Waterford Harbor Management Plan (PDF)

WATERFORD
HARBOR MANAGEMENT COMMISSION
March 15, 2013
Ms. Eleanor Mariani, Boating Law Administrator
Department of Energy and Environmental Protection
333 Ferry Road, P. O. Box 280
Old Lyme, CT 06371-0280
RE: WATERFORD’S AMENDED HARBOR MANAGEMENT PLAN
Dear Ms. Mariani:
The Waterford Harbor Management Commission revised the Town of Waterford’s Waterways
Regulations Ordinance, in accordance with the Department of Environmental Protection’s suggestions
dated June 12, 2007. The revised Waterways Regulations were sent to the D.E.P. on August 17, 2009.
On September 25, 2009, the D.E.P. acknowledged that the current version of the Regulations contained
all of the changes suggested in June 2007 and that the D.E.P. would recommend approval of these
ordinances if passed in their current form. The D.E.P. reminded the Harbor Management Commission
that once the ordinances are adopted, they must be submitted to the D.E.P. for final approval pursuant to
CGS Section 15-136.
On May 7, 2012, the Waterford RTM approved the amended Waterways Regulations Ordinance and the
amended Waterways Regulations were subsequently incorporated into the Waterford Harbor Management
Plan. The amended Plan is now being transmitted to the Department of Energy and Environmental
Protection (D.E.E.P.) for final approval prior to publication.
Please note that a “History” page (page 3) has been added to the Plan and the Preface (page 4) has been
amended, neither of which affects the content of the Plan itself.
We anxiously await final D.E.E.P. approval of the amended Waterford Harbor Management Plan, after
which we will proceed to make the Plan available to the public.
If you have any concerns or questions, please feel free to contact my office at (860) 442-9451 ext. 303.
Sincerely,
m cat
Murray J. Pendleton, Chief of Po
Wategford HarYor Master
cc: Waterford Harbor Management Commission
Daniel Steward, First Selectman
Murray J. Pendleton Richard Miller c/o Waterford Police Dept.
Harbor Master Deputy Harbor Master 41 Avery Lane
(860) 442-9451 (860) 447-3697 Waterford, CT 06385

WATERFORD
HARBOR MANAGEMENT PLAN
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Table of Contents
THIS PLAN HAS BEEN REVISED TO INCLUDE THE AMENDED WATERWAYS REGULATIONS
THAT WERE ADOPTED BY THE RTM ON MAY 7, 2012
Page
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Waterford Harbor Management Area ................ccecceece ence nee eeeaeeneeeteneenaes 5
Coastal Area Setting ..........c. ccc ecceeeee cence cnet eens senses eeneetenenee senses ennees 5
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Water USE ..... cece cee cc cce cence ene eens eenee eens teat eeeeeeeneneeenneeeeeeaeeenens 6
PANU) 61 A eee 7
Harbor Management Issues and Goals: Town of Waterford ...............00cceeeeees 8
Policies and Recommendations: Town of Waterford ..............cccccceeceeeeeenees 10
Water Use Plan ......... ccc ccc ccc encenc ee ceneeneeseeeeeeeeeneeeeenseeseeagengenees 10
Harbor Administration ...............ccceceecencenceeceneeeneeeeenseeeeeeaeeeneeeeens 12
Ordinance for the Establishment of Rules and Regulations for the
Management of the Town of Waterford Waterways ...............sccsceeeeeeeeeeeees 16
5d or: 00| 0) (an 16
2.82.100 Waterways Regulations ................ccccesc ence eee eeeeeeeseceueeeeueenneeeass 17
Article | General ProviSiONs ............ccccescescesceeceeueeeeeeeeseneesateaeess 17
Article II Harbor Regulations .................ccceceececeeceeceeeseneeseeneessenes 18
Article II] Regulations concerning Mooring, Anchoring, and
Securing Of Vessels ...............ccccecceecenccesceensenceenceenneees 20
Article TV = Definitions «20.0.0... 0. ccc ce ccc cecc ec enc ene ee eee een eeeeensensensensens 23
APPENDICES
Appendix A: Connecticut’s Harbor Management Act ...............cccceeeeeeeeees 27
Appendix B: Minimum Mooring Tackle Specifications .................cc0eeeeees 32
Appendix C: Waterford Harbor Management Commission
Enabling Ordinance ...............sceeceseeeteeeeeeteeseeeeeeeesstenens 35
Appendix D: Water Use Plans ............cccccesceeeceeeeeseesttecuneeseteesnsenenes 39
Appendix E: Thames River Restricted Zone ...........:.cceceeceenseeeneeeseneeneens 48
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10/26/99
03/31/00
04/01/07
04/12/07
06/12/07
08/17/09
09/25/09
05/07/12
03/15/12
HISTORY
The Waterford Harbor Management Plan (the Plan) was originally published on
October, 26, 1999, as a result of the efforts and dedication of the following
Waterford Harbor Management Commission (HMC) members:
G. Brian Vachris, Chairman; Richard Pendleton, Secretary; Robert Blinderman;
Peter Brouwer; Brian Sullivan; David Lewis; Ward Alling; Michael Gorton,
member and chairman from 1992 to 1994; John Hollis, member from 1992 to
1994 and secretary for 1994; Jerry Gorman, member from 1994 to 1996; Michael
Kapp, member and chairman from 1994 to 1995; Bruce Kruszewski, member
from 1996 to 1998; Peter Brouwer, member from 1992 to 1998; and Edwin
Powell, member from 1992 to 1999. Note: Special thanks to David Kozak and
Joan Hoelzel of the CT DEP for their time in reviewing, and their input into the
writing of, this Plan.
The Connecticut Department of Environmental Protection (DEP) formally
approved the Plan with its most recent amendments; these amendments were
subsequently approved by the RTM on 04/03/00 and 06/05/00.
Waterford Harbor Master/Chief of Police Murray J. Pendleton discovered that the
Waterways Regulations (Section 2.82.100 of the Waterford Code of Ordinances)
had not been forwarded to the DEP after approval by the RTM in June of 2000.
The HMC voted to forward to the DEP for review and approval, in accordance
with CGS Section 15-136, the Town of Waterford’s Waterways Regulations as
approved by the RTM on June 5, 2000. A letter and attachments were sent to the
DEP on 04/16/07.
The DEP completed its review, provided comments, and suggested corrections to
be incorporated into the Regulations. The HMC considered the DEP’s
recommendations and revised the Regulations accordingly.
The Revised Waterways Regulations were sent to the DEP.
The DEP acknowledged that the current version of the Regulations contained all
of the changes requested by the DEP in June 2007 and that the DEP would
recommend approval of these ordinances if passed in their current form. The
DEP reminded the HMC that once the ordinances are adopted, they must be
submitted to the DEP for final approval pursuant to CGS Section 15-136.
The RTM approved the amended waterways regulations ordinance.
The amended waterways regulations were incorporated into the Waterford Harbor
Management Plan and the Plan was sent to the CT Department of Energy and
Environmental Protection (DEEP) for final approval prior to publication.
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PREFACE
The Waterford Harbor Management Plan (the Plan) was re-published on October 1, 2012, as a
result of the efforts and dedication of the following Waterford Harbor Management Commission
(HMC) members:
Robert Blinderman; Robert Dutton; James Hamsher; Eleanor Mariani; Philip Fine, member since
05/15/12; Carlton Saari; and Brian Sullivan, member until 03/01/10.
The Plan was prepared in accordance with the Connecticut Harbor Management Act (Sections
22a-113k through 22a-113t of the Connecticut General Statutes) and the Waterford Code of
Ordinances which establishes the duties and responsibilities of the Waterford Harbor
Management Commission (Commission).
The Plan provides for the important mechanisms by which to increase the Town’s influence and
control over its waterways. The Plan has been written to provide for stringent requirements, yet
provides enough flexibility for certain case-by-case decisions by the Commission. The overall
Plan allows for the attainment of goals as set forth by the Plan with a minimal amount of
disruption to the overall use of the waterways.
The Plan, along with Town Ordinances, provides for more coordination among town, state and
federal agencies responsible for the overseeing and care of the Town’s waterways. The Plan also
provides for more awareness by other Town agencies of the concerns of the overall harbor
Management area.
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THE WATERFORD HARBOR MANAGEMENT AREA
Coastal Area Setting
The Town of Waterford is situated in the Southeastern part of Connecticut on the northern shore
of Long Island Sound. The area has a rich history, much of which revolves around the
waterfront and the Sound, which are some of the Town’s most valuable natural resources. These
resources vary from embayments, estuaries, beaches, rocky shorefronts, to wetlands, mudflats,
and to river drainages, all of which provide for various uses of the water and shorelines in the
Town.
Waterford is bordered on the north by the Town of Montville, on the east by Ledyard, Groton
and New London, and on the west by the Town of East Lyme. The total area of the Town is
approximately 34.4 square miles with a population currently near 18,850 which yields a density
of about 550 people per square mile.
Jurisdiction
The jurisdiction of this Harbor Management Plan is:
The area of navigable waters below mean high water within the territorial limits of the Town of
Waterford and bordered by the projection of the boundary line of neighboring municipalities
delineated by but not limited to the following harbor areas;
A. The easterly portion of the Niantic River and Bay as defined by the common boundaries
between the Towns of Waterford and East Lyme extending south from the outlet of Oil
Mill Brook including the area of Keeney Cove South of the Oswegatchie Road Bridge;
B. North of a line extending from White Rock to Rapid Rock, easterly from the
Waterford/East Lyme border to the Waterford/New London boundary, Cormorant Rock,
including the area of Jordan Cove to the Jordan Mill Pond Dam and Alewife Cove to the
Route 213 Bridge; and
C. Thames River area north and west of a line extending from the boundaries between the
City of New London and Waterford just south of Harrison’s Landing running Northwest
of the navigable channel to the Thames River to the boundary between the Towns of
Montville and Waterford at Bartlett Point, including Smith Cove to the outlet of Hunts
Brook.
This area is known as the Waterford Harbor Management Area. While this area is made up of
varied aspects the two dominant features are the Niantic River and Bay and the Thames River,
both of which serve many different activities.
The Niantic River varies in depth from 1 to 19 feet with a federally maintained navigational
channel of 6 to 8 feet. The river reaches its maximum depth at the narrowest point at its northern
reaches. It is shallowest and widest at its southern portion. The Thames River is dominated by a
large zone restricted by the U. S. Navy (See Appendix E). A federally maintained channel has a
project depth of 25 feet; however, the Waterford side of the river is characterized by depths of
water that average | to 3 feet. The maintenance of the federal navigational channel in the
Niantic River is the responsibility of the Army Corps of Engineers, however, the towns of
Waterford and East Lyme have agreed to furnish upland dredge disposal sites if available and
needed.
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The remainder of the shorefront varies from mudflats, beaches, coves, and wetlands, to
residences and other manmade structures. The area has many features and zones from
commercial and residential to open spaces, with areas that are developed to areas that are
maintained in their natural state.
History
The original commercial ventures in the Town of Waterford were the paper mills because of the
easy access to timber and water energy sources. These ventures were operated in the Quaker
Hill area in the vicinity of Hunts Brook. The area eventually supported many other water related
activities such as fishing, shellfishing, whaling and shipbuilding. As was usually the case when a
community developed, a grist mill was built at Jordan Cove.
The area also supported a rather large quarry industry near the water; the quarry at Millstone
Point was one of the largest in the region. As times changed the quarry industry succumbed to
progress and the Millstone Point quarry was replaced by one of the largest nuclear reactor
facilities for the production of electrical power in the Northeast.
Land Use
The industrial and commercial uses of Waterford’s shorefront are centered around the Niantic
River and Bay area. The remainder of the waterfront area is mostly residential with some open
spaces and some public areas for recreation. The Niantic River and Bay and the Thames River
offer the greatest potential for development of further water dependent uses.
Because of the extensively developed nature of Waterford’s waterfront, public access is limited.
Acquisition of additional waterfront property for public use and the development of existing
waterfront property for public use and enjoyment are desirable.
Historically, the development of the waterfront took place with little or no regard to coastal
flooding and erosion. Structures such as seawalls and groins were typically employed to solve
these problems. Because of the temporary and often detrimental effects of these structures, the
Town of Waterford has pursued and is encouraging non-structural alternatives to flood and
erosion problems consistent with the Connecticut Coastal Management Act.
Water Use
Waterford’s waterfront areas contain a number of structures below mean high water including
slips, public and private docks, groins and breakwaters.
The U. S. Army Corps of Engineers maintains the two federal navigation channels. Dredging
has been performed as needed to maintain the channels. The disposal of the dredged material in
the Thames River project is the responsibility of the United States. The disposal of the dredged
material in the Niantic Harbor project is the joint responsibility of the Corps and the Towns of
East Lyme and Waterford as determined by the Assurance accepted by the U. 8S. Army on behalf
of the United States of America 29 April 1968.
There are moorings now located within the harbor areas. It appears that no one currently lives
aboard any vessels within the Waterford Harbor Management Area, but this type of use is
becoming commonplace elsewhere and it appears that such use could be anticipated in Waterford
and will be monitored by the Harbor Management Commission.
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Boating, swimming, water-skiing, jet skiing, fishing, shellfishing and lobstering are additional
seasonal uses of the waters of Waterford. However, these uses occasionally conflict when they
occur within the same general area.
Authority
Several federal, state and local agencies have authority over various activities in and adjacent to
the waterfront areas. The agencies perform different, but often overlapping functions in the
regulation of harbor activities. The key agencies with administrative control or interest in the
Waterford waterfront areas include:
Federal Level
U. S. Army Corps of Engineers
U.S. Coast Guard
U.S. Navy
State Level
Department of Agriculture
Aquaculture Division
Department of Energy and Environmental Protection
Bureau of Outdoor Recreation Boating Division/Law Enforcement
Bureau of Natural Resources Fisheries Division
Office of Long Island Sound Programs
Bureau of Water Management/Planning & Standards Division — Permit
Enforcement & Remediation Division
Department of Health Services
Department of Transportation
Bureau of Waterways
Aviation & Port
Local Level
Board of Selectmen
Conservation Commission
Economic Development Commission
Fire Department
Flood and Erosion Control Board
Harbor Management Commission
Health Director/Health District
Parks and Recreation
Planning and Zoning
Police Department
Representative Town Meeting
Shellfish Commission
Utility Commission (Water Pollution Control Authority)
Waterford-East Lyme Shellfish Commission
Zoning Board of Appeals
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Harbor Management Issues and Goals: Town of Waterford
1,
Waterford’s boating activity occurs along the Long Island Sound shoreline and in the
numerous bays, coves and rivers. Boating, particularly vessels capable of navigating open
water, emanates mostly from the Niantic River and Jordan Cove. Private Marinas and
charter and commercial fishing operations line the eastern shore of the lower Niantic River
around Mago point. A state launch area with parking for vehicles is located at Mago Point,
and another one with parking for vehicles is located at Pleasure Beach on Jordan Cove. The
development of a marina along Waterford’s Thames River shoreline has been discussed and
is in process. Limited small boating takes place in Alewife Cove. Many private residences
along the east side of the Niantic River, on Jordan Cove, Smith Cove and other areas have
their own docks and moorings.
a. Protected anchorage areas are extremely limited, especially for sea-going vessels.
Permanent mooring areas are feasible only in the Niantic River, in Jordan Cove and on
the Thames River, most of the rest of the shoreline being open and unprotected.
Protected shellfish beds take up a great deal of space in the Niantic River. Other
shoreline areas including Alewife Cove do not lend themselves to moorings. The intent
of the Waterford Harbor Management Commission is to prevent unbridled proliferation
of permanent moorings, especially commercial and multi-vessel moorings, that will cause
congestion and adversely affect Waterford’s water-dependent usage on the land side as
well as the water side. The Commission recognizes waterfront residents’ littoral and
riparian rights and their traditional prerogative to anchor vessels on their own moorings
in waters adjacent to their properties. Waterford to date has experienced very little in the
way of problems associated with overuse.
b. It is the intent of the Commission to propose regulations regarding these limited existing
boating facilities to encourage the most efficient utilization of the waterfront for the best
benefit of the public, to maintain the status quo where appropriate, to help the Town
prevent encroachment by non-boating interests, and to give highest priority and
preference to water dependent uses in suitable waterfront locations. The Commission
will regulate and distribution of mooring locations to ensure equitable, efficient and safe
usage with special attention given to the protection of shellfish, fish and wildlife habitat
and other environmental concerns. The Commission will investigate and pursue
opportunities for the development of new areas and for improving existing areas for
public access and use.
c. The Commission will encourage non-structural solutions to flood and erosion problems
where feasible and where there are no environmentally satisfactory alternatives, to
encourage minimally intrusive constructions along the shoreline.
d. The Commission will establish a Harbor Management Fund to be used in the
administration and conduct of the Commission’s business.
e. The Commission will strive to preserve the maritime character of the waterfront where
possible and recommend against incursions of any type that tend to degrade the area’s
sensitive natural environment or destroy the pleasant ambiance of Waterford’s shoreline
that the Town presently enjoys.
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Waterford’s coves are subject to silting. Alewife Cove has recently been dredged, but it
is again filling. Jordan cove and Smith Cove on the Thames River are experiencing
similar problems. The Commission will monitor developing problems in this regard and
advise the Flood and Erosion Control Board.
Federal channels are maintained in the Niantic and Thames Rivers. A major presence of
the U. S. Navy and U. S. Coast Guard on the Thames River tends to reduce the
Commission’s responsibilities for that channel. The Niantic River channel, except for
that portion located at the very mouth of the river, is a good distance from Waterford’s
shoreline. The Commission intends to monitor any structural encroachment — fish weirs,
moorings, pilings, and so forth — and report such to the proper authorities, and work to
discourage the dredging of new or expanded federal or local navigational channels,
basins and anchorages unless critically necessary.
Many agencies, local state and federal, have responsibilities regarding the protection of
wetlands, wildlife and fishing. In particular, Waterford has its own Shellfish
Commission and participates in the Waterford-East Lyme Shellfish Commission which
regulate the harvesting of oysters, clams and the internationally famous Niantic scallops.
The Commission will provide what apropos information and advice it may have to
support these agencies in the enforcement of their regulations.
Waterford has town owned beaches plus several other semi-private beaches, some of
which are long standing and traditional swimming areas. In cases where these do not
comply with the state buoying and other regulations, the commission will inform those
responsible and aid them in compliance where possible.
The Commission sees a duty to enhance where possible water related recreational
activities. However, in order to minimize potential conflict between competing activities,
such as water-skiing, sailing, shellfishing, fishing, boating and swimming, the
Commission will promulgate appropriate regulations to resolve conflicts between
competing users in a manner which provides for the safe, orderly and efficient use of the
water and waterfront by the public and provide the environment for a safe harbor and
shore access for transient vessels.
The commercial and charter fishing businesses located in the Mago Point area of the
Niantic River are significant and appropriate economic resources for the Town of
Waterford. They are essentially self-regulating and self-enforcing with regard to state
law and Town ordinances. They are well-run, long standing businesses, some of which
date back to the early part of this century, and the Commission sees no need at present to
change any regulation or to promulgate new ones regarding them.
The water quality of Waterford’s shoreline, coves, bays and estuaries is subject to the
ever present danger of pollution from accidental and purposeful discharges of waste,
trash, debris and untreated sewerage. The Commission will advise the enactment of
pertinent laws to prevent or minimize such pollution. The Commission will endeavor to
define the waters of the Town of Waterford as a no-discharge zone and encourage the
installation of pumpout facilities for vessels with toilets where possible.
The Commission will advise the Waterford Police Department to take action for the
removal of derelict vessels which pose potential pollution or navigational hazards in
accordance with section 15-9 of the General Statutes.
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10.
11.
The Commission notes that some waterfront communities in Connecticut have
experienced problems relating to so-called “liveaboards/houseboats” and recognizes
Waterford’s susceptibility. Although nothing of the kind currently exists within its
jurisdiction, the Commission will recommend ordinances regarding liveaboards or
houseboats.
The Commission foresees the necessity of coordinating information and activities among
the various agencies, commissions, departments and individuals with interests along the
waterfront. Where it has expertise, the Commission will offer advice and assistance to
departments such as police, fire, flood and erosion and the like. The Commission will
also encourage adequate personnel to enforce pertinent regulations, and provide access to
available resources (e.g. funds, information, and volunteer manpower) that support water
development activities.
The Commission intends to work closely with the Long Island Sound Councils to carry
out their long term goals and objectives for the improvement of the water quality of the
Sound and the enhancement of uses for the Sound.
Policies and Recommendations: Town of Waterford
To implement the goals presented in the previous pages the following policies and
recommendations are part of the Waterford Harbor Management Plan:
1.
Waterford Water Use Plan
The Waterford Water Use Plan can be viewed in Appendix D and presents the Harbor
Management Commission’s recommendations for conservation, development and use of
Waterford’s waterways. In accordance with Section 22a-113n of the Harbor Management
Act, all state and municipal regulatory decisions within the area of the Harbor Management
Commission’s jurisdiction shall be consistent with this water use plan, unless contrary
actions are supported by a “show cause” justification.
A. Preservation of Coastal Resources
The preservation and improvement of significant natural resources in Waterford is
consistent with the Connecticut Coastal Management Act and the Waterford Municipal
Coastal Program and is further supported by the Waterford Harbor Management Plan.
(1) Shellfish Resources
Significant shellfish concentration areas, as mapped by the Division of
Aquaculture within the Department of Agriculture and refined through
consultation with the Waterford Shellfish Commission, have been designated.
The Harbor Management Commission should periodically consult with the
Shellfish Commission and update the water use plans if changes become
necessary. Shellfish plans are included with Appendix D.
Within designated shellfish resource areas, the following policies shall apply:
(a) The cultivation, transplantation, harvest and general management of shellfish
shall have priority over all other uses within designated shellfish resource areas.
This should not, however, be construed to deny a riparian owner’s access to
navigable waters as long as such access will not create a significant adverse
impact to the shellfish habitat.
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(2)
(b) New navigation channels, turning basins, fairways, berthing areas, mooring
areas and anchorages shall not be dredged in designated shellfish concentration
areas nor should any new structures such as docks, pilings, breakwaters, groins, or
sea walls be placed in designated shellfish concentration areas unless it is
demonstrated that the effected resource area has been permanently depleted or
that no other feasible alternative exists and that any adverse impact to the shellfish
resources are fully mitigated to the satisfaction of the Waterford and Waterford-
East Lyme Shellfish Commissions.
(c) Moorings and anchoring are not prohibited in shellfish resource areas but the
Harbor Master shall consult with the Waterford-East Lyme Shellfish Commission
or the Waterford Shellfish Commission in the issuance of new mooring permits.
Discharges are discouraged in shellfish areas.
Tidal Wetlands, Intertidal Flats, Eel Grass and Other Submerged Aquatic
Vegetation
Tidal wetlands and intertidal flats are to be construed as one of the Town of
Waterford’s greatest assets and the following policy shall apply:
(a) The priority use for tidal wetlands and intertidal flats is preservation, limited
uses and structures may receive regulatory approval if the resource impacts are
minimal, no feasible alternatives exist and the use is of utmost importance to the
well being of the community.
(b) The ecological values of intertidal resources for habitat, breeding, nutrient
productivity, storm water retention and pollution control are well established and
as such the use of these areas should be discouraged except in extreme cases of
importance. This habitat is a non-renewable resource and the eel grass is of
utmost importance in the production, growth and survival of the Niantic Bay
scallop larvae.
B. Structures
To ensure the orderly, safe, and efficient use of designated mooring areas, anchorages,
fairways and other navigational areas, the following policies shall apply to new
applications:
(1)
(2)
(3)
There shall be a fifteen (15) foot setback of all new structures from any
designated channel, turning basin, fairway, mooring area, or anchorage in the
Niantic River and Bay area and a fifty (50) foot setback from the Thames River
federal channel. Existing structures which extend into the setback area may be
subject to periodic removal, if required, for maintenance dredging.
No vessels at a dock permitted after the adoption of this plan shall extend into the
limits of the channel, fairway, turning basin, mooring or anchorage setbacks, as
delineated on the water use plan.
There shall be a ten (10) foot setback of new structures from property line
extensions into navigable waters where practicable. This should not, however, be
construed to deny a riparian owner’s access to navigable waters. Setback
requirements may be waived if some legitimate coastal and/or harbor
management objective such as resource preservation is furthered.
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C. Special Regulations
To resolve identified conflicts between harbor uses and to promote public safety, the
following policies are incorporated into the water use plan:
(1) To prohibit swimming in all designated channels and fairways as delineated on
the water use plan and encourage the same to take place in designated swimming
areas only.
(2) To maintain unobstructed channels and fairways to promote safe passage of
vessels.
(3) To encourage water-skiing, swimming and boating in designated areas where
safety permits.
D. Public Access
Consistent with the Connecticut Coastal Management Act and the Waterford Coastal
Program, public access to Waterford waters should be preserved and improved together with
all proposed waterfront use and development. Accordingly, the following policies shall
apply:
(1) No proposed structures or uses shall restrict existing public access.
(2) Plans reviewed by the Harbor Management Commission in accordance with
Section 22a-113p of the Harbor Management Act shall be examined for potential
impacts to existing or needed public access. The provisions of additional public
access in conjunction with proposed plans is encouraged and will be viewed
favorably by the Harbor Management Commission.
2. Harbor Administration
In order to meet its stated objectives, it is recommended that the Commission function
within an administrative framework regulated by municipal ordinances contained in Chapter
2.82 of the Town of Waterford Ordinances and enforced by the harbor master or his
designee. The harbor management plan proposes the following administrative framework:
A. Review of Local Plans
In accordance with the provisions of Section 22a-113p of the Harbor Management Act
and Section 2.82.010 of an Ordinance Creating a Harbor Management Commission, the
following local boards and commissions must notify the Harbor Management
Commission of any and all pending proposals for real property in, on, or contiguous to
Waterford waterways under the jurisdiction of the Harbor Management Commission as
set out in Section 2.82.060 of the Waterford Ordinance:
(1) The Planning and Zoning Commission
(2) The Zoning Board of Appeals
(3) Shellfish Commission
(4) Flood and Erosion Control Board
(5) Utility Commission (Water Pollution Control Authority)
(6) Building Board of Appeals
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The Commission will establish a procedure to receive proper notification in conformance
with Section 22a-113p of the Harbor Management Act and plans will be reviewed at
regularly scheduled meetings of the Harbor Management Commission. All meetings shall
be open to the public. The Commission shall determine the consistency of any such
proposal with the harbor management plan. Upon receipt of a finding of inconsistency by
the Commission, the primary reviewing agency (e.g., Planning and Zoning Commission)
may approve a project, but a two-third majority vote is required to do so.
B. Establishment of a Harbor Management Fund
In accordance with Sections 22a-113s of the Connecticut General Statutes, the Town of
Waterford shall establish, by ordinance, a harbor management fund to provide for the
costs associated with administering the harbor management plan. The ordinance shall
specify terms of the fund, sources of revenue, and permitted expenditures.
C. Harbor Master
The Commission shall nominate three names to the Governor for recommendation to the
office of Harbor Master, who shall be appointed by the Governor, in accordance with
section 15-1 of the General Statutes. The Commission shall nominate those with an
appropriate marine background, which may include but is not limited to United States
Naval, Coast Guard, or Merchant Marine experience, ten years of recreational boating
experience in the local waters of the town, five years experience in commercial fishing or
commercial recreational boating, or five years of work experience in any appropriate
regulatory, scientific or engineering field related to marine waters. All nominees shall
possess either a safe boating certificate issued by the Commissioner of Environmental
Protection or a United States Coast Guard vessel operator license as required of boat
operators by section 15-140e of the General Statutes.
In addition to existing powers and duties, the Waterford Harbor Master shall assume the
following duties in accordance with Sections 22a-113k, 22a-113r, and 22a-113s of the
Harbor Management Act:
(1) Act as a non-voting, ex-officio member of the Harbor Management Commission.
(2) Issue permits for all moorings.
(3) Keep records of the location of all moorings, users and vessels within the designated
mooring areas.
(4) Prepare and make available a current waiting list for mooring permits, if demand is
greater than the number of moorings available in any given year.
(5) Collect mooring permit fees annually for deposit into the harbor management fund.
(6) Enforce any ordinance or provisions of the harbor management plan.
D. Mooring Administration
In order to provide for the proper administration of the moorings in the town of
Waterford, it is provided that:
(1) All moorings are to be located according to approved and designated locations.
The harbor master or his/her deputy shall have the right to inspect moorings
before placement, and issue an annual permit after determining that a mooring has
been properly located and qualified.
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
Mooring permits must be renewed annually. An annual fee shall be collected by
the harbor master prior to the issuance of a mooring permit. The fee shall be
posted in the office of the town clerk.
New applications for available mooring locations shall be allocated on a first-
come, first-served basis, with due regard for the right of access of riparian owners.
See paragraph (i). First preference shall be extended to those with existing
moorings in approved and designated mooring areas. A minimum of ten percent
(10%) of all mooring areas will be reserved for transient anchorage, subject to
adjustments dictated by local demand. Every effort will be made by the harbor
master to accommodate specific needs due to draft, beam, length, and available
access from the shore. However, it should be noted that one-hundred percent
(100%) of the designated mooring areas may not be available in any given year as
a result of unusual shoaling. The harbor master may revise this allocation as
necessary in such instances. A permit holder shall have priority rights to the same
mooring each year if renewed by March 31 following the permit year.
In accordance with Section 22a-113r of the Connecticut General Statutes, the
harbor master will keep records of users, vessels, and locations of each mooring.
The harbor master shall keep a current waiting list available for public inspection,
if necessary.
Private mooring permits are issued to an individual permittee for his/her personal
use and may not be leased, sold, or transferred, except in limited circumstances.
Minimum mooring tackle is required to avoid mooring failure. Mooring buoys
shall comply with all requirements of the United States Coast Guard, including
those listed in Title 33 as § 62.35, § 66.10-45 in the code of Federal Regulations.
Additional requirements are described in Appendix B.
Mooring permits shall be issued only for those designated mooring areas which
will not adversely affect the coastal resources protected by this plan.
Issuance of mooring permits may be influenced by location of household and
commercial fishing status.
E. Transient Anchorage Use
To ensure the equitable and efficient use of the transient anchorage areas (See Appendix
D for areas), the following policies shall apply:
(1)
(2)
(3)
Vessels anchoring in the area adjacent to any boat launch ramp within the town
shall not restrict access of ramp users or marina users to the channel.
The transient anchorage adjacent to any boat launch ramp within the town is
designated for short term use only. Vessels may remain anchored in this area for
a period not to exceed three consecutive days.
Vessels in all designated transient areas shall be anchored securely and properly.
A transient anchorage area is located in the middle of the lower Niantic River.
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(4) Operators of transient vessels may go ashore during the three days, but may not
leave the Waterford area without first notifying the Waterford harbor master.
F. Boating, Safety and Traffic
To ensure the safe and efficient movement of vessels in Waterford, it is recommended that a
series of rules and regulations be enacted by ordinance to:
(1) Limit vessel speed and wake to protect other vessels, persons and structures as
well as the shoreline from erosive wave action.
(2) To enforce regulations and provisions of the water use plan to ensure proper uses
of the waters.
(3) Provide the means for enforcement of all municipal, state and federal regulations
and laws pertaining to any water vessel to prevent harm to persons, structures and
other vessels.
G. Town Facilities
To ensure the safe and efficient use of town-owned water facilities, it is recommended that
rules and regulations be enacted by ordinance to regulate the use of any town boat launch
ramps, landing areas and transient anchorage areas.
H. The Use of Vessels as Abodes
The use of berthed, anchored, or moored vessels or structures as seasonal or permanent
residences (as distinguished from short-term use of a vessel for sleeping quarters) or other
non-water-dependent uses should be closely monitored. The non-water-dependent use of
vessels or structures is not an appropriate use of public trust waters and may preclude
recreational and commercial vessels from utilizing slips and other water areas.
Short-term use of a berthed, anchored or moored vessel for living quarters should be
consistent with all town, state, and federal regulations that address vessel registration,
navigation, anchoring, lighting, and other pertinent concerns, and with the availability of
land-based support facilities and utilities, including sewage disposal facilities.
I. Mooring Application Priority for Shorefront Property Owners
The owner of shorefront property may apply to place a mooring for his/her private use
within the closest mooring area in immediate proximity to his/her property. In the event of
the existence of a mooring application waiting list, this application shall take precedence
over other applications for permits within such mooring area. A limit of one private
mooring per shorefront property will be permitted within established mooring areas.
Applications for shorefront property moorings shall be reviewed with due regard for the
suitability of the mooring area to accommodate the property owner’s vessel.
Priority for issuing mooring permits shall be given only to those shorefront property owners
utilizing the mooring as the preferred means of exercising a riparian or littoral right, thereby
securing access to navigable waters. Property owners who already exercise a riparian or
littoral right in some other fashion (i.e., private dock) are still eligible to apply for a mooring
within a mooring area; however, those applications will be added to the existing waiting list
in order of their receipt and will not be afforded the priority status outlined above.
15 03/14/13

Ordinance for the Establishment of Rules and Regulations for the
Management of the Town of Waterford Waterways
Preamble
WHEREAS, the Town of Waterford has established a harbor management commission and
prepared a harbor management plan pursuant to the requirements of Sections 22a-113k through
22a-113s of the Connecticut General Statutes and other related legislation, and
WHEREAS, the Town of Waterford desires to manage its waterways resources effectively and
plan for the most desirable use of the waterways for conservation, recreation, and development,
and
WHEREAS, the Town of Waterford supports the use of rules, regulations, and enforcement
policies as the most effective and responsible means to ensure that the policies and
recommendations of the harbor management plan are implemented,
THEREFORE, the Representative Town Meeting hereby enacts the rules, regulations, and
enforcement policies for the management of the waterways of Waterford as hereinafter set forth.
The effective date of this ordinance shall be October 1, 1999.
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Section 1.
Section 2.
Section 3.
Section 4.
2.82.100 Waterways Regulations
(amended and adopted by the RTM on 05/07/12)
ARTICLE I
General Provisions
Applicability
The provisions of the ordinance codified in this section and any rules and
regulations adopted pursuant to this section shall be applicable, and shall govern
the use of waters and facilities under the jurisdiction of the harbor management
commission pursuant to the Town of Waterford harbor management plan. The
harbor management commission may from time to time amend the rules and
regulations of this section.
Invalidity of Provisions
Should any provision or provisions of this section be held invalid or inoperative,
the remainder shall continue in full force and effect as though such invalid or
inoperative provisions had not been determined.
Authorities
a. The harbor master, or deputy, if appointed, shall have the authority to carry out
harbor management directives and will act in coordination with the Waterford
Police Marine Division, Connecticut Department of Energy and Environmental
Protection, and other law enforcement agencies as necessary and appropriate to
achieve effective enforcement of State and local boating laws and regulations
on waters under the Town of Waterford’s control. The harbor master’s
responsibility in this regard shall be carried out in a manner consistent with all
applicable federal, state and local laws, statutes, regulations and ordinances
including but not limited to Section 15-154 of the Connecticut General Statutes
b. The harbor management commission shall review and may make
recommendations regarding all applications for permits or approvals for all
floats, structures, and other marine facilities within waters and land under its
jurisdiction.
c. With respect to subparagraph (a), please note that, according to a decision by
the Attorney General’s Office, only Police Officer Standardized Training
(POST) certified harbor masters may enforce boating laws. Therefore, harbor
masters have no law enforcement powers unless they are POST-certified police
officers. Accordingly, unless the Waterford harbor master is POST-certified,
the harbor master may not enforce boating laws.
Violations
Any violation of this section shall be a municipal infraction and is punishable by a
fine for each offense per Section 15-133 of the General Statutes. Fines levied under
the provisions of this section shall be collected and deposited into the Waterford
harbor management fund. Nothing in this subsection shall preclude the imposition
of a greater penalty as provided for under federal statues or the laws of the state of
Connecticut.
17 03/14/13

Section 5.
Section 6.
Section 1.
Section 2.
Section 3.
Section 4.
Harbor Management Fund
A harbor management fund is created to receive and expend money for harbor
management purposes determined by the harbor management commission. All
revenues generated by (a) mooring permits; (b) fines levied under the provisions of
this section; and (c) the state boating registration fee returned to the town shall be
deposited into this fund. Funds shall be disbursed for purposes directly associated
with the management of harbors and implementation of the Waterford harbor
management plan. Money from this fund may be allocated to the harbor master or
his deputy, if appointed, for the purpose of enforcing the provisions of the
Waterford harbor management plan and/or the Harbor Management Ordinance. The
harbor management fund shall be established, budgeted, and administered in a
manner consistent with the town charter.
Water Use Plan Map
Proposed uses, structures, and activities within the harbor shall be consistent with
the adopted water use plan maps. The water use plan maps may be amended by the
harbor management commission in accordance with the procedure for harbor
management plan modifications in the Connecticut Harbor Management Act. (See
maps in Appendix D.)
ARTICLE I
Harbor Regulations
Liability
The Town of Waterford harbor management commission, commissioners, and
harbor master shall not by adoption or administration of this section assume any
risk of personal injury and damage or loss to property on account of accident, fire,
theft, vandalism, storm or acts of God.
Vessel Speed
Vessel speed shall be strictly enforced in accordance with the provisions of Section
15-16 of the Connecticut General Statutes on that portion of the Thames River
within the Town of Waterford. On the Thames River, no vessel when operated
within two hundred feet of a dock, pier or wharf shall move at a speed greater than
six miles per hour or at a speed that causes more than a minimal wake, whichever
speed is less. In Alewife Cove vessel speed shall be restricted to six miles per hour.
Vessel speed in all Waterford waterways shall be strictly enforced by state or local
police.
Obstruction of Channels, Fairways, and Berthing Space
a. No vessel shall be moored, anchored or berthed so as to interfere with the free
and unobstructed use of channels, fairways or berthing spaces per Section 15-
133 of the General Statutes.
b. No fixed commercial fishing gear shall be permitted in channels or fairways in
accordance with DEEP Regulation 26-142a-3a(d).
Swimming Areas
a. Swimming Is allowed in designated swimming areas as established by DEEP
permit as long as the area is maintained as required. Swimming is prohibited in
all designated channels and fairways.
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Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
b. Vessel operation in and around swim areas permitted by the DEEP is regulated
by Section 15-121-B12 of the Regulations of Connecticut State Agencies.
Water-skiing
Water-skiing is permitted in certain designated open water areas only, as delineated
by the water use plan.
Discharge of Refuse
The provisions of Connecticut General Statutes Section 22a-250, inclusive, shall be
strictly enforced with respect to discharge of refuse.
Sewage
The discharge of any sewage, whether treated or not, into the waters within an area
designated by the EPA as a no discharge area is prohibited from all vessels.
Lost and Found Property
The finder of lost property within the harbor shall deliver or report its identity and
location to the Waterford police department.
Launch Service Signal
A "T" flag or radio is recommended. No person shall use an audible signal to call a
launch, except when fog obstructs vision to the shore.
Signs: Erection/Maintenance
The harbor master may place and maintain, or cause to be placed and maintained,
either on land or water, signs, notices, signals, buoys or contro! devices in
accordance with DEEP regulations established by the Commissioner of
Environmental Protection and in accordance with federal statutes and regulations to
carry out the provisions of this section or to secure public safety and the orderly
and efficient use of a harbor or marine facility.
Abandoned Vessels
When a vessel has been abandoned in the harbor, the harbor master may take
custody and control of such vessel in accordance with Connecticut General Statutes
Sections 15-1la and 15-140c and remove it, store it or otherwise dispose of it, all at
the expense and sole risk of the vessel owner. Reasonable notice of such disposal
shall be publicly given.(See Connecticut General Statutes Sections 15-8a and 15-9.)
Mooring or Berthing
A person having charge of any vessel shall not make it fast or secure it to any dock,
jetty, breakwater, bulkhead, wharf, pier, or mooring without the owner’s
permission to do so except in an emergency, in which case such person shall
immediately report the emergency to the 911 operator and thereafter act in
accordance with instructions.
Unseaworthy Vessels Prohibited in Waterways
A person shall not moor or berth or permit to be moored or berthed in the waters of
the town under jurisdiction of the harbor management commission a vessel which
is unseaworthy, in a badly deteriorated condition and which is likely to sink or to
damage docks, wharves, floats or other vessels or which may become a menace to
navigation, except in cases of emergency.
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Section 14.
Section 15.
Section 16.
Section 17.
Section 1.
Section 2.
Section 3.
Fees Incidental to Recovery, Movement and Storage
Charges may be imposed by the harbor master for recovery and/or movement of
vessels whenever a vessel is moved, impounded or held as a result of violations of
this section.
Noise Abatement
No person shall operate, occupy or leave a vessel in such manner as to constitute an
audible nuisance. This prohibition includes, but is not limited to, operating a motor
boat without an adequate muffler as provided under Connecticut General Statutes
Section 15-129, loud and/or offensive language or behavior, and playing radios,
musical instruments or other noise producing devices so loudly as to constitute a
nuisance. No person shall leave a vessel without securing all halyards and other
noise-producing objects in such a manner as will effectively prevent the production
of noise under a