A.Â
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.Â
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.Â
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.
Except as may otherwise be specifically provided,
the following terms in this chapter shall be defined as follows:
To place a device fastened with chain or line in the bottomland
to hold a vessel in position.
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.
Includes all bulkheads, boat basins and any mooring facilities
maintained by the Town of East Hampton at public expense.
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.
Any buoyant object (including duck blinds) anchored, moored
or affixed to the bottomland.
Permanent ground tackle; also, a place where vessels are
kept in a fixed position.
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 Clerk.
A person who actually resides in or owns real property within
the Town of East Hampton.
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.
The following waters and beaches are Trustee waters and beaches:
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.
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.
