every description of watercraft (including windsurfboards), or other contrivance used or capable of being used as a means of transportation in the water or in the air.
BUSINESS ENTITY MOORING
A mooring that shall not be used for commercial fishing but may be used by business entities that own bottomland, such as a private yacht club, for transient use subject to the provisions of this chapter
COMMERCIAL FISHING MOORING
A nontransferable mooring that is exclusively for commercial fishing purposes subject to the provisions of this chapter.
DOCK, TOWN DOCK
Includes all bulkheads, boat basins and any mooring facilities maintained by the Town of East Hampton at public expense.
FISH TRAP
Any system of flexible or inflexible netting or mesh which is anchored or in any fashion affixed to the bottomland and rises up from bottomland towards the surface waters, and which is situated or in place for at least 24 hours continuously.
FLOAT
Any buoyant object (including duck blinds) anchored, moored or affixed to the bottomland.
MOORING
All types of ground tackle, including anchors, that are designed to keep a vessel in an approximate position for a duration of time greater than two weeks.
NONTRANSFERABLE MOORING
A mooring that is issued for a permit holder’s exclusive use at a specific mooring location and specific vessel registration that is listed on the permit. Such permit shall not be valid for any other location, person, or vessel, and the vessel’s registration shall always match the permit holder.
PERMIT ISSUING AUTHORITY
In the case of trustee waters and beaches, the permit issuing authority is the Trustees of the Freeholders and Commonalty of the Town of East Hampton. In the case of Town waters, the permit issuing authority is the Town Harbormaster, also referred to as the East Hampton Town Marine Patrol.
RESIDENT
A person who actually resides in or owns real property within the Town of East Hampton.
RESIDENTIAL RECREATIONAL MOORING
A nontransferable mooring exclusive to a resident permit holder used for the sole purpose of recreation.
TOWN BEACHES AND WATERWAYS
All beaches, waterways and tributaries in Montauk, and all beaches and waterways within the boundaries of the Town of East Hampton not set forth in paragraph J, and all waterways within the Township, including all waterways lying beyond those set forth in Paragraph J for a distance of 1,500 feet from the shoreline.
TRUSTEE WATERS AND BEACHES
The following waters and beaches are Trustee waters and beaches:
A. 
Wainscott Pond.
B. 
Georgica Pond.
C. 
Napeague Harbor.
D. 
Fresh Pond.
E. 
Accabonac Creek and Harbor.
F. 
Pussy's Pond.
G. 
Hog Creek.
H. 
Three Mile Harbor.
I. 
Duck Creek.
J. 
Hands Creek.
K. 
Alewive Brook.
L. 
Northwest Creek.
M. 
Little Northwest Creek.
TOWN WATERS
All waters and waterways in the Town of East Hampton, including, but not limited to, harbors, inland lakes and ponds, and extending to the shoreline of any incorporated village within the Town upon the consent of such village by resolution of its Board of Trustees, whether such waters are under the jurisdiction and control of the Town Board of East Hampton or the Town Trustees.
WATER SCOOTERS
A vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on or being towed behind the vessel rather than in the conventional manner of sitting or standing inside the vessel; includes, but is not limited to, personal watercraft.