Current through Register No. 40, October 3, 2024
(a) The director shall reject an application
for a mooring permit, or after notice and an opportunity for a hearing, revoke
a mooring permit for any of the following:
(1) The location interferes with or impedes
navigation and subsequently constitutes a hazard to public safety;
(2) Viable and safe alternatives exist for
securing the boat;
(3) Adequate
docking facilities exist, over which the applicant has control;
(4) The owner of shorefront property who has
authorized a person to cross his or her property to access the mooring, fails
to file an application on behalf of the person;
(5) The owner of a shorefront property who
has received a mooring permit on behalf of a person without shorefront property
decides that he or she no longer wants the person to cross his or her property
to access the mooring or no longer owns the property;
(6) Evidence exists that the mooring might be
transferred, leased or sold;
(7)
False information was given on the application form, unless the false
information is of an inconsequential nature, such as, but not limited to, a
typographical error or misspelled name or address;
(8) The proposed location for the mooring
unreasonably interferes with recreational uses of the water and adjacent
land;
(9) The director or his
designee has determined that the corners or the perimeter of the mooring field
shall be designated by orange buoys with non-strobe flashing orange lights, but
the operator of the mooring field refuses to install said buoys and lights and
has attached boats to the moorings;
(10) There are more moorings installed than
the number allowed and stated on the approved mooring permit;
(11) The public mooring field does not have
at least one designated public access;
(12) The public mooring field has a
membership requirement;
(13) The
public or congregate mooring field does not have an operator;
(14) The public mooring field operator allows
more than 50 percent of the total number of moorings within the field to be
used for a term longer than 30 days;
(15) The public mooring field operator is in
violation of the provisions of
Saf-C
408.13;
(16) It has been determined that the water
depth, shoreline configuration, wind exposure, domestic water use in the area
and other environmental conditions and effects are such that the location is
not appropriate for moorings; and
(17) The public mooring field operator is not
in compliance with the provisions of these rules.
(b) For the purposes of (a)(8) above, a
mooring location shall be considered an unreasonable interference if:
(1) It interferes with an abutter's use of
the water in front of his or her property;
(2) It poses a safety hazard to users of a
public beach;
(3) It is located so
close to another existing mooring that the attached boats may
collide;
(4) The location poses a
navigational hazard to other boaters; and
(5) Any other interference that creates a
hazard.
(c) For the
purposes of (a) above, all hearings shall be held pursuant to the requirements
of Saf-C 202.
#4145, eff 10-6-86; ss by #4384, eff 3-10-88; ss by
#4562, eff 1-3-89; amd by #4750, eff 1-29-90; amd by #5936, INTERIM, eff
1-3-95, EXPIRES, 5-3-95 (formerly
Saf-C
408.07); ss by #6005, eff 3-24-95, EXPIRED:
3-24-03
New. #7904, INTERIM, eff
6-24-03, EXPIRED: 12-21-03
New. #8172, eff 9-21-04; ss by
#10293, eff 3-20-13
