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Ordinance Guide

The Maine Harbor Master Ordinance Guide

The Harbor Ordinance Guide is designed to assist Harbor Masters in developing and maintaining a strong municipal ordinance, regulating all things harbor and waterfront within their jurisdiction. 

While every municipalities needs will be different, this resource can assist in editing or amending current language in existing ordinances to strengthen them.

While using this guide, preview each section with examples from municipalities by clicking "Read More" after each section.

Maine Harbor Masters Association

Section 1: Purpose

This chapter is adopted pursuant to the authority granted by 38 M.R.S., Chapter 1, of the Maine Revised Statutes, as amended, and pursuant to the Town's home rule authority under the Constitution of Maine, Article VIII, Part 2, and 30-A M.R.S.§ 3002, as amended.

BRUNSWICK To establish the boundaries of channels in harbors and to regulate other activities in the harbors, coastal, tidal, and navigable waters within the Town of Brunswick, Maine in order to ensure safety to persons and property, to promote availability, preservation, and use of a valuable public resource, and to create a fair and efficient framework for administration of the resource. CAPE ELIZABETH This Ordinance is to establish regulations for marine activities within the harbors, waterways and tidal waters of the Town of Cape Elizabeth, Maine to ensure safety to persons and property, to promote availability and use of a valuable public resource and to create a fair and efficient framework for the administration of that resource. This Ordinance shall be subordinate to existing Federal and State Laws governing the same matters and is not intended to preempt other valid laws. CUMBERLAND The Coastal Waters Ordinance is established to regulate marine activities within the coastal and tidal waters of the Town, to ensure the safety of persons and property, promote availability and the safety of valuable public resources, and to create a fair and efficient framework for the administration of the same. DAMARISCOTTA The purpose of this Interlocal Agreement and Ordinance (“Ordinance”) is to insure boater and public safety, provide for consensus among towns bordering the territorial waters of Damariscotta and Newcastle, and to balance the public’s interests in the recreational, commercial, natural and cultural resources and other sues in Damariscotta’s and Newcastle’s waters in the Damariscotta River, Great Salt Bay and the tidal waters of the Sheepscot River. FREEPORT The Coastal Waters Ordinance is hereby established regulating marine activities within the anchorage of the Town of Freeport, Maine, in order to ensure safety to persons and property, to promote availability, preservation and use of valuable public resources, and to create a fair and efficient framework for administration of same. FRIENDSHIP The purpose of this Ordinance is to manage recreational and commercial maritime activities so as to maintain order and safety of the Town of Friendship’s coastal waters and harbors. GEORGETOWN The purpose of this ordinance is to protect the marine environment and provide for the just and orderly operation of marine activities on Georgetown waterways. It is intended to promote safety, enjoyment, convenience, effective use, and control of mooring areas and public facilities pertinent thereto. HARPSWELL The Town of Harpswell Harbor and Waterfront Ordinance is hereby established to regulate marine activities within the Town, to ensure the safety of its property, its inhabitants and the general public, to guarantee the availability and use of a valuable public resource, and to create a fair and equitable framework for administration of these goals. KENNEBUNK The Cape Porpoise Pier shall be managed by the municipal officers of the Town, or their designee, primarily as a public fish pier for the berthing, servicing, loading, offloading, repair and other needs of commercial fishing vessels. To the extent compatible with its primary use as a public fish pier, and to the extent permitted by agreements between the Town and the State of Maine, the pier shall also be available for use by other vessels, by residents of the Town, and by members of the general public. OGUNQUIT The purpose of this chapter is to regulate the marine activities within the harbor, known as Perkins Cove, and the waters therein. It is intended to ensure the safety of persons and property, to promote availability and use of public resources and to create a fair and efficient framework for the administration of those resources. SACO This chapter shall be known as the "Saco River, Harbor and Waterfront Ordinance." This chapter is hereby adopted by the City of Saco to ensure the proper operation of recreational and commercial watercraft, and to promote the safe enjoyment and recreational use of the City's waters, which includes all waters adjacent to riverfronts and beaches within the City of Saco. SCARBROUGH This ordinance is to establish regulations for marine activities within the harbors, waterways and tidal waters of the Town of Scarborough, Maine in order to ensure safety to persons and property, to promote availability and use of a valuable public resource, and to create a fair and efficient framework for the administration of that resource. This ordinance shall be subordinate to existing Federal and State Laws governing the same matters and is not intended to preempt other valid laws. THOMASTON The harbor must be kept open for navigation and other purposes by rule of the Corps of Engineers, Department of the Army. Pursuant to the provisions of the Maine Revised Statutes Annotated (MRSA), Title 38, Sec. 2, the following Ordinance is hereby enacted. It is intended that these will provide the means by which use of Thomaston Harbor may be maximized, and competing commercial, recreational and other appropriate uses balanced. The intent of this Ordinance is to insure that all legitimate interests will have the opportunity to utilize Thomaston's limited harbor resources. WELLS This Harbor Ordinance is hereby established to regulate marine activities within Wells Harbor of the Town of Wells, Maine, in order to ensure safety to persons and property, promote availability and use of valuable public resources, and to create a fair and efficient framework for the administration of these waters. YARMOUTH The purpose of this Ordinance is to define rights and responsibilities of those people who make use of the tidal waters of the Town of Yarmouth and adjacent Town land and rights-of-way owned or leased for vessel mooring and launching.

Section 2: Authority

This chapter is adopted pursuant to the authority granted by 38 M.R.S., Chapter 1, of the Maine Revised Statutes, as amended, and pursuant to the Town's home rule authority under the Constitution of Maine, Article VIII, Part 2, and 30-A M.R.S.§ 3002, as amended.

BRUNSWICK To establish the boundaries of channels in harbors and to regulate other activities in the harbors, coastal, tidal, and navigable waters within the Town of Brunswick, Maine in order to ensure safety to persons and property, to promote availability, preservation, and use of a valuable public resource, and to create a fair and efficient framework for administration of the resource. CAPE ELIZABETH This Ordinance is to establish regulations for marine activities within the harbors, waterways and tidal waters of the Town of Cape Elizabeth, Maine to ensure safety to persons and property, to promote availability and use of a valuable public resource and to create a fair and efficient framework for the administration of that resource. This Ordinance shall be subordinate to existing Federal and State Laws governing the same matters and is not intended to preempt other valid laws. CUMBERLAND The Coastal Waters Ordinance is established to regulate marine activities within the coastal and tidal waters of the Town, to ensure the safety of persons and property, promote availability and the safety of valuable public resources, and to create a fair and efficient framework for the administration of the same. DAMARISCOTTA The purpose of this Interlocal Agreement and Ordinance (“Ordinance”) is to insure boater and public safety, provide for consensus among towns bordering the territorial waters of Damariscotta and Newcastle, and to balance the public’s interests in the recreational, commercial, natural and cultural resources and other sues in Damariscotta’s and Newcastle’s waters in the Damariscotta River, Great Salt Bay and the tidal waters of the Sheepscot River. FREEPORT The Coastal Waters Ordinance is hereby established regulating marine activities within the anchorage of the Town of Freeport, Maine, in order to ensure safety to persons and property, to promote availability, preservation and use of valuable public resources, and to create a fair and efficient framework for administration of same. FRIENDSHIP The purpose of this Ordinance is to manage recreational and commercial maritime activities so as to maintain order and safety of the Town of Friendship’s coastal waters and harbors. GEORGETOWN The purpose of this ordinance is to protect the marine environment and provide for the just and orderly operation of marine activities on Georgetown waterways. It is intended to promote safety, enjoyment, convenience, effective use, and control of mooring areas and public facilities pertinent thereto. HARPSWELL The Town of Harpswell Harbor and Waterfront Ordinance is hereby established to regulate marine activities within the Town, to ensure the safety of its property, its inhabitants and the general public, to guarantee the availability and use of a valuable public resource, and to create a fair and equitable framework for administration of these goals. KENNEBUNK The Cape Porpoise Pier shall be managed by the municipal officers of the Town, or their designee, primarily as a public fish pier for the berthing, servicing, loading, offloading, repair and other needs of commercial fishing vessels. To the extent compatible with its primary use as a public fish pier, and to the extent permitted by agreements between the Town and the State of Maine, the pier shall also be available for use by other vessels, by residents of the Town, and by members of the general public. OGUNQUIT The purpose of this chapter is to regulate the marine activities within the harbor, known as Perkins Cove, and the waters therein. It is intended to ensure the safety of persons and property, to promote availability and use of public resources and to create a fair and efficient framework for the administration of those resources. SACO This chapter shall be known as the "Saco River, Harbor and Waterfront Ordinance." This chapter is hereby adopted by the City of Saco to ensure the proper operation of recreational and commercial watercraft, and to promote the safe enjoyment and recreational use of the City's waters, which includes all waters adjacent to riverfronts and beaches within the City of Saco. SCARBROUGH This ordinance is to establish regulations for marine activities within the harbors, waterways and tidal waters of the Town of Scarborough, Maine in order to ensure safety to persons and property, to promote availability and use of a valuable public resource, and to create a fair and efficient framework for the administration of that resource. This ordinance shall be subordinate to existing Federal and State Laws governing the same matters and is not intended to preempt other valid laws. THOMASTON The harbor must be kept open for navigation and other purposes by rule of the Corps of Engineers, Department of the Army. Pursuant to the provisions of the Maine Revised Statutes Annotated (MRSA), Title 38, Sec. 2, the following Ordinance is hereby enacted. It is intended that these will provide the means by which use of Thomaston Harbor may be maximized, and competing commercial, recreational and other appropriate uses balanced. The intent of this Ordinance is to insure that all legitimate interests will have the opportunity to utilize Thomaston's limited harbor resources. WELLS This Harbor Ordinance is hereby established to regulate marine activities within Wells Harbor of the Town of Wells, Maine, in order to ensure safety to persons and property, promote availability and use of valuable public resources, and to create a fair and efficient framework for the administration of these waters. YARMOUTH The purpose of this Ordinance is to define rights and responsibilities of those people who make use of the tidal waters of the Town of Yarmouth and adjacent Town land and rights-of-way owned or leased for vessel mooring and launching.

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