# COMAR Title 08 — Department of Natural Resources

## Subtitle 04 — Boating

### Chapter 13 — Mooring Devices

**Authority:** Natural Resources Article, §8-704(b), Annotated Code of Maryland

**Administrative History:** Effective date: May 18, 1979 (6:10 Md. R. 840)

**Administrative History:** Regulation .03 amended effective September 3, 1990 (17:17 Md. R. 2078); September 17, 2001 (28:18 Md. R. 1620)

**Administrative History:** Regulation .04 amended effective June 15, 2009 (36:12 Md. R. 836)

#### Regulation .01 Statement of Purpose and Requirements.

*COMAR 08.04.13.01*

A. These regulations are promulgated to establish procedures and criteria for the placement of moorings in the waters of the State in order to prevent the placement and use of moorings from interfering with access to and use of the waters of the State by the general public and in order to protect public safety and welfare, commercial fisheries, and recreational interests in the waters of the State.

B. Individual mooring buoys in place before the effective date of these regulations shall comply with the general conditions set forth in Regulation .02. Stakes and pilings in place before the effective date of these regulations shall comply with the conditions stated in Regulation .02A and C(2). Individual moorings established after the effective date of these regulations shall comply with the general conditions set forth in Regulation .02, of this chapter.

C. Group moorings established before the effective date of these regulations shall comply with the conditions set forth in Regulations .02 and .03 within 1 year after the effective date. Group moorings established after the effective date of these regulations shall comply with the conditions set forth in Regulations .02 and .03, of this chapter.

#### Regulation .02 General Conditions.

*COMAR 08.04.13.02*

A. Moorings may not be established in the following areas.

  (1) Public shellfish beds;

  (2) Private shellfish beds, unless permission is obtained from the leaseholder;

  (3) Cable crossing areas.

B. Moorings may not be placed in such a position that the arch of the swing extends into a marked or unmarked channel, including navigational main channels as designated by the U.S. Coast Guard, or in a manner which interferes with the operation of or access through any bridge.

C. Moorings shall be placed in such a position that:

  (1) The area encompassed by the arc of the swing does not extend more than one-third the open water distance from the mean high water line on one shore to the mean high water line on the opposite shore; and

  (2) The arc of the swing does not impede or obstruct access to the land of any riparian property owner, the access to and proper use of any public access point, or otherwise hinder the orderly access to and use of the waterways by the general public.

#### Regulation .03 Group Mooring Registration.

*COMAR 08.04.13.03*

A. A person may not establish a group mooring unless validly registered with the Department or a designated local government authority.

B. Mooring registration forms are available from the Maryland Department of Natural Resources, 580 Taylor Avenue, Annapolis, Maryland 21401.

C. Registration for group moorings shall be on a form provided by the Department, and registration shall contain the following information:

  (1) The name of the person applying for the moorings;

  (2) The name, address, and telephone number of an individual responsible for control of the moorings;

  (3) County and name of the body of water where moorings are to be located;

  (4) A copy of a nautical chart or topographic map showing the area in which the moorings are to be placed;

  (5) The type and number of moorings;

  (6) For applications covering ten or more moorings, a map or sketch plan at a scale of 1 inch equals 200 feet, showing how the moorings are to be established, the adjacent shoreline, any structures attached to that shoreline and any existing moorings;

  (7) Any other information requested by the Department.

D. Group moorings may be established if:

  (1) The moorings meet the general conditions set forth in Regulation .02 of this chapter;

  (2) The applicant demonstrates that the moorings will not interfere with the access of adjacent property owners to their property;

  (3) Access to riparian property in the vicinity of the mooring is available to the applicant;

  (4) On-shore sanitary and solid waste disposal facilities meet all applicable State and local standards;

  (5) The applicant meets any special conditions specified by the Department as needed for the protection of public health, safety, and welfare.

E. The Department shall be notified of any modification of the original registration due to:

  (1) A change in the location of the moorings;

  (2) A change in the number of moorings established.

F. Each group mooring registration established under this regulation shall be valid for 3 years. A person may renew an existing group mooring by certifying to the Department that the group moorings have been established and used during the year preceding the renewal, and there is no change in the location or number of moorings. Group moorings established before the effective date of this section shall be renewed within 1 year of the effective date of this section.

G. The Department shall mail registration renewal forms to each applicant for a validly registered group mooring and the person responsible for control of the moorings at least 60 days before the expiration of the group mooring registration.

#### Regulation .04 Local Government.

*COMAR 08.04.13.04*

A. A local government may certify that it will administer its own program, which may encompass all or part of the standards set forth in this regulation, after showing that it has adequate legal authority to impose the conditions set forth in these regulations.

B. A local government may be exempted from these regulations if it submits a request in writing to the Department of Natural Resources and the Department determines that the exemption will not adversely affect the public safety and welfare. Upon this determination the Department will issue a general permit for the placement of moorings in the waters under the local government's jurisdiction.

#### Regulation .05 Enforcement.

*COMAR 08.04.13.05*

A. An owner of a mooring found in violation of these regulations will be held responsible. The violation will be treated as any other violation of the Natural Resources Code and a citation issued.

B. The enforcement provisions in these regulations may not be exercised until 60 days after the promulgation of these regulations.

#### Regulation .06 Property Rights.

*COMAR 08.04.13.06*

The placement of a mooring pursuant to these regulations does not create a property right or an exclusive privilege and does not authorize an infringement upon the rights of any riparian property owner.