[From the U.S. Government Printing Office, www.gpo.gov]
THE RIGHT TACK:
Charting Your Harbor's Future
L mS , ~~~~~~~~~~-;
f
A Publication of the Maine Coastal Program
and the Maine State Planning OffieDepartment of Comerce
NOAA Coastal Services Center bibraril
2234 South Hobson Avenue
Charleston, SC 29405-2413
11%4



'Our plans miscarry because
we have no aim;
when a man does not know
what harbor he is heading for,
no wind is the right wind."0

Seneca, 4 B.C. - 65 A.D.








ACKNOWLEDGMENTS
This publication was researched and written by Ron Poitras of the Hancock County Planning
Comm-ission. Fran Rudoff and Steve Cole of the Maine State Planning Office, along with Thomas
Martin of the Hancock County Planning Commission, provided substantive review of the text. Steve
Cole and Alison Truesdale of LandFormns (Gardiner, Maine) were responsible for editing. Alison was
also responsible for layout and graphic design. All photographs are by Christopher Ayres (Pownal,
Maine); the cartoon drawings are by Jim Sollers (Hallowell, Maine). Photo-cartoon composites were
computer generated by Kirk Holbrook of Maine Tomorrow (Hallowell, Maine). A principal source of
information for the facts and figures italicized in the margins is the Maine State Planning Office's
publication, "Policy Options for Maine's Marine Waters," October 1992.

The Right Tack is a report of the Maine Coastal Program, Maine State Planning Office, produced under
appropriation #013-19A-2395-10, with financial assistance under the Coastal Zone Management Act of
1972, as amended, pursuant to National Oceanic & Atmospheric Adniinistration (award
#NA460Z0181).

Publication date: July, 1995.
COVER: "PURGATORY COVE,` BY JIM SOLLERS






TABLE OF CONTENTS
i
PLANNING TOOLS: FIGURING OUT WHAT TO DO ................................................................1
WHAT THIS HANDBOOK DOES AND DOESN'T DO
..........................................................................2
PLANNING IS GETTING TO "AH-HAH! THAT'S IT!"
.........................................................................2
A NEW APPROACH
..........................................................................................
.........................3
SETTING UP HARBOR COMMITTEES ........................................ 4
CONDUCTING EFFECTIVE MEETINGS ....................................... 6
DEFINING GOALS .......................................9
INVOLVING THE PUBLIC
...............................................................................................
.............. 10
IDENTIFYING THE ISSUES AND CRUNCHING THE DATA
....................................................................12
FORECASTING DEMAND
...............................................................................................
..............15

THE PLAYERS AND THE RULES ..................................18
WORKING TOWARD CONSENSUS
....................................................................................
............21
IMPLEMENTATION TOOLS: HOW TO MAKE IT HAPPEN ..............................................24
MAKING IT HAPPEN ............................................. 24
ORDINANCES ............................................. 26
HARBOR ORDINANCES .......................................8
REGULATING MOORINGS ............................................................................................29
CAPITAL IMPROVEMENTS PROGRAM (CIP) .............................................31
PROMOTING PRIVATE INVESTMENT ..............................
..........................................35
BIBLIOGRAPHY ...........................1
APPENDIX A: PROTECTING PRIME SITES FOR WATER DEPENDENT USES
.............................45
APPENDIX B: NOTES ON DEVELOPING A HARBOR ORDINANCE
.................................... 55
APPENDIX C: MOORING PLAN HANDBOOK                 ........................66

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I I              I          . I
FRIENDSHIP


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PLANNING TOOLS:
FIGURING OUT WHAT TO DO
Interest in harbor planning is growing by leaps and bounds. As recently as
1987, no town in Maine had really done such a plan. Yet today, practically
all coastal communities have heard of them. The surge in interest may be
explained by these facts:

Only 10% of Maine's 3,500 mile coastline is characterized by
deep, sheltered water adequate to support harbor-related
types of uses. Yet, the number of boats registered in the
state that use Maine's coastal waters has nearly tripled from
about 21,000 in 1970 to 56,000 in 1989. Of the approximately
175 miles suitable for harbor-related activities, more than
half are already occupied by a variety of residential,
commercial and industrial uses. On top of it all, property
values along the coast and the demand for good waterfront
has skyrocketed.

As a result of all these demands on our harbors, town and harbor officials
have reacted in a number of ways. Some towns have passed shoreland
zoning ordinances setting up "commercial fisheries/maritime activities"
districts where only "functionally water-dependent uses" are allowed.
Boiled down, this means uses that don't need to be on the waterfront
shouldn't locate there.

Towns like Scarborough, Freeport, Bucksport, Jonesport, Eastport, and a
host of others have drawn up harbor plans, set up harbor committees,
appointed harbor masters, and passed harbor ordinances. We'll have more
to say about all of these shortly.

Still other towns, such as Eastport, decided in their harbor plans to
segregate recreational boating to a
second breakwater basin in order to
son                                minimize conflicts with commercial
activities at the cargoport.
tunately. as uso increases, so does
Ith Addison in WaShington
dependi, directl a  indieto .  There have even been officials in a few
depenid, directly and indirectly,
t. South Addison is a classic	towns who have thrown up their hands
tit recently, informal access to the	and decided to let the chips fall where
:here had not been a needfor	they may. For example, after seeing a
the Harbor Master says, "In the	proposed harbor ordinance go down to
lent, they'd have a little tbte-A-tRte	defeat at Town Meeting in 1991, officials
o pass a bunch-of rules." Now	in the Town of Blue Hill say, "Nothing's
dto be squeezed in.. "Trouble is,	going to happen," despite severe
w who's had his boat moored i n	overcrowding in the harbor. Basically,
ridfather did, to shorten the scope
there are no easy answers. People want
out and ask him to shoot his
to do what they do with as few
restrictions as possible. The dilemma is

The News from South Addis
No one likes regulations. -Urifort
the need for rules. Consider Sou
County where up to 400 families
on the harbor for their livelihood
Maine Coast fishing harbor. Unt
water was always possible and tt
formal harbor maiagement. As E
past, when two guys had a probl
rather than try to get the Town tc
that's changing. More boats neec
when you go out and ask a fellov
the same place his father and gra
on his line, you might as well go
dog!"
_j
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this: how can the average coastal town maintain a healthy inflow of harbor
activity, accommodate all present and potential users, avoid conflicts
between them, not have a detrimental impact on the environment, and all
without tying anyone's hands? The solution to this dilemma, of course, is
(1) do a plan, and (2) implement it.

WHAT THIS HANDBOOK DOES AND DOESN'T Do
Certainly, there are many ways of getting things done. The authors of this
handbook, being planners, will suggest that a thorough, comprehensive
planning process be followed, and on the following pages we do just that:
outline from A to Z what is involved in doing a plan for your harbor. On
the other hand, we also know that some people prefer the "plan as you go"
approach, and that's okay too. That's why this is not a how-to manual.
This handbook provides resources, describes options, lists principles,
outlines what others have done, but doesn't prescribe a particular
approach. This may sound like a technicality, but it's an important one.
Too formal a planning process can occasionally become intimidating,
sometimes stifle discussion and creativity, and smack of too much
"outsider" influence. On the other hand, too informal an approach
sometimes takes on the personality of its advocates, wallows from a lack of
direction, or tends towards defensive posturing. When people take sides
early on, tempers flare, learning stops, and progress grinds to a halt.
Clearly a balance is needed. Above all, this handbook encourages you to
go your own way.
There are approximately 100
significant harbors in the State
of Maine, according to the
Department of Economic and
Community Development. In
1985, the Maine Department of
Transportation (MDOT)
considered 59 ports along the
coast of Maine commercially
significant. Their survey
inventoried 500 various types of
marine facilities, including 92
public wharves, 21 public fish
piers, 103 private wharves, 115
private fish piers, and 90 boat
launch ramps located in 59
coastal communities. These
areas comprise only 10% of the
3,500 mile coastline.
There is another important point to be made on this subject. Though much
attention is given herein to the ideal planning process, anyone who is really
familiar with it knows it doesn't always quite work the way it's supposed
to. Don't be fooled, a plan is only a tool. Somebody with an ounce of
passion and good idea will be worth more than a pound of plans any day.
We think you'll find the following ideas interesting and helpful in making
your passion and ideas effective.

PLANNING IS GETTING To "AH-HAH! THAT'S IT!"
Here the general principles of the planning process are set forth. One of
the keys to your success will be setting up an inclusive harbor committee
and conducting meetings in a way that is effective. This will be our first
order of business. Second, a sense of common purpose has to inform
everyone's efforts. Consequently, setting goals is the next step that we
discuss. In order to set goals, you need to mobilize as many people as
possible and create widespread ownership of the process. We've included
a table of ideas for encouraging public participation. Next, we talk a bit
about information you'll need to collect and where to obtain it. The final
section outlines some things to pay attention to in order to produce the
results you desire.

In colloquial English, people exclaim "ah-hah!" when they understand
dearly, for the first time, something they knew before only in a partial or
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confused way. The challenge here, then, is to get as many people as
possible to 'ah-hah! That's It! In this manner, problems that m-ight
otherwise seem inscrutable, overwhehming, or depressing may become
easy, obvious, and fun. To paraphrase a famous witticism, 'using this
method can help us see 'the -unseeable, solve the unsolvable and unscrew
the inscrutable!"

A NEw APPROACH
Before you start, put aside all of your received wisdom about how
commnittees are supposed to do ffiings. Instead, concentrate on meeting the
needs of your "customers" (in this case, the citizens at large), as well as
current harbor users. That's why we stress public participation, citizen
involvement, and running good mneetings. Third, planning of any sort is as
much about dialogue as it is about data. It's imnportant to talk to as many
people as possible and keep goals somewhat flexible. All too often,
everythiing changes in the process anyway. Another issue that occurs with
all kinds of planning is that there are bound to be times when you're not
sure what to do, or it's virtually' imossible to outline in detail how you are
going to attack a problem. Sometimes a group with a 'start-doing-
something" a-ttitude needs to proceed empirically, adjusting as they go in
light of information and knowledge gained by trying out various
approaches. The rule used to be "know as much about the subject as you
can before you act." Now the rule is, "If you really don't know what to do,
simply jump in and learn as you go."
EASTPORT


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SETTING UP HARBOR COMMITTEES
A local harbor committee will play a central role in harbor management
and planning. Typically, a harbor committee is made up of five unpaid
members appointed by the selectmen or town council, with the harbor
master serving as a sixth member. Committee members tend to be the
most knowledgeable "boat people" in the community. They serve as
advisors to the selectmen. Usually, they see a plan through to
implementation. State enabling legislation has stressed that towns can
delegate a wide range of authority to a harbor committee. Ideally,
committee members should not have a particular ax to grind, they should
be concerned with the successful present operation of the harbor, and they
should have a good sense of the harbor's future. An involved committee is
the blood in the vein, the meat on the bone, the smile on the face of a
healthy harbor.

At right is a list of some of the typical
problems you're likely to grapple with    Typical Harbor Planning and Management Issues
in a harbor management plan. The next
page has a table of Maine harbor	* proliferation of moorings
committees and the methods they use	e overcrowding in theharbor
to deal with the issues most important	e dredging of the harbor and/or its approaches
to them.	* too many piers, docks, wharves
* lack of waterfront access for the public
use conflicts, i.e., between recreational boaters and
fishermene
- dilapidated waterfront buildings and facilities
* competition between water and non-water dependent
uses
* need for shoreside spport sorices such as uel
groceries, and other su e       '          '
* decln water quaty
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I
I
Some Maine Harbor Committees
Organization                 Membership                                      Responsibilities
Bangor Harbor	a	Appointed each year by City Council	o	Review operation and maintenance of waterfront
Committee	*	Composed of five members, one from	0	Review and establish fees for moorings
general public, three with recreational	a	Oversee float and mooring use, planning of future
boating interests, and one connected	development
with downtown business community	a	Review boating activities
Belfast Harbor	o	Appointed by City Council	o	Advise city manager and harbor master an custody,
Advisory	*	Five residents	care and management of the harbor and its facilities
Cormmittee                        a	Act as Board of Appeals
Bucksport       0	Three members of Town Council serve	a	Advise Town Council on harbor issues and operation
Harbor	as Harbor Committee	&	Harbor master serves as staff for Committee
Committee       0	Members appointed yearly
Carmden Harbor o	Appointed annually by Selectmen          *	Advise selectmen about:
Committee       &	Representatives of the varied	V	ordinance implementation
recreational and commercial interests	V	development proposals
using harbor	V	problems associated with harbor use
0	Act as Board of Appeals
Cape Elizabeth  &  Appointed by Town Council               v	Solve multiple use problems of Kettle Cove, including
Harbor Advisory a IO residents representing various	conflicts between pleasure boats and cornmercial
Committee          interests in local harbor issues	fishermen
o	Prepare harbor ordinance
0	Review potential sites for additional public boat
access
Freeport	0	Appointed by Town Council               *Study and evaluate usage of and access to coastal
Coastal Waters	a	Seven residents, serving staggered         waters
Commission	terms                                   *Advise Town Council on policy matters and proposed
regulations
*Supervise enforcement of rules and regulations
through the harbor master
*Oversee maintenance and care of Town-owned
waterfront facilities through harbor master
*	Act as Board of Appeals
Scarborough  a	Nominated by town manager/appointed   a	Oversee harbor planning, operation and regulation
Harbor	by Town Council	except for duties of harbor master
Cormmittee      0	Not less than five members, no mnore    *Advise Town Council on harbor issues, including fees
than nine                                  and operational budgets
*  Two-year terms                          *Act as Board of Appeals
a Residents representing as many diverse
interests as possible (i.e., commercial
boat owners, recreational boat owners,
abutting land and business owners,
members of town boards and
committees, etc.)
* Includes Town employee as non-voting
member if a special skill needed
(planning, engineering, recreation, etc.)
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 COND)UCTING EFFECTIVE MEETINGS
In the beginninig...
RIADeclare that this. is not just another meeting or a study, but is
intended to lead to a plan for action ... and mean it. When people
realize you're serious about comidng up w-ith solutions, they are more
likely to stay involved. Stating this as your goal in the beginning helps
to focus discussions. It also forces the group to be practical and helps
ensure that the discussion doesn't become too theoretical or abstract.
Generally, it is not a lack of information that keeps people from taking
action, but rather a lack of confidence or ability in analyzing the
information they already know.

I1Create a safe place for people to talk freely and openly about their
experiences and what they want to see happen. Given a chance, people
will share what they know, as long as:
A. the focus is on the issues, not on the personalities (no personal
attacks);
B. you welcome new ideas (there's no such thing as a dumb question);
C. you seek agreement as to how choices will be made according to
objective criteria;
D. you discuss options based on the objective criteria;
E. everyone is given a chance to have their say (no one interrupts
someone who's speaking); and
F. people are asked to focus on their interests, not their "position."
(Position. "I think we ought to hire a new harbor master." Interest:
"I want a place where my boat can be tied up without running up
against someone else's.").
In 1960, 24 million pounds of
lobsters were caught in Maine
and approximnately 700,000
lobster traps were set by 6,600
lobster harvesters. In 1990,
almost 3 times as many traps
were set by roughly the same
numnber of lobster fishermnen.
The catch in 1991 was 31 million
pounds.









The National Marine Fisheries
Service has estimated that a
total of 267,000 recreational
fishermen used Maine's coastal
waters in 1987.
IAGet to know who's there. A degree of trust and familiarity must exist
among participants before honest sharing and discussion can take
place. If this is an initial meeting, fime should be allowed for people to
get to know each other and to develop a basis of trust. One method
used is to begin pairing off participants to interview each other and
then to introduce the other to the rest of the group. It's a good idea to
start with each participant's life and work experience. Most people
have rio difficulty talking about themselves and their own experience.
Talking about thermselves and their work anchors the discussion in
specifics and ensures that the issues and themes most critical to those
involved are hanclled. It also tells you what the skil of the group are.

21 Don't discourage emotion, but don't let it take over, either. Getting
participants to talk about themselves sometimes brings out strong
emotions and creates a high level of interest and participation. In
meetings about harbors, often people's livelihoods and self-images are
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at stake. It is understanidably difficult to be objective and
dlispassionate. A lot of sensitivity is required on the part of those
leading the meeting to deal with these emotions in a positive and
supportive way. While there are risks involved, emotions or passion
are essential both to motivate and to mobilize people.

0Pay attention to the details of how and where the meeting will be
conducted. Arrange chairs in a circle, bring refreshments if you can,
and make the meeting as cordial and frie-ndly as possible. Little things
like this help melt formnality and reserve and promote free-flowing
discussions.

21Make sure to set a positive tone for future meetings. Participants
should leave the meeting with a sense of accomplishment, and a feeling
that their point of view was heard. Remember, to paraphrase Voltaire,
every meeting that is not boring is a good one!
As you get going..

IAThe first few meetings should be used to get everybody working
together to identify and clearly state practical and action-oriented goals
agreed to by the whole group. Before earch meeting, it's useful to check
out the goals again and reformnulate or modify them if necessary. It
helps to have the goals pinned up where everyone in the group can see
them, so they can be referred to easily during meetings. An agenda
should be prepared for each meeting and a firm time established as to
how long the meeting will last. It is importa-nt to achieve the stated
purpose of the meeting.

IAIt is critical that everyone in the group participates in order to make
the discussion effective. If one or two people are dominating, or if
some are not speaking at all, this should be put to the group as a
problem to be resolved. Breaking into smaller groups for part of the
meeting can help broaden participation.

21A basic premiuse of runniing a good meeting and accomplishing the
project's goals is to allow the group to take responsibility for the
project's outcome. However, this does not mean that someone
shouldn't take the lead. The main leadership role should be assumed
by a group-chosen chairperson. The chairperson plays a crucial role in
guiding meetings by helping tegroup darify its own objectives and
determine its own agenda. The chairperson has the responsibility to
ask the questions that help draw out the individual and collective
experiences of the group. At the beginning, the chairperson plays a
major role in getting the ball rolling. However, the committee is most
successful when the group soon takes the lead and the chairperson
0         ~~~becomes one of the participants.


tns V3


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IALeadership should be a shared responsibility if the group is to avoid
becom-ing dependent on one or two people. Shared leadership is
encouraged by asking the group to select people from amongst
themselves to lead certain parts of the meeting such as the introduction
or the discussion of strategies. Another approach is to set up a system
of rotating chairpersons, but don't be too rigid abo-ut this. Somnetimes
one person moderating all the way through the process works best.
Don't forget to take stock as you go ...

IAIt is important for several reasons to keep a record of the key points of
the discussion. It shows that everyone's contribution is valued, and is
a way of keeping track of progress made. It is also a way of noting
questions that a group may wish to come back to later. The task of
recording also forces a group to corme to a consensus about the points
they are making.

IAIt is best if the group can see the record of their discussion as it is
being taken, as this allows the group to revise or correct on the spot.
You can use flip-charts or sheets of newsprint to write down points for
later discussion or conclusions. Detailed minutes or notes taken by a
group member can s-upplement the visual record, buit are not a
substitute.


FREE PORT
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[] The group should evaluate progress periodically. It should review
the original goals and see whether those goals are being accomplished
or, if as a result of the discussion, they need to be reassessed. It is
important also to check progress on each meeting's agenda and modify
it as necessary, to evaluate the level of participation, and to identify and
discuss any other problems that arise. Too often, evaluation comes
only at the end, when it is too late to do anything about the problems
that may have arisen. Ongoing evaluation is one of the most helpful
fiings for developing group skills and building a group's cohesiveness
and effectiveness.

DEFINING GOALS
How do you decide what you want to do? In other words, what are your
goals? The latest buzz word in planning is "visioning." This is a way of
arriving at goals. A vision fantasizes what your harbor could look like,
ideally, in the not too distant future. Begin with the question: "If I were to
recreate this harbor today, given what I know about current technology
and uses, what would it look like?" Many towns have jumped on this
bandwagon of "visioning." Whatever you decide to call it, it is important
to identify goals clearly and fully. The proper choice of goals is half the
battle. Beware of goals that are too general, hard to refute, and do not
really say much. A goal should describe a desired outcome or the results to
be achieved. It is sometimes easy to take goals for granted and concentrate
on mere implementation. However, a large part of the ingenuity of
planning is the attention brought to bear in choosing goals.

Visions or goals should not be pulled from the sky. There needs to be as
many people as possible involved in the process. This is where a
Herculean effort will pay off the most. We've all heard the sad stories of
dusty plans left on shelves at the town office. That's because people
weren't involved, only planners. Don't
Consider, as an exam-ple," the`straight-forward way folks in	make this mistake. Make friends with
'fonesport stated'their,goa and priority needs:	harbor users, and enemies of dreary
plans.
Major'Goal:







: t~~~~~~~~~~~~~~~~~~~~~91
be avalb. a  Qo  aelvl




Prioit:    ....untNed'

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INVOLVING THE PUBLIC
There are many ways to involve dtizens in the planning process. Usually,
you have some idea of what you want to do. Then you'll bounce it off
other people. Maybe you and others have recently been appointed to a
new Harbor Committee. Eventually, you'll organize a meeting to get other
people in town involved. Those who attend the meetings will form the
core of the working group that will address the issues in your harbor.
Maybe this group will eventually become the town's official Harbor
Committee, if you don't already have one. It is very important that the first
meetings be organized for success. What follows are suggestions,
possibilities, and a few principles that will help you to organize and
conduct good meetings. This is where you get to enjoy the mess of small
town democracy. It can be scary. Freedom always is. Maybe you'll take a
bumpy ride. The only way to lose is not to try.
10

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More Ideas for Getting the Public Involved
Technique                             Process                                    Results
Public Meeting                 widely advertised, held in public space,	often not successful in obtaining
reasonably good way to present	information or gaining widespread public
information	involvement; can be confrontational
Small Workshop                 focuses on specific topic; special persons good way to obtain detailed information
with particular interest or expertise invited and to review specific goals
Public Survey                  telephone or mail questionnaire to	not a good way to provide new
sample of, or entire, community	information; difficult to obtain
representative results; framing of
questions key to quality of response -
expertise may be needed
Personal Interview             identify, contact and interview key	good way to obtain in-depth informnation;
persons with expertise or interest in	can be taxing on committee resources
particular issue
Events                         dinners, cookouts, or parties used as	good orientation to basic issues; difficult
occasions for presentations	to convey details, can build support and
involvement
Presentations                  members of committee present	good if some opportunity for interaction
information to community groups	with group is possible; can obtain views
of special interests
Bulletin Board                 good for meeting agendas, and general	details can't be covered; difficult to site in
basic concepts and information	a location that many people will see
Local Student Involvernent     have local students do "The Harbor in the relies primarily on secondary transfer of
Year 201 0" plan; offer a course on critical	information-, good technique for
issues	generating interest
NAass
Media
develop mailing list of media outlets

(radio, newspaper, TV);
*develop relationship with member of
the press;
*prepare and distribute brief, objective,
and timely news release;
*write letters to the editor to clarify and
explaini issues aind concerns;
*make notices of meetings and
agendas available
widespread distribution oDf committee

news possible; press may interpret

events differently or misquote; details

unlikely to be covered; press coverage

sometimes erratic and unlikely to report

on processes
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IDENTIFYING THE ISSUJES AND CRUNCHING THE DATA
Ultimately, your purpose is to produce results. With a set of clear goals
from the first few meetings, it's time now to collect the information you
need to help in formulating options and choices. This is where you can get
into trouble. BEWARE: there is an inherent tendency in ffiis process to
collect too much data.
Planner-types are particularly prone to stumble around and get lost in the
assessment of things. Remember that the point of all this is not to produce
a report, but to accomplish something. That is why the information you
collect must be fitted to the requirements for dealing with the issues at
hand. Here's a suggestion: collect only the informiation that helps answer
questions raised at the meetings. There are basically two kinds of
information worth collecting: personal, pragmatic, "local knowledge"
based on the direct experience of individuals involved, and the
"processed", often more highly specialized information available from
government agencies, such as technical studies and statistics. Your sources
of local information are people like the harbormaster, fishermen, boaters,
marina and boatyard owners.

By following the suggestions we've made for involving citizens in the
process, you will tap into an immnense amount of local knowledge that can
be put to immnediate use. Other sources of local information are:

ï¿½ local comprehensive plans;
ï¿½ shoreland zoning ordinances and/or townwide zoning ordinances;
ï¿½ tax maps, aerial photos, and associated records;
ï¿½ records of local boards, conmmittees, agencies, i.e., harbor master records,
mooring and fee information, planning board reviews of major projects,
etc.; and
ï¿½ the town office's boat excise tax list showing the number and type of
boats.
Between 1982 and 1991, there
was a 76% decline in the clam
harvest in the State of Maine.
Currently, approximately 30%
of Maine's clam flats remain
closed to shelifishing.
Sources of state and federal information are listed in the following table.
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State and Federal Agency Information For Harbor Planning and Managoment
Subject                                Description                                         Source
baseline information on	historical information, basic characteristics, uses and	Ihe Fishing Ports gf Maine and New
certain selected ports	facilities; mnid 1970's data	Encgland by James M. Acheson et al.
boat registration	boat registration by county, length, type	Dept. of Inland Fisheries and Wiidlife:
287-2043
coastal marine	1976 maps display a nurmber of coastal values,	Maine Geological Survey; Augusta,
environments	including salt marshes and tidal environments;, scale is	Maine: 287-2801
i inch equal to 2,000 feet
coastal recreation areas    State Cormprehensive Outdoor Recreation Plan	Department of Conservation, Bureau of
(SCORP) which, among other things, inventories	Recreation: 287-3821
existing public and private recreation sites, and
projects demand on facilities
coastal river estuaries     profiles available for 19 estuaries, includes information  State Pianning Office: 287-3261
on physical and biological features, human activities
.and discharges
coastal wetlands            aerial photo interpretation showing wetlands 1-3 acres	U.S. Fish and VVildlife Service, National
or larger; scale is I inch equals 2,000 feet	Wetlands Inventory; obtain maps frorn
U.S. Geological Survey, 1-800-USA-
MAPS
coastal wetlands            significant wildlife habitats including endangered     Department of Inland Fisheries and
species and important wildlife concentration areas   V Vildlife; Augusta, Maine: 287-2871
commercial marine	shellfishn landings and value, commercial fishing	Department of Marine Resources and
fishermen harvest data,	licenses, results of marine water testing for shellfish	Regional Labs: 624-6550
health and safety of marine	resources
life and habitats
economic trends	annual economic forecasts	State Planning Office: 287-3261
existing and potential	suitable 'water dependent uses" defined as areas	State Planning Office. 287-3261
areas suitable for water	where land slope is less than 15% within 250 feet of
dependent uses	the shore, and where water is at least 5 feet deep at
low tide within 150 feet of the shore
federal navigation and	list of all dredging projects ever conducted; harbor	U.S. Corps of Engineers Office; Augusta,
dredging projects	navigation improvement studies; description of major	Maine: 623-8367
harbors
general planning	demographics, population growth, transportation	Southern Maine Planning Commission;
information	statistics, economic developmnent assistance,	Sanford: 324-2952
comprehensive planning	Greater Portland Council of
Governments; Portland: 774-9891
Lincoln County Planning Office;
VWiscasset: 882-6358
Mid-Coast Planning Commission;
Rockland: 594-2299
Penobscot Valley Council of
Governments; Bangor: 942-6389
Hancock County Planning Commission;
Ellsworth: 667-7131
Washington County Planning
Commission; Machias: 255-8686
harbor and offshore depths  bathymetry charts that show water depths	National Oceanic and Atmospheric
and features	Administration, charts available at most
marine supply stores
legal affairs               zoning ordinances, code enforcement, liability         Maine Municipal Association: 623-8458
.13

THE RIGHT TACK

State and Federal Agency Information For Harbor Planning and Management
Subject                                Description                                        Source
marine industry information    0  national trends, boater demographics, sales         0	National Marine Manufacturing
data and projections	Association:(31 2) 836-4747; and
International Marina Institute:
(401) 849-5885
*  fishing industry experience, contacts and goals   a    Associated Fisheries of Maine:
989-6304 and Maine Lobster-
men's Association: 563-5254
ï¿½  "Working Waterfront" - newspaper about              0	Island Institute, Rockland:
harbor issues	594-9209
*  aquaculture research and education agenda           0	Maine Aquaculture Innovation
Center: 989-581 0
ï¿½  general information about marine education     a	Sea Grant Program; University of
and research activities at the University of	Maine, Orono: 581-1440
Maine
monthly vessel count       landings volume and value for major ports              National Marine Fisheries Service,
Portland: 780-3320
port facilities, major piers,	'Transportation to the Year 2000 - Strategy for Fish  Maine Department of Transportation,
ferry services, Gargo data	Piers, Shipping and Water Transportation" (1 990) (may Bureau of Transportation Services:
for major ports	not be up to date - marine facilities survey conducted    287-2841
in 1985-1986)
public access sites and	maps locating known parks, launch areas and other    State Planning Office: 287-3261
facilities.	publicly owned shorefront areas
sales tax receipts	trends in taxable retail sales for towns and cities	Bureau of Taxation: 287-2336
soils	soils maps now available for most of the state; these	Natural Resource Conservation Service
are medium intensity maps, "accurate enough for	offices; Orono Office: 866-7241
planning purposes"'
sources of contarnination    contamination sources include waste water discharges	Department of Environmental Protection,
of coastal waters	Leand and Water Quality Bureau:
287-3901
state guide to dredging	A Guide to the Regulator and Fundincg Process for	Dredging Coordinator, State Planning
regulation and funding	Coastal Dredgiing	Office: 287-3261
submerged lands	submerged land lease inventories and costs	Bureau of Public Lands: 287-3061
information
topography                 20-foot elevations of shoreland areas usually provided	U.S. Geological Survey maps are
at a scale of 1 inch equal to I mile; topography maps	available at local sport shops and from
available at scale of I inch equal to 2,000 feet (7.5	Maine Geological Survey:
minute quadrangle sheet)	287-2801
Maine harbor plans and	Harbor plans from Scarborough, Cape Elizabeth,	Maine State Planning Office: 287-3261
reports	South Portland, Portland, Bangor-Brewer, Jonesport,
and Eastport
waterway analyses and	vessel licenses, traffic volume by type of vessel,	U.S. Coast Guard, regional stations in
issues	navigation issues	Booth bay Harbor, Eastport, Rockland,
Southwest Harbor, So. Portland, West
Jonesport
weather patterns           key weather features such as wave fetch and storm	National Oceanic and Atmospheric
conditions	Administration, National Climate Data
Center; Asheville, NC.: (704) 271-4800
-14

THE RIGHT TACK
IFORECASTING DEMAND)
What are the major trends shaping the development of harbors? Besides
time, luck and accidents, what factors are influencing the shape of your
harbor? Earlier, we suggested you consider a vision of the ideal harbor.
Now let's flip the coin and approach planning for the future from another
direction by looking at past and current trends. Although, to some, this
future prediction business may call forth imnages of technocrats atop tall
towers crnmching numbers, bean counting and reading tea leaves, the
process of anticipating change can be simnple, straight-forward and useful.

Here's how to do it, step by step:
(1)    Documtent harbor use over time. For example, the Town of
Freeport collected information about the numbers of boat registrations and
excise tax collection over the years. These figures showed that boat
registrations between 1987 and 1990 increased by 120%, and excise taxes
collected increased by 37%. Information on fish landings can sometimes
suggest trends in harbor use. The harbor master's records should also
contain a year-by-year tally of mooring fees received. All of these statistics
can be used to identify trends in the demand for the facilities in the harbor.
A straight-line projection of past growth can sometimes be used to gain
some sense of future growth. Take the average percent per year growth in,
say, boat registratio-ns and precdict future boat registrations using the same
growth rate.

(2)    Previous town -plans, studies, or historical documents may also
provide helpful benchmark information. Of particular interest may be a
1978 report p-ublished by the Maine Sea Grant Program, "The Fishing Ports
of Maine and New Hampshire" by James M. Acheson et al. This report
summarizes uses and facilities in niost of Maine's harbors as of the late
1970's.

(3)    Conduct a survey of users of harbor facilities. This is probably the
best, most important step that can be taken to obtain a good estimate of
future growth. Tfhe Freeport Coastal Waters Commidssion conducted
detailed surveys of use of the town's harbor users. On the following page,
we outline what the survey contained and how it was conducted.
The numnber of boats registered
in the State that use Maine's
coastal waters has nearly tripled
from about 21,000 in 1970 to
56,000 in 1989.
15

THE RIGiHT TACK
A TOWN LANDING SURVEY

By Land:
Survey vehicles and pedestrians
arriving at the town landing.
Information to Collect
ï¿½ number and type of vehicles
* residence of vehicle occupants -
Maine vs. out-of-state
41 destination:
ï¿½ lobster pound
ï¿½ boat yard
ï¿½ marina
ï¿½ town wharf
ï¿½ sightseeing
ï¿½ other
ï¿½ time of arrival
ï¿½ number and. destination of
pedestrians
ï¿½ brief interviews to solicit comments,
re: parking, walking opportunities,
adequacy of facilities, etc.
Time of Surve
Survey conducted during the week from
6:30 - 12:30 and also on a weekend
day. Survey could also be taken one
day during the off season.
Time of Survey
a weekday and weekend, all-day
survey, 6:30 a.m. - 12:30 p.m..
By Water:
Survey boat traffic.
Information to Collect
ï¿½ Type and size of boat (average
length)
* commercial user (lobstermen,
clammers only) or pleasure boat
* number of passengers
* place of residence
ï¿½ purpose of visit
ï¿½ time of stay
* boats using floats: type and average
stay
ï¿½ foot traffic: number of dinghies in
use
* brief interviews to determine
adequacy of facilities, expectations
for the future
By Users:
Survey owners of facilities currently
located on the waterfront.
Information to Collect
* list of facilities for water dependent
and non-water dependent uses
* size of facility, room for expansion,
land and water use facilities
* number of service and other types
of moorings
ï¿½ size of piers and wharves
ï¿½ support facilities including parking
areas, boat launches, restroorns
ï¿½ availability of public services,
adequacy of road connections,
sidewalks and other walkways
Trends to Identifv
* future use expected for each facility
* conversion possibilities
* viability of available support
services
* safety and overcrowding issues
* harbor managerment needs
* anecdotal assessments of
conditions and trends for use of the
harbor
* Survey procedures modeled after one conducted by the Freeport Coastal Waters Commission in 1990.
16

;-:   .               I -' ',THE RIGHT TACK
(4)      Look at national, state and regional trends. There are many trends
at work that will affect the pressures your harbor experiences in the future.
All of the information gathering from each step in this forecasting process
should be pulled together and weighed to get a sense of what might
Maine's dry cargo port traffic	happen. There are no "words of wisdom from the mountain" for deciding
has tripled since 1981.	what's more important. In the end, your collective intuition and
preferences should determine the future direction you layout in your plan.
Instead-of being totally subject to the tyranny of chance, with planning,
you're only partly so.

In the box below, we provide a few key national and regional trends at
wbrk that could affect planning for your harbor. You may also wish to
refer to the Mooing Plan Handboonk (see Appendix C) and, in particular,
Chapter 3 in that handbook on forecasting demand, which may provide
you with additional insight.








WA TERFRONT TRENDS                                                            .
	Growth-in ocean fish catch has come to an end. Expect continued reductions in the size of the traditional fishing fleet.
o	US. seafood prices are climbing, thus expect more attempts at aquaculture and flhe need for associated fish and seaweed
processing facilities.
Continuing presstres to restrict auto use will encofurage the use of altemative maodes of transportation, including car and
passenger femerris and more ocean cargo transport.
ï¿½ Dvwindling supplies of trees worldwvide ilU accelerate Maine's export of forest products to international markets by sea.
ï¿½ Declines in te marine rrmmnal populati6nl(e:g.- harbor porpoises) wil intensify calls for nore marine pollution control
measures, including marine puinpout stations and restrictions o  the use of clemicals in boat retpair, tmaintenance and
.construction.
e  The State's share of the national tourism pieis expected to expand. With it will come increased pressure for mailnas, seasonal
docking facilities and associated shoreside services; in partictiar parking lots,restaurants, lodbginplaces, gas and supply
services.
*	Cruise boat and charter senrvices will expand considerably creafing greater demand for facilities to acconmuixoate suclh actvitv
o	Opportunities will develop in shipbuildiig, maintenance and overhaul as a result of federal govemment iniiatifves to keep
shipbuilding competitive in the militaiy and merchant sectors.
a Maine's relatively pristine coastal region is ideally suited to;and will coitinue to attract, iesearch, educationl anld idevelopment
operations in the marine science and biotecldology fields-
' Although real estate pressures have geneally declined, coastal real estate, particularly non-restricted Nwaterfr-lont propIerties,
will continue to command a premium, particuarly for adding residential and recreational uses.
*  Explosive growth in recreational boating during the seventies and eighties, continuing into the nineties. vill increase the call
for additional boat launching facilities, mooring spaces and boat traffic management.
e  Maine's status as an acknowledged center for sea kayaking will create demand for special facilities, wildlife protechtin xnets,
vessel lanes and additional coastalpatrols.
8  A revival of the soft-shell dam industry is likely in the near futire- and thelobster fishery will hold its - wn in termns of value of
product. New waterfront business opportunities will emerge in value-added processing, handling, and nichde markets.
1
-

17

THE RIGHT TACK
THE PLAYERS AND THE RULES
Harbor management is a multi-faceted effort: many federal, state, and local
authorities are involved. In fact, there are 28 state and 16 federal agencies
that have some decision making or planning responsibility in the marine
environment. In addition, all coastal communities have the authority to
regulate use and develop harbor management plans. Below we describe
the major players involved and their principal interests.

The U.S. Corps of Engineers is the principal federal agency involved with
harbor development and requires communities to manage waterways so
that they are accessible and open to all (we will have more to say about this
later, in the discussion about mooring allocation). The Corps of Engineers
also has jurisdiction over many projects located on intertidal or submerged
land. In general, a developer must obtain a permit from the Corps to alter
or place structures on these wetlands. Moorings, however, are covered by
a "general permit" so that individuals need not apply to the Corps for
permission to set a mooring. Rental moorings are not included under the
general permit. Consequently, marina operators and others who plan to
lease moorings must obtain a permit from the Corps.

The Bureau of Land and Water Quality Control in the Maine
Department of Environmental Protection (DEP) and the Bureau of Public
Lands in the Department of Conservation are the most active state
agencies involved in harbor activities. The DEP has regulating authority
over environmental issues under the Natural Resources Protection Act.
Most construction and maintenance
activities in and around harbors will
;A Secial Note Abou,t Dredg
require a DEP permit. The Bureau of
Public Lands has the authority to lease	Most of Maine's major harbors al
the state-owned submerged lands for	Projects; a such, they are mainta
erection of permanent structures and	Obtain  federal, state, and loca
other activities such as the construction	projects - whether or not tiey arc
of wharves and marinas, dredging and       lan be-a long and complicated-pr
filling. Officers of the Department of	dredging needs are welladvised
Marine Resources, Bureau of Marine	nolvn appropriate stte aid f
Patrol also play a vital role in enforcing	process. .ee "A Guide tothe Re
for Coastal Dredging," available
safety and conservation laws.        f      ?R7-_7,a.1
atI, 2.,87--2,j,4%l I.
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ling

nd rivers are Federal Navigation
ined by tlhe Army Corps.
to approvals for dredging
e federally maintained areas -
rocess.- Communities with
to begin tanning and.-  *   -
federal,agencies'early in the
gulatory and Funding Process
from the State Planning Office:
di /c_/-o4P-;1).                            ZI . . I

The U.S: rmy Corps of Engierss  onced primar
navi	. In	saler arbors tei CorpsiS                lled   : ' x
e	;OWnst:id	br'kWtrs  Once        t         thorps
'3frerVi-&ry ad
18







Principal Government Agencies and
Regulations of Harbor and Related Activities

Government Agency	Town/City	ACOE	DECD	DEP	DIF&W	DMR	DOC	DOT	EPA	MGS	NOAA	SPO	USCG	USFWS

Permits/	building permits,	Sections 9 and	economic	wetland	wildlife habitat	aquaculture	critical natural	commercial	water and air	field surveys,	scientific	planning,	aids to	endangered
Activities	floodplain	10 of Harbor	develop-	regulations,	protection,	leases,	areas, plan-	ports, ferries,	quality,	research,	information	state policy	navigation	and
permits, mooring	Act and	ment	waste	watercraft	marine habitat	ning and zon-	planning and	ocean	advises DEP	about oceans	development,	threatened
permits	Section 404 of	discharge	registration,	protection,	ing for un-	development	dumping	on permit	and the	floodplain	wildlife, habitat
Clean Water	licenses, site	anadromous	advises DEP	organized	applications	atmosphere	management	protection,
Act, general	location	fishing regula-	on permit	towns and	oversight	research and
and individual	permit by rule,	tions, advises	applications	islands, public	planning
permits	shoreland	DEP on	lands
zoning	permit
oversight	applications

Aquaculture Projects	X                  X                                X                                   X                                                  X                                 X                                 X                 X

Coastal Planning	X                                                                                                        X                X	X

Consistency with	X
Coastal Zone
Management Act

Dredge Disposal                    X                  X                                X	X                X                                                   X                X                                 X	X

Endangered Species	X                                  X	X

Environmental                                         X                                X	X                X                                                   X                X                X	X
Monitoring

Maintenance, Repair,               X                  X                                X
and Replacement of
Structure

Mining Activities
> 20 Acres	X	X                                X	X	X
< 20 Acres	X	X	X	X
Moorings
*	Boats Under 65'	X
*	Boats Over 65'	X	X                                X                                                                                                                                                          X
*	Rental Moorings	X	X

Port Development	X	X               X                X                                                                     X	X	X

Recreation/Public	X	X                                                  X                                  X	X	X
Access

Use Conflicts                      X                  X	X                 X                                                                                                     X

Water Quality                                                                          X	X                                                   X
Certification

Waterfront Construction	X                  X	X                 X                X                                                                    X                                                                    X

Zoning Issues	X	X                                                    X                                                                                     X
State Agencies
DEP - Dept. of Environmental Protection
DECD - Dept. of Economic and Community Development
DIF&W - Dept. of Inland Fisheries and Wildlife
DMR - Dept. of Marine Resources
DOC - Dept. of Conservation
DOT - Dept. of Transportation
MGS - Maine Geological Survey
SPO - State Planning Office
Federal Aaencies
ACOE - Army Corps of Engineers
EPA - Environmental Protection Agency
NOAA - National Oceanic and Atmospheric Administration
USCG - U.S. Coast Guard
USFWS - U.S. Forest and Wildlife Service

THE RIGHT TACK



It :'
There are 125 marinas located in
various coastal towns in Maine
with several thousand slips
available. The Portland-South
Portland area alone contains
1,500 slips.
KENNEBUNKPORT
20

.   .1~~~~~~  ~~~            THE RIGHT TACK
WORKING TowARD CONSENSUS
After individuals in your group have achieved a certain sense of darity
about the issues and Conditions affecting the harbor, the next step involves
translating knowledge into action. At thiis point, if you haven't already
done so, you'll need to identify the obstacles and discuss how to overcome
them. Is it mnoney? Is it lack of organization? Is it general public apathy?
Whatever the obstades, if they are described dearly, solutions are often
discernible. At this step in the process, it will be good also to identify allies
or potential affes in order to produce the results you want.
Sometimes a clearly written summary of key issues and points of
agreement and disagreement is necessary. Circulating such a summary to
a wider audience will sometimes break a log jam of disagreement.
Decisions wili be supported as long as concerns are expressed openly and
respectfully, and people are given ample opportunity to be heard.
In 1950, there were 8,000
commercial fishing licenses
issued; in 1974, 19,000 and in
1991, 14,000.
The ability to network with lots of people and to build consensus is the
most basic skill for involving the public and arriving at mneaningful
decisions. Consensus-building involves getting comnpeting interests to talk
to one another and to redefine alternative courses of action unti the result
reflects somethiing that most can support.


h~th f~ey~apeid betwe6&f!98fap1 98   hTwrof
Scarbroug saw  6~/ incrasef thgW~fiShar6~  As`
groi~hcoitiiid"teTw~~tt ai~f  Togttth
hertofth  s~eï¿½th4hroiP1r~Cmtiteecrrmsioe
1.	drdgig sudyto-nalze he i opec    cTahng a 3 acre


a~ ~ ~ ~~~~'s 9 aq ~proeto	fftr  nneca  n  er~oa  sso

hiarbor,-,,,


and~~~~~~~d
~~~~~~~~-.N2 -:4

6,, -;AJ6, tons   ~t~~ public,,opinionx xegrdigh h\  or is ues
and proite fo ihroene
Alloffi~ nfomaton as naYzed and'acnpdesv harbo6-

in~dfrctios ad laa aqinitins fr~pbli aces-As a result
-he area an it itm ls\





4
THE RIGHT TACK

Consensus differs from "majority rule" in that each participant comes
away feeling like a winner. To reach consensus, everybody does not have
to agree on everything, but differences should be aired and resolved
sufficiently so that there can be a unanimous decision to move forward.
When the majority rules, losers sometimes work to undermine the decision
or may withdraw from future involvement altogether. Where participants
have worked toward consensus, they are encouraged to remain involved
because they can relate the group's decision to their own needs. In the end,
however, someone must step forward and champion a resolution to the
issues at hand. Working toward consensus should not become an excuse
for wallowing in indecision and not exercising leadership. At some point,
someone will need to take a stand and endure the turbulence of
controversy over honest differences in order to make headway. Remember
what Shakespeare said, "When the sea was calm, all ships alike, showed
mastership in floating."

Bucksport's Experience                                                                                      -
The Town of Bucksport has a Very active.citizenry and town officials hoId many townwide and neighbOrhood
meetings to review plans and:development schemes. People's opinions are sought, discussed and: respected. As a
result, projects in Bucksport receive coisiderable public:fevew before being implemente.d.
A decade ago, the Town of Bucksport began a downtowrevitaization program that included a Waterfront -
redevelopment component. For years, the waterfront aloiig the downtown shore   d eei usedas a dumping .
ground and was in a serious state of decline.  umerous   overboar discharge pipesexited the banks of the Peniobscot
River in ths area. Erosion was also threatening to undermine buildings along Main Street. At the t-ine, a half dozen
boats were moored along the waterfront. Town officials recognized that revitalizig the dpO nfowii area without
including the waterfront would compromise, and ender incomplete, their arger sheme. Finaiicial assistance. was
obtained from the Department of Economic and Community Developmens Waterfront Action Grant Prograit as
well as the Community Development Block Grant (CDBG) Ptogram   .
A waterfront committee was established early on to develop a plan fbr  naking waterfront imprvements.-Importasnt
products of the Committee's work were a vision of a revitalized waterfront, a timetable and a sequence for critfcal  .
actions, and the identificatiOn of possible fundiing sources foi the desired improvements. The group also conducted
an inventory of the waterfront that detailed conditions, Twnership, sourc  of pollution, natural features, crrent user
access, etc. Armed with a body of inforlmatior,, it was clear that the greatest need was to stabilize the banks and.
eliminatethe overboard discharges-as an immnediatefirststep.. Subsequently, they removed rotting p   s, arranged
acquisitions and property easements, recostructed and	arge d a new town float, added long- and short-term-
parking areas, and-constructed a landscaped walkway. A	this was done prnari   to prmte publc access and to
&ehance an underu'ized'resource.
While there are few fishing concerns in Bucksport, recreationalboaters lave grown tenfold since he Committee
began its work. Their planming effort revealed the need (and desire) for A srall marina alg the downtown
waterfront to,serve the blossorning fleet. A spin-off marina feasibility gtudy has sho"wn a heith eiand for s     a
tacility. There are ongoing efforts by the Comunittee to acquire selected shorefr6nrt parcels to complete the watiront
walkway and to provide enough land to attract a rnarina operation.                                            -
__ ..  __  ___-_   _            _ -  _             _      _      ---
::: --I:
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THE RIGHT TACK
Maine's existing marine
business and industry supports
about 25,000 jobs or about 4% of
the total state work force.
OGUNQUIT
23

THE RIGHT TACK
IMPLEMENTATION TOOLS:
HOW TO MAKE IT HAPPEN

MAKING IT HAPPEN
There are three principal ways to put harbor planning recommendations
into effect:

(1) Ordinances;
(2) Capital Improvements Program (CIP); and
(3) Promoting Private Investment.
The State of Maine exercises
stewardship responsibilities for
all lands and waters within 3
miles of its coast. This area
encompasses 3.5 million acres,
roughly equivalent to 18% of the
State's total land area. These
waters are home to at least 1,600
different types of bottom-
dwelling organisms, about 100
types of birds, 73 different types
offish, and 26 different kinds of
whales, porpoises, and seals.
Ordinances are the legal embodiment of the community's plan for its
waterfront and harbor. They can be fashioned to give priority to water
dependent uses or provide opportunities for other commercial or
residential development.

A Capital Improvements Program (CIP) is the community's list of public
improvements planned for the waterfront and is keyed to a budget. It
demonstrates a real interest and financial commitment to the harbor on the
part of a city or town, and can be a catalyst for private investment.

Once a community has laid the groundwork for harbor development
through its CIP and ordinances, promoting private investment is often
the next step in making its vision of the harbor a reality. Conversely,
private investment may spur town leaders and citizens to look more
closely at how the waterfront is developing and prompt changes to the
community's ordinances and capital improvement planning.
24

THE RIGHT TACK
PROJECT BASICS

1. Look to see if it's been done before.
Don't reinvent the wheel. Learning from other communities experiences will give you a tremendous start in
getting your project off the ground. Contact the State Planning Office, neighboring harbor committees or the
Regional Planring Commissions who may be able to help you find examples you can model.

2.  Organize for Success.
The kind of organization that you choose to administer a given project has a significant impact on the options
for funding its development. In addition to town government, consider public-private partnerships or
forming a local, private non-profit development corporation to oversee the project.

3.   Look to Multiple Sources of Funding.
Financing any project typically will require more than one funding source. Match the financing mechanism
to the type of project. For example, tax increment financing is one type of financing mechanism tihat requires
projects to generate tax revenue. These tax revenues are then used to service a municipal bond for
infrastructure improvements such as a town pier. Many projects have been financed by marketing different
features of the project to separate financiers in order to piece together necessary funds. Other funding
options include: loans and eqtlity investments, grants, donations and other gifts, municipal bonds, local
government assessments and revenues. Offering incentives such as infrastructure improvements, zoning
concessions ("contract zoning"), tax abatements, or land and buildings can help make a project happen.

4.   Leverage Your Resources.
Leveraging is when money from one source is used to generate money from other sources. This mechanism
underlies many public-private partnerships and is an essential strategy for communities seeking to make the
most of limited local resources.

5.  Consider a Public-Private Patnership.-
Any activity undertaken by government and business that serves the interests of both can be considered a
partnership. Such a relationship requires a carefully prepared plan that accounts for the relative
perspectives of each partner - opportunity, risk, commitment. A local development corporation can be
founded to stimulate harbor development and to act as the community's agent in a public-private
partnership.






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THE RIGHT TACK
~ORDINANCES
Local ordinances may be necessary to regulate land and water uses. Yes,
this is the "Z" word. There are many sources of information on designing
shoreland and waterfront zoning ordinances as well as harbor ordinances.
Waterfront zoning deals with the landside issues and is usually
incorporated as a district in townwide zoning gr shoreland zoning
ordinances.


WATER DEPENDENT USES
A key consideration in waterfront zoning is whether a community wants to
have specific provisions for water dependent uses. Water dependent uses
are activities that require facilities with direct access to the water, such as
commercial fish piers, port facilities, and marinas. Support services for
marine businesses also need to be located on or near the waterfront.
Other facilities and services such as condominiums and restaurants do
not require a waterfront location, but can command a premium price if
located on the water. Consequently, many non-water dependent users
are able to pay more for a waterfront location than those associated with
the marine industries, forcing water-dependent uses out of the harbor.
The issue regarding water dependency is quite simple - if communities
wish to maintain a working waterfront and healthy marine resource
industries, they must make a conscious effort to favor water dependent
uses in shoreline areas.
Maine's coastal communities
consist of 12% of the land in the
State, 58% of the population,
and 65% of the State's jobs.
Many residential structures now
compete for land that
traditionally provided access for
fishermen, shipbuilders and
mnarine operators.
NORTH HAVEN
26


THE RIGHT TACK

Tfhe need to favor water dependenit u'ses extends beyond the harbor. There
are many individual sites along the Maine coast that are suitable for water
dependent uses, but they are vuhierable to development that could be
located elsewhere. Local communities should recognize that water
dependent uses can be squeezed out of "midxed use" shoreland zones. Care
should be taken to craft "mixed use" ordinance language so that other uses
are considered secondary to the water dependent uses.

Conflicts may even arise aniong water dependent uses. For example, a
recreational mnarina may compete wit te fsig fet frspace. State
guidelines require that preference be given to commercial uses.

Here's how to approach this issue:

1I Analyze local needs and identify sites suitable for water dependent
uses. (The State Planning Office has a statewide map of sites suitable
for water dependent uses. This map can serve as a useful starting point
for local strategies. Call the Office and ask for the Water Dependent
Usesrnaps.)

2. Provide the public facilities that are needed to encourage water
dependent uses, e.g. comimercial fishing piers, boat launch and storage
areas, parking, etc.
3. Provide economnic incentives that encourage the mix of uses needed to
serve marine harvesting industries; and

4. Use local ordinance provisions to require that waterfront uses in
harbors, and areas outside harbors which are especially well suited to
mnar,ine uses, be water dependent.

It wi]l also be useful for you to check out Appendix A, entitled "Protecting
Prinie Sites for Water-Dependent Uses."
27

THE RIIGHT TACK
HARBOR'ORDINANCES
Harbor ordinances specify how the harbor and town-owned waterfront
facilities will be used. Harbor ordinances also outline powers of the harbor
master and related administrative procedures. Specifically, harbor
ordinances will contain an outline of duties of the harbor master and the
harbor committee. Will the harbor master be empowered to make arrests
or will he or she be more like a code enforcement officer? A harbor master
emnpowered to make arrests will require more training and equipment than
one who serves primarily as a code enforcement officer. An ordinance
should also contain a process for appealing decisions made by a harbor
master.

Another major area covered in a harbor ordinance is the establishment of
boundaries and areas where regulations apply. Regulations such as speed
limits, mooring area rules, town dock rules, abandornment of vessel
restrictions, transient vessel anchorage provisions, etc. Areas that should
be defined are: harbor areas, channels, mooring areas and anchorage areas.
Standards for mooring tackle and a process for inspecting the adequacy
and safety of such equipment are also imnportant. The final section of a
harbor ordinance usually specifies fees for permidts, and penalties for those
who don't comply with the rules. For additional information on this topic,
see Appendix B, entitled 'Notes on Developing a Harbor Ordinance."
CAMDEN
28

THE RIGHT TACK
REGULATINCG MOORINGS
According to the Department of
Economic and Community
Development, there were 11,000
moorings statewide in 1989. In
1991, it was estimated by the
Southern Maine Regional
Planning Coinmission that 1,600
persons were on waiting lists for
moorings and slips in York
County.
The first and most frequent issue that surfaces in harbors is the regulation
of moorings. Because, for the most part, moorings are exempt from state
and federal permitting procedures, local authorities control use and
allocation. However, there are policies enacted by the State Legislature
(Title 38 MRSA, Chapter 1) which guide local harbor management
decisions. The principal limitation on local authority is that it cannot
conflict with or contradict the letter or intent of state or federal law. The
State law also requires towns to assign moorings according to the following
criteria:

* A shoreside owner is entitled to one mooring fronting his propert as
long as it doesn't interfere with navigation, and as long as the owner
has at least 100 feet of frontage and a lot that is 20,000 square feet or
more. Finally, a shorefront property owner must own a boat before he
or she can lay claim to a mooring privilege. Moorings cannot be
transferred to someone else.

ï¿½ Fees charged for nonresident moorings cannot be any more than 5
times, the amount charged of residents.

* Preference for mooring assignments can be granted to residents. In
general, the order of preference for the assignment of moorings is
governed by whether or not the town has a waiting list for mooring
assignments. If there is a waiting list, the town must see to it that no
less than 10% of those who have moorings are nonresident. It is not
necessary that a person lose a current mooring assignment in order to
meet this requirement.

Additional Requiremernts: vessels over 65 feet long require a DEP
permit, and leased or rented moorings require permits from the Army
Corps of Engineers.
- ----- -------
29

THE RIGHT TACK

Some harbor projects, if they involve federal funds, can change how a town
allocates moorings. ff, for examnple, the U.S. Army Corps of Engineers is
called in to undertake a dredging project, a community will be required to
open its harbor to everyone on equal terms. Conflicts with the Armny Corps
have arisen in towns where harbor mnoorings are allocated to residents on a
preferential basis. ff you want to minimize potential conflicts with the
Corps, follow the guidelines for allocating moorings in the box below.











i

I
i
d
I
:
1
1
1
;I
i
-
I
,
I
7

i

 
i
.I
i
I


i
,j,
,
"
I







I
A11locaing Moorings~ Wh-nederal- A'ece   r


If ov~habc ha rom oraddtinal  mooigs, yoau it assign:
amooring to any boat owner wh  aplies for one utnless vou have
avali  esnt deny-it An ap '.cant's p,lace of residence cannot. -
be a basis for denial. If your harbor doe'snot have roomu fdr
additional mnoorings, you must-place the app'licant's ~name on a,
'waiting list.
Wvhent spaces became yAvilabl'e, -fhey nug,b'e'a's'signiedc to p'eisons
itoornngsin you arbradtiieaenxrsiet  nyu
waitng lst, ou,  lnusrtassig  naalbemorgstth
nonrsidets oyoutr lis,t uixyurahte1ï¿½lerlT
applies to bothX comneda mi	laur  otrsJ  opl  it
Fdral r  iirements,ï¿½,,-'Oin	aeahvdh~eeo  O'o



more, Of ds ornsiyf~
For ~in~e~d    e~discu~on Qfhese   i9           see
Lega Q~k~	~d Cua~a Qf&~4Aavaiabl
frm h thvesiyofMinC	e            Exeioj  iQjd,         i
Maine has 138 coastal
communities, 17 state agencies
and 6 federal agencies that are
engaged and have jurisdiction
in the marine environment.
- - I - I -    1-1 - " ,,- ,                                '.    - -1 , - - _ _ -- ,_ _ - I I _ -I - I
., II . -11 - _- Z-11  ; - - .1 I I - .- ,, _- I - - -
30



r I I _ _ , :                                   ,   , , "   .        .   - I I

I :  , -_    f  1,

THE RIGHT TACK
CAPITAL IMPROVEMENTS PROGRAM (CIP)
A Capital Improvement Program (CIP)
When is Expertise Needed?                                         is a fiscal tool that budgets major capital
improvements over a 5-10 year period
x  Don't hire an expert if you don'tknow what you want to         and tracks the comunity's incurred
and tracks the community's
incurred
accomplish.
 debt. The CIP identifies the facilities or
X  Don't hire an expert to take sides with you, or preach to the	improvements needed to accommodate
'	improverments needed to
accommodate
converted.
~~~~~converted.~                                       ~ :  .	ithe changes you anticipate or want to
X  Don't hire an expert to "solve the problem+"	have happen in the harbor. Communi-
ihave happen in the harbor.
Communi-
X   Don't hire an expert to "educate" others in town.
ties identify improvements such as
x	Don't hire an expert to "do a report" for you.	expanding existing parking lots and
I	Do hire an expert to collect specific technical information, do	rehabilitating old docks or wharves. A
detailed engineering, address essential resource management	CIP usually includes detailed costs,
91              manag'~~~ment ~CIP usually includes detailed costs,
issues, write involved grant proposals, conduct.a valid and.    I
I engineering and architectural plans, or
-  representative telephone survey of public opinion, do a
other studies. You'll probably need an
detailed. site plan, prepare a:perr-dtting strategy and   .          s         Y      p
coordinate the permitting process.    -;                      expert for this kind of effort. Also, the
Contact the Maine Coastal Program staff ater Portland Council of Govern-
Planning Office (287-3261) for a listing of planning corisulta	ments  publishes a very helpful
working in Maine.	document called "Developing a Capital
~-  -                -    .~ w~-	Improvement Program" (1991).

The chart on the following page lists some of the major grants that may be
available, as well as other possible avenues to implement your harbor plan.
PORTLAND
31

-THE RIGHT TACK

Public Financing Opportunities for Harbor Development Projects
Loan/Grant Program                  Administering               Scope of the Program              Who Can Apply and Other
Agency/Contact                                                       Requirements
Economic Development	Eastern Maine Development    ï¿½	grants provided to	local government, special purpose unit
Administration programs	Corporation, Regional	distressed communities to	of government, public or private non-
Public Works and Development	Economic Development	attract industry, generate	profit
Facilities (Title 1)	Agencies, Federal Office:	jobs, encourage business
1-800-339-6389	expansion;                   40% local match required
ï¿½ area (Labor Market Area)
unemployment rate has to
exceed state average
Small Business Administration	Small Business Administration  ï¿½	loan guarantee or loans of	*	businesses apply directly
programs (7A)	Augusta Office: 622-8378	$50,000 or less for fixed	*	negotiated interest rate usually less
*   small loans	assets; real estate; or	than market rates
ï¿½ preferred lenders	working capital for retail,   ï¿½	Small Business Administration
ï¿½ pollution control	service, wholesale,	guarantees loans from local banks
manufacturing or
construction business
ï¿½ required Ist or 2nd
mortgage on business
assets
ï¿½ Micro-oan Program                                                   loans from $5,000 -'$25,000	*	businesses apply directly
for fixed assets or working	ï¿½	must be unable to obtain credit
capital; up to six-year term,	elsewhere
fixed market rates          ï¿½	personal guarantees required
;'"'"ï¿½re~"~ianï¿½...................................................................................".........u...............................................r........
.s..............................
*   re PatnPrograr       n    Maine Forest Service:           0	only for purchase and        * lclgvrmns  small
1-800-367-0223 or 287-2791	planting of trees on state,      businesses with local governments
local or small business
properties
*	50% match requirement
Farmers Home Administration	Farmers Home Administration,  ï¿½	80% loan guarantees to	local government, special purpose unit
program	Bangor Office: 990-9120	support financing	of government, nonprofit agencies
*   businesslindustdal loan	"improvements in rural life",
guarantees	for fixed assets, real estate,
working capital
...........~~~~~~~~~~~~~~~~~~~~~........ ,w io:11!n11..p.......
..........................................
G'"ommunity facilities                      .                         direct government funds or
loan guarantees to improve,
develop or finance essential
community facilities
priority given to areas of
high employment
ï¿½  program only available in
areas with less than 50,000
population
ï¿½ favorable provisions for-
facilities serving low income
groups
Finance Authority of Maine	Finance Authority of Maine,     .	90% guarantee up to	*	businesses apply directly
ï¿½ small business loans	Augusta Office: 623-3263	$1,000,000 for most	.	security interest on available assets
ï¿½ working capital loans	purposes except	required from borrower
construction financing and
housing
ï¿½ businesses must have 50 or
fewer employees and sales
of 5 million or less
~~~~~~~~~~~~~~~~~~~~~~~~~~................... ........................................................ .......................;
.........................................................................................................
ï¿½   Maine Job Start                                               ï¿½   loans, 2% below prime, for	ï¿½	local small businesses
fixed assets and working	ï¿½	review and approval of application
capital	by Washington-Hancock
.   $10,000 maximum	Community Action Agency
exposure; 4-5 year term
and maximum net worth of
recipient $25,000; gross
household income of less
than 80% of state median
32

THE RIGHT TACK

Public Financing Opportunities for Harbor Development Projects
Loan/Grant Program                  Administering                Scope of the Program               Who Can Apply and Other
Agency/Contact                                                        Requirements
Finance Authority of Maine	Finance Authority of Maine	ï¿½	loans for fixed assets and    *	taxable and
tax exempt market
Smart-E Bond	Augusta Office: 623-3263	associated soft costs, from	rates
$250,000 to $7 million       *	First security interest in financed
financing restricted to	assets required
manufacturing facilities,
solid waste disposal facility
and nonprofit corporations
*   linked investment for	*	one yea' renewable loans "at *	local 'ibusines'i se
...........................
commercial enterprise	2% below CD rate for real    ï¿½	security interest in financed assets
estate, fixed assets,	required
working capital
*   limit of $200,000 for firms
with less than 20
employees
*   must be manufacturer
and/or have 70% sales out
of state
*   economic recovery loans                                      *   directloans at prime +4/%	*	local businesses
for most normal business	*	security interest in financed assets
uses	required
ï¿½ borrower must have
exhausted all available
sources
Housing and Urban	Maine Department of             ï¿½	grant used to provide loan	*	local government
Development (Community	Economic and Community	to a business for creation of	ï¿½	requires subordinated mortgage
Development Block Grant)	Development: 287-8484	jobs or housing units	lien on financed assets
programs:                                                          ï¿½	must benefit low to          *	flexible interest rate dependent on
*	Development Fund	moderate income residents	project need
*	Interim ("gap") financing	(51% of total benefit)       ï¿½	approval by legislative body
ï¿½	maximum $100,000 cannot	required
be more than 40% of total
project cost
''""    '  ''  ' e   ii  ; ..........;.a `-n ...............................................................................;..'........................................................................
*   Community Revitalization       Maine Department of             *	grants to fund town	*	local govemments
Economic and Community	projects, e.g., public	ï¿½	approval by town meeting required
Development: 287-8484	facilities, utilities, housing
rehabilitation, historic
preservation, special
economic development, etc.
ï¿½ must benefit low to
moderate income residents
(51% of total benefit)
ï¿½ maximum grant of $400,000
requires 20% local match
Dept. of Interior programs:	Department of Conservation:    *	grants provided for            *   local govemment or school district
Land and Water Conservation	287-2524	acquisition, development of
Fund	outdoor recreation
facilities/space
ï¿½  first priorities are water
access and land acquisition
*	50% match required
Boat Facilities Program            Maine Bureau of Parks and       *	funding for construction of   *   local govemments
Recreation: 287-4952	boat launching facilities,
land acquisition
Urban and Community Forestry	Maine Forest Service:                *	program and project          *	State, county or local govemment,
Assistance Program (formerly	1-800-367-0223 or 287-2791	development for	non-profits
America the Beautiful)	environmental education

* .  ,  33  -

: :
THE RIGHT TACK

Public Financing Opportunities for Harbor Development Projects
LoanlGrant Program                  Administering               Scope of the Program              Who Can Apply and Other
AgencylContact                                                       Requirements
Regional Economic	Eastem Maine Development    *	any $10,000 - $1 million	*	local businesses
Development Agencies:	Corporation: 942-3689	business assets can be	*	rates slightly lower than market
Revolving Loan Fund	Northern Kennebec	financed, loans done in	rates
Development Commission:	conjunction with local banks
873-0711                       *	limited to 50% of financed
Androscoggin Valley Council	assets
of Governments: 783-9186       *	limited to businesses in
agencies' respective
regions
Department of Economic and	Department of Economic and   *	special district established   ï¿½   local units of government
Community Development	Community Development:	by town to promote
programs:	287-2656	- business development
state tax increment financing	*	25% of new state tax
revenue (sales tax or
income tax) generated in
the district returned to
municipality for a maximum
of 10 years
*   returned state tax revenues -
can be used to finance the
development or to help pay
for roads, sewer, etc. as
necessary for the
development to occur
*   can include retail or
industrial activity
*	state approval required
"io'-i' incre-me'n'inan ........................n.'""- "	..................fo'ji' u              W'i 'g-o-vern-we/i{ .........................
 local tax increment financing   Department of Economic and   .	similar to State Tax            local units of governments
Community Development:	Incremental Financing (see
287-2656	above) except towns devote
part of the increased
property taxes received to
help finance infrastructure
for new development
*   state approval required
*  Waterfront Action Grants       Maine State Planning Office	specific harbor planning and      local units of govemment
(287-3261)	management activities
*  boat pump-out grant program	75% of grant goes for boat       towns, cities and marina owners
pump-out facilities
Maine Department of	Maine Department of             ï¿½	broadens application of	Local and State governmental
Transportation programs:	Transportation: 287-3131	federal highway programs	agencies; Maine Department of
Intermodal Surface	to include "multi-modal	Transportation administers program
Transportation Efficiency Act	facilities" and improvements	directly with advice from Regional
such as tree planting,	Transportation Advisory Committees
landscaping, bike paths,
scenic easements, historic
sites, sign removal, etc.
Inland Fisheries and Wildlife:	Inland Fisheries and Wildlife:   ï¿½	funds for small boat access  local units of government
ï¿½   public access development	287-4471	sites
funds                                                         ï¿½	priorities for prime fishery
habitat areas
34

I .   ~~~~~~~~~THE RIGHT TACK
PROAMOTI NG PRIVATE I NVESTMENT
Private investment in harbor and waterfront facilities can be encouraged
in a variety of ways. Certain public improvements or zoning
designations can make it attractive to developers to put in services or
other types of facilities that will complement existing harbor activities.
An active harbor comimittee with a good conumunity-supported plan for
development is a rarity these days. Private developers will be eager to
work with you. Contact a representative of one of the various regional
economic developm~ent organizations for help.
There are 20 ferries operating
from Maine's harbors, 65 cruise
ships visit yearly, and inore
than 65 other types of boat
cruises operate fromn Maine
harbors. Excursions and
charters also operate along the
coast of Maine and 11
comnpanies now ferry tourists
and researchers to sites offshore
in search of humnpback and fin
whales.










~~~~~~"-4






hc~~~~~~~w~' tomng   n  uidoiisw rfrontil sccse The


Plan is tog ehpw Eatstp, t watierf    t tprot iclalybue in,te
fu~~~~1rcra"tine


the thiAngsteydciddt  o>.k
1	stenghen he arbo maters--a, e, bmg
2	onine ffrs o elcaeth crg fcliy utf h
dbwritown area to'E~t&andab
3 cotinu wih Pnrovenens t   a theTowi s ishpir
4   edret -eietiti1 otig o henothen  o3te

THE RIGHT TACK
MAINE'S, COASTAL POLICIES                                                                 .

An-19806,heState-'ofManeaceinolwnncosapoiiswihaet'                                tecndctf   tvtesn
coastal areas. All Port and harbor mi-anagement should recognizia these.d1lrectiVs
f:Port'and harbor developmient. Pronmote the:rnaiiAnatiace, dev6lopmeranfrevitahization,of te SPte'is pots
-~and har~bors for fishing', transportation and recreation.

2>Marine resource management. Man'age.the m-arin sniomn   n  t reaii~c r'o'e t	rsre Tricl
irmprove the ecologiecal integritv -ancd div"ersity of mariffe co0rmmunities aii4fhabitat	toepn	r
uinder'standing of the productivit  of the Gulf,of Mafine. n   osa    s   idt	nac  the'econornic value
-.Of the State's renew-able marine resources.,
3. Shoreline management and access. Su ppor t'shoreline managemerntthat gives pt-eference to w-ate'r
dependent uses oer-other uises, that promotes piiblic'a'ccess to th shorehtl  anb t,a ~nie   h
cumnul-ative effects cif ~developmn   ncatlr~ucs

4;Hazaid area devel-opmient. Discourage growth And n&r develo-pment mWcostal area`s-;whee, because o,f
cosal'storms', flooding, land5lides or sea level rise; it is hazardous to humnan health and safety.

5.  State and local cooperative managemnent. Encourage and "support cooveriftive state, and municipal
managemeni of,coastal. resources.

6:Scenic and natural-arae-a's protection. Protect and manartge critical habitatlah"dn na't-oral areas"of stae anid
nationl sgiincanmaintaini th scncbauty and chiaracter of, th 'ost eveira where;
'development occurs.
-7.  Recreation andtourism. E-7xpand the opportunitie-s for outdoor recreatior and enouage appropriate coata
tourist activities and developmen't.       ~
8.  W-ater quaity. Restr and maintain the qulitoriirfesh m,arine.anid estumarine watersito allow, o: h
~broacdest possible- diversity of public and privatd u ses.~
9'.  Air qua iity. Restore anid maintain coastal air qpal't)- 1- rtect the heth' diiesaK  iitors and to
-proteOt enjoyment of the nat-Lral beatity anid mfaritime, characteristicso6 h  an   os
, -1
36

THE RIGHT TACK
~~~~~~~~~-.'.
CHARACTFRISTICS OF MAINE'S MAJOR HARRORS *
Region	I. Ptec.n.m  Wds	Interest, Beauty and	l
Region	Protection from Winds	Aractiveness            Facilities	I Working Harbor           Other Features, Comments
Characteristics of Harbor	Hurricane	Well	Very       Pleasant	Water (W)	Boat Yard	#of Commercial
and Location	Hole	Protected	Attractive	Groceres (G)	ILaunch	Fishing Vessels
Fuel (F)	Area
Southern Coast: short on harbors and close to population centers, consists of a series of shallow bays and occasionally rocky headlands, many beaches
KITTERY                                                                                                             84
Back Channel                    X                                             W,F               BY/L                             full of moorings, little anchoring room
YORK
York Harbor                     X                                     X       W,G,F             BY                               no anchoring, crowded harbor, tricky to
enter
KENNEBUNKPORT                                                                                                       45
Kennebunkport                   X                                             W,G,F             BY                               crowded harbor, several marinas,
shallow mooring areas
CAPE PORPOISE HBR
Cape Porpoise Harbor                         X                                W,G,F                                              working harbor, all moorings are
private
BIDDEFORD POOL                                                                                                      28
The Pool                                     X                        X       W,G.F                                              no anchoring, tiny harbor, bird
watchers' paradise
Casco Bay: hundreds of islands, great estuaries and sounds, beginning of rocky promontories, bay itself approximately 20 miles wide, Portland metro a dominant feature
PORTLAND                                                  X                   W,G,F             BY/L               146           ferry terminal, new marina facilities,
commercial activity, several marinas
YARMOUTH                                                                                                            36
Royal River                     X                                             W,F               BY/L                             some moorings, 340 slips available
STATE-OWNED
Jewell Island                                X            X                                                                      no moorings, anchoring only, small
harbor, great views and walking trails
SO. FREEPORT                                                                                                        47
Harraseeket River                            X            X                   W.G,F             BY/L                             narrow harbor entrance, no anchoring,
busy place
HARPSWELL                                                                                                          332
Long Cove                       X	unmarked ledges, difficult entrance
Snow Island	X                        X	good anchoring, uncrowded, idyllic
Orrs Cove	X                                W,F               BY	ample room to anchor, easy to enter
PHIPPSBURG                                                                                                         123
Cape Small Harbor               X                                     X                                                          difficult to enter, mostly anchoring,
some moorings
Sebasco Harbor                               X                                W,F                                                working harbor, some moorings,
mostly anchoring
The Basin                       X                                     X                                                          anchoring only, idyllic setting
Midcoast and the Rivers: many rivers, large islands, several major peninsulas, rich history
WISCASSET                                                             X       W,G,F             BY/L                             many facilities including town pier,
historic village
RICHMOND                                                                                                            6
Richmond                                     X                                W,G               L                                some moorings, town float
SWAN ISLAND
Swan Island                                  X            X                                                                      state wildlife refuge, visitors must
come through Richmond
BATH                                                                  X       W,G,F             BY/L                39           historic city, many attractions. hard
current on an ebb tide
SOUTHPORT                                                                                                           33
Cozy Harbor	X	W,G,F	anchoring available, crowded
Maddock Cove	X	W,G,F             BY	major yard
Love Cove	X	X	tricky to enter, cable area
FIVE ISLANDS	X       W,G,F             BY	attractive, well protected
GEORGETOWN                                                                                                          45
Riggs Cove                                   X                                W,G,F             BY                               excellent boat supply. 40 slips. 70
moorings
Robinhood Cove                  X	anchoring only
DARMISCOVE ISLAND                                         X	historic site
BOOTHBAY HARBOR	X                                W,G,F             BY                  44	large, easy to enter, public landing
Oak Cove	X	anchoring only
BOOTHBAY                                                                                        BY/L               101
Hodgdon Cove                                 X	anchoring only
Sawyer Island                   X	anchoring only
Cross R. and Oven Mouth	X                        X	anchoring only, wonderful entrance
Little River	X                                W,F	difficult to enter, working harbor,
anchoring
Pleasant Cove                                X                                                                                   anchoring only, easy to enter
SO. BRISTOL                                                                                                         62
Seal Cove                       X                                     X                                                          anchoring only, many seals, difficult to
enter, strong current






37

THE RIGHT TACK


CHARACTERISTICS OF MAINE'S MAJOR HARBORS *
Interest, Beauty and
Region	Protection from Winds	Attractiveness               Facilities	Working Harbor          Other Features, Comments
Characteristics of Harbor	Hurricane	Well	Very      Pleasant	Water (W)	Boat Yard	# of Commercial
and Location	Hole	Protected	Attractive	Groceries (G)	/Launch	Fishing Vessels
Fuel (F)	Area
BRISTOL                                                                                                         88
Witch Island                               X                                                                                excellent anchorage, sanctuary of ME
Audubon
Poorhouse Cove	X	private moorings only
Eastem Branch	X	private moorings, dangerous entrance,
good anchorage
Round Pond                                 X                                F               BY                              town float landing w/launching ramp,
limited room
New Harbor                                 X                                W,G,F                                           working harbor, few moorings, no
anchorage
PEMAQUID HARBOR                                                     X                       BY	short walk to the beach, historic site
MONHEGAN                                                X                   W,G,F                               9	many facilities, open to ocean swells,
poor anchoring conditions
BREMEN                                                                                                          45
Hog Island                                 X                        X                       BY                              no anchoring, some moorings
available
CUSHING
Hombam Cove	X	private moorings, anchoring only
Pleasant Point Gut	X	working harbor, some moorings,
mostly anchoring
TENANTS HARBOR	X       W,G,F           BY/L	attractive working harbor
HIGH ISLAND HABOR	X	large quarry area
ROCKLAND	W,G,F	BY/L	many attractions
ROCKPORT                                                X	W,G,F	BY/L	small, but beautiful harbor
FRIENDSHIP
Harbor Island                              X                        X                       L                               limited, poor anchoring conditions
ST. GEORGE
Allen Is. and Georges Hbr                  X                        X                                                       private island, visiting not encouraged,
but allowed
THOMASTON                                  X                                W,G,F           BY                              town launching ramp and floats
Penobscot Bay: many traditional fishing villages and tourist spots, best cruising grounds, many islands and protected harbors
MATINICUS                                               X	G,F                                 25	working harbor
PORT CLYDE                                                          X	W,G,F           BY	working harbor, ferry terminal to
Monhegan
ST. GEORGE
Long Cove	X                        X	BY	no moorings, anchoring only
CAMDEN	X	X	W,G,F	BY/L	crowded, but a jewel of Penobscot Bay
NORTH HAVEN	X	W,G,F	BY	good facilities
Pulpit Harbor	X	X	W,G	BY	no moorings, anchoring only
Perry Creek	X                                    X	private moorings, anchorage
VINALHAVEN
Winter Harbor                              X	X	anchorage
Seal Bay                       X	X	anchorage
Carvers Harbor                             X	X	W,G,F           BY	working harbor, limited anchorage
Hurricane Island                                        X	W	school location
Long Cove                      X	private moorings, anchorage
ISLESBORO                                                                                                       21
Sabbathday Harbor                          X                                                                                private moorings, anchorage
Cradle Cove	X	W,F             BY
SEARSPORT HARBOR	X	W,G	15          exposed to ocean, historic port
STOCKTON SPRINGS	23
Stockton Harbor                            X	BY/L	land at launching ramp or beach
BELFAST	W,F,G	BY/L	good facilities, city landing
CASTINE                                                 X	W,G,F	BY                  3	current makes difficult anchoring
Smith Cove	X	anchor only
Holbrook Island Harbor	X                        X	anchorage, conservation area
CAPE ROSIER
Horseshoe Cove                 X                                            W                                               mooring floats and stakes, anchor only
in channel
Orcutt Harbor                              X                                                                                anchor in midchannel
BROOKSVILLE                                                                                                    23
Bucks Hbr/Lem's Cove           X                                    X       W,G,F           BY                              moorings and anchorage available
Mount Desert: great topographic relief and sailing area, Jericho Bay, Blue Hill and Frenchman Bay mostly wide, open, and deep
DEER ISLE                                                                                                      123
Northwest Harbor	X	G	anchorage
Burnt Cove	X	F	anchorage
Webb Cove (inner)              X	X	anchorage
Southeast Harbor	X	anchor in basin
Inner Harbor	anchorage
STONINGTON                                              X                   W,G,F           BY	140	working harbor
SEDGWICKIBROOKLIN	13/29
Benjamin River                 X                                            G               BY                              moorings, anchorage, town dock



38

CHARACTERISTICS OF MAINE'S MAJOR HARBORS *
Interest, Beauty and
Region	Protection from Winds	Attractiveness              Facilities	Working Harbor           Other Features, Comments
Characteristics of Harbor	Hurricane	Well	Very      Pleasant	Water (N)	BoatYard	# of Commercial
and Location	Hole	Protected	Attractive	Groceries (G)	/Launch	Fishing Vessels
Fuel (F)	Area
SWAN'S ISLAND                                                                                                  49
Buckle Harbor	X	X	anchorage
Bumt Coat Harbor	X	X       W,F              BY	moorings, anchoring, land at dinghy
float or wharf
FRENCHBORO                                                                                                      6
Frenchboro (Long Island)                   X            X                  W,F                                              moorings, anchorage
BLUE HILL                                                                                                      27
Blue Hill Harbor               X                        X                  W,F,G            BY                              moorings, anchorage, crowded
TREMONT                                                                                                        42
Somes Cove	X	anchorage
Sawyer Cove	X	anchorage
Bass Harbor (inner)	X                       X       W,F              BY	moorings, slips and anchorage,
Swan's Island Ferry
SOUTHWEST HARBOR	X	W,G,F	BYIL	31	many boat builders, Coast Guard
GREAT CRANBERRY	X	W,G,F	BY	13	plenty of anchorage
LITTLE CRANBERRY	X	G,F	BY	some moorings available
NORTHEAST HARBOR                           X            X	W,G,F	BY                 35	town dock, floats, moorings
SOMESVILLE
Somes Harbor	X	X	G	anchorage
BAR HARBOR	X	X	W,G,F            BY/L               33	crowded and busy, popular cruise ship
destination
Down East: coves are all working harbors, wildlife is abundant, islands are uninhabited, dense fog, strong currents, and high tides
SORRENTO                                                                                                       10
Back Cove                                  X                               W,G                                              working harbor, anchorage, beautiful
setting
GOULDSBORO                                                                                                     75
Bunkers Harbor	X	W,F	anchorage
Corea	X                       X	F	anchorage
WINTER HARBOR                                                                                                  27
Inner Harbor                               X                               W,G,F                                            no anchorage
BEALSIJONESPORT                                                                                                ISO
Mud Hole (Great Wass           X                        X                                                                   anchorage
Island)
ADDISON                                                                                                        124
Eastem Harbor                              X                       X	W,G,F	BY	anchorage
JONESPORT	G,F	BY                 138	town marina
Cows Yard and Head Hbr                     X	anchorage
Bunker Cove                    X                                   X	anchorage
Shorey Cove                                X	anchorage
MACHIASPORT                                                                                                    123
Moose Snare Cove               X                                                                                            anchorage
Passamaquoddy Bay: foggy, strong currents, huge tides, U.S. and Canadian waters
CUTLER	X                      X	W,G.F                               45           anchorage
North Head                I	X	a              X     J	l
EASTPORT	X                 X    X	W,G,F             BY        I	59         J commercial port, many facilities
PERRY	23
Sipp Bay                                                                     X                                              anchorage
LUBEC                                                                                                          82
Federal Harbor                 X                                   X                                                        anchorage


Wildlife, Boat Registrations, 1991.
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BOOTH BAY HARBOR
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BIBLIOGRAPHY

BOOKS

Catena, John G., et al. Policy ptinns for Maines Marine Waters: A Report of the Marine Plicy
Committee of the Land and Water Resources Council. Augusta, Maine: Maine State Planning Office,
1992.

Friedman, John. Retracking America: A Theory of Transactive Planning. Garden City, NY: Anchor Press,
1973.

Prosser, William, et al. Harbor Managemnt: A Legal Guide fA EHarbor Masters and Coastal OfficiaLs.
Orono, Maine: University of Maine, 1993.

Taft, Hank and Jan. A Cruising Guide to the Maine Coast. Camden, Maine: International Marine
Publishing, 1991.


HARBOR AND WATERFRONT PLANS

Childs Engineering Corporation. Harbor Berthing Managemet Plan for the City of Portland, Maine and
City of South Portland, Maine. Medfield, Massachusetts.

Eastport Project Oversight Committee. Comprehensive Harbor and Waterfront Plan for the City of
Eastport. Eastport, Maine; September, 1991.

Governmental Services Inc. Comprehensive Harbor Plan for the Town of Scarborough. Scarborough,
Maine; 1987.

Harbor Advisory Committee. Cape Elizabeth, Maine, Final Report. Cape Elizabeth, Maine; September,
1988.

T.Y. Lin International/Hunter-Ballew Associates. Bangor-Brewer Waterfront Plan. Falmouth, Maine;
August, 1990.

Washington County Regional Planning Commission. Jonesport Waterfront Acin  Plan. Machias,
Maine; 1987.


HANDBOOKS, BULLETINS, AND REPORTS

Department of Environmental Protection. Model Municipal Harbor Management Plan. Connecticut,
1985.

Greater Portland Council of Governments. Developing a Capital Improvements Program. Portland,
Maine; 1990.

Hancock County Planning Comnmission. Citizen Participation How Do We Get the Public Involved in
Planning for the Future of Our Communities? Ellsworth, Maine; January, 1990.
41





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Island Institute. Protecting Working Waterfronts. Rockland, Maine; December, 1987.

Land and Water Associates and Maine Tomorrow. Coastal Management Techniques, A Handbook for
Local Officials. Hallowell, Maine; October, 1988.

Maine Department of Economic and Community Development. Comprehensive Planning: A Manual For
Maine's Communities. Augusta, Maine; November, 1992.

Maine Department of Economic and Community Development. Harbor Ordinance and Mooring Survey.
Augusta, Maine; September 11, 1989.

Maine Department of Economic and Community Development. Performance Standards for Piers, Dicks,
Wharves, and Other Marine Structures. Augusta, Maine; 1991.

Maine Department of Environmental Protection. Maines Marine Fnvironment: A Plan for Protection.
Augusta, Maine; March, 1989.

Maine Department of Transportation, Port and Marine Transportation Division. Planning Study of
Maine Coastal Port and Harbor Needs. Augusta, Maine; January, 1990.

Maine Department of Transportation. Maine Port Development Study, Port Facility Inventory and
Evaluation, Volumes I and II. Augusta, Maine; 1986.

Maine State Planning Office and the Maine Department of Economic and Community Development. A
Guide to the Regulatory and Funding Process for Coastal Dredging. Augusta, Maine; November, 1989.

Maine State Planning Office and the Maine Department of Economic and Community Development.
Protecting Prime Sites For Water Dependent Uses. Augusta, Maine; 1989.

Maine State Planning Office. A Coastal Program Conference: Techniques for Improving Maine's Harbors
and Waterfronts. Augusta, Maine; May, 1981.

Maine State Planning Office. Public Access to the Maine Coast. Augusta, Maine; August, 1986.

Marine Law Institute. Draft Guide for Harbor Management in Harbor and Waterfront Plannin
Handbook, Maine Department of Economic and Community Development. Augusta, Maine; October,
1989.

Office of Community Development, Maine Department of Economic and Community Development.
Public Access Series. Augusta, Maine; 1988-1990.

This series includes the following titles:
* Coastal Right-of-Way Rediscovery Program
* Liability
* Planning and Implementing Public Shoreline Access
* How to Conduct an Inventory of Scenic Areas

Southern Maine Regional Planning Commission. Analyses of Boating Facility Supply and Demand
Alng the York County Coast. Sanford, Maine; June, 1991.
42

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University of Maine School of Law. Managing the Shoreline for Water Dependent Uses. Portland,
Maine; December, 1988.

University of Maine School of Law and the National Science Foundation. Maine Law Affecting Marine
Resources: State, Public, and Private Rights, Privileges, and Powers; Volume II. Portland, Maine; 1970.

University of Maine School of Law. Guidebook to the Economics of Waterfront Planning and Water
Dependent Uses. Portland, Maine; December, 1988.

i.
VINALHAVEN
Ak
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APPENDIX A:
PROTECTING PRIME SITES FOR WATER DEPENDENT USES

INTRODUCTION
Maine's coastline is over 3,500 miles long, yet only about 10 percent has sufficiently deep and sheltered
water to provide necessary operational areas for Maine's marine industries. Of the approximately 175
miles that are suitable for working waterfront activities, more than half are already occupied by a
variety of residential, commercial, and industrial uses. Moreover, during the past 10 years, growth
pressures and rising real estate values have provided incentives for the conversion of vacant properties
and structures and boatyards that supported maritime industries to housing, professional offices, and
other types of land use activities that do not require a waterfront location.

Many coastal communities are concerned about the loss of traditional "water dependent" activities
along their waterfronts and conflicts arising between new waterfront development, such as apartments
or restaurants and marine industries. For instance, the noises and smells associated with commercial
fishing activities are often not welcomed by owners of adjacent residential properties. Additional
pressures are created as commercial fishermen and increasing numbers of recreational boaters are
forced to compete for limited moorings and docking space in busy harbors.

Strong local support for protecting traditional waterfront activities led to enactment of Maine's Coastal
Policies in 1986 by the Legislature. The nine Coastal Policies, listed on page 36, cover a wide range of
topics affecting the use and management of coastal resources. Under this law, State and municipal
actions affecting coastal areas - regulation, funding and planning - are required to be consistent with
the Coastal Policies. Two of the Coastal Policies are particularly relevant to the protection of water
dependent uses:

Policy #1 - To promote the maintenance, development, and revitalization of the state's ports and
harbors for fishing, transportation, and recreation.

Policy #3 - Support shoreline management that gives preference to water dependent uses over other
uses; that promotes public access to the shoreline; and that considers the cumulative effect of
development on coastal resources.

To help communities implement these policies, the Legislature also amended the Shoreland Zoning
statute to encourage municipalities to establish districts, under local zoning ordinances, that give
preference to water dependent uses.

In 1989, Maine's communities began developing comprehensive plans and implementation programs
under the Comprehensive Planning and Land Use Regulation Act of 1988. Coastal cities and towns are
required to ensure that local plans and implementation programs are consistent with the Coastal
Policies and ten state goals specified by the Act. One of these goals, echoing the concerns addressed by
the Coastal Policies, directs municipalities to "protect the state's marine resources industry, ports, and
harbors from incompatible development and to promote access to the shore for commercial fishermen
and the public."

As a first step, to assist communities interested in protecting water dependent uses, the State Planning
Office (SPO) has prepared maps that show existing and prime water dependent use sites in all coastal
--45---
45

cities and towns. The following discussion explains how these maps were prepared and provides
suggestions for using the maps as local plans and implementation programs are developed.
Development of these water dependent use maps is part of a more comprehensive effort by SPO to
help cominunities improve local management of coastal resources.


WHAT Is A WATER DEPENDENT USE?
A water dependent use is one that must have direct access to the water in order to function. Other
uses, such as restaurants, professional offices, and condonminiums, may be enhanced by a waterfront
location, but do not require one. Maine law defines functional water dependent uses as:

...those uses that require for their primary purpose, location on submerged lands or that
require direct access to, or location in, coastal waters and which therefore cannot be
located away fromi these waters. Those uses include, but are not limited to, commercial
and recreational fishing and boating facilities,finfish and sheltlfsh processing, storage,
and retail and wholesale marketing facilities, waterfront dock and port facilities,
shipyards and boat building facilities, marinas, navigation aides, basins and channels,
industrial uses dependent upon water-borne transportation or requiring large volumes
of cooling or processing water that cannot reasonably be located or operated at an
inland site and uses which primarily provide general public access to marine or tidal
waters (38 MRSA 436 [1-D]).

As communities initiate harbor and waterfront planning activities, defining what is meant by the term
"water dependent use" will be important. Commnunities may choose to adopt the state definition
above or develop one that is more tailored to reflect local needs and circumstances. In some instances,
it may be necessary to distinguish "water dependent uses' from "water related uses." A water related
use is one which is not intrinsically dependent on a waterfront location but whose operation benefits
economically from a shoreline location. Examples are marine electronics sales and repair
establishments, marine refrigeration and plumbing establishments, and boat rigging establishments.
Generally, definitions that list specific uses instead of using broad open-ended descriptions will be
easier to interpret and administer. It also may be necessary to define key terms such as marinas,
marine-related offices or restaurants which may have broad interpretations unless they can be
delineated.


THE MAPPING PROJECT
The goal of this mapping project is to identify coastal areas that are particularly suitable for water
dependent uses. Suitable sites, characterized by special physical features described below, are
important natural resources along Maine's coastline. THE SITES DESIGNATED ON THE MAPS DO
NOT HAVE FIXED BOUNDARIES, BUT ARE MEANT TO HIGHLIGHT GENERAL AREAS THAT
ARE SUITED FOR WATER DEPENDENT ACTIVITIES. Consequently, communities are encouraged
to supplement these maps with more detailed inventories and assessments that meet local needs.
Suggestions for additional data collection efforts are outlined below. For the purposes of this project,
areas ideally suited to support water dependent uses include those meeting the following three
criteria:

1) Land Slope: less that 15% slope within 250 feet of the shore;
2) Water Depth: at least 5 feet within 150 feet of the shore at mean low water; and,
3) Protection: generally sheltered fromn excessive wind and seas year round.
46

-' -": :': -                    :: X          -                                     THE RIGHT TACK

Each of the three criteria was mapped separately, then the sites that overlapped were designated as
potentially prime sites. Existing water dependent use sites (not necessarily "prime" sites) were also
mapped to serve as a point of reference. A draft map was sent to town and city officials so that the
prime sites could be verified. After incorporating local comments, the final site selections were made.

The actual mapping process consisted of the following steps:

*  To identify suitable land slopes, areas within the 40 foot contour line on United States Geological
Survey topographic quadrangles (1:2400) were shaded. The 40 foot contour was determined using
the formula for slope (rise/run); thus, a 15% slope means no greater than a 37.5 foot incline over a
distance of 250 feet..

*  To identify areas with suitable water depth, the line 150 feet from the shore was marked on
National Oceanographic and Atmospheric Administration (NOAA) nautical charts. Then, if the
150 foot line was at, or greater than, the six-foot depth contour line, the area was shaded as an
acceptable depth.

ï¿½  To identify areas suitably protected, the NOAA charts and local knowledge of the coastline were
used. This aspect of the mapping process relied most heavily on local review.


AVAILABILITY AND DESCRIPTION OF MAPS
Two types of maps are available to each coastal municipality. These maps include a single copy of a
large scale (1:12,000) blue-line map and several copies of a small scale (1:48,000) map. Figure 1 is an
example of a small map.

The maps identify those sites that are considered particularly "prime" for water dependent uses with
small square symbols. In addition, the maps identify existing water dependent uses with arrows.

The large map, which offers more detail, can be used at public meetings or during planning sessions.
The smaller one is inexpensive to reproduce and can be handed out at meetings or to the general
public.
47I

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Water Dependent Use Mapping Initiative
Maine State Planning Office
CASTINE                IV/S  P





(vss Pr0
(K
AS

'
)
Map Scale: 1:48,000
bce RAD
0	I~4000	800I
0	4000	8000
)ft.
----
The sites designated on this map do not
have fixed boundaries but are meant to
highlight areas which are prime for water-
dependent uses. The information may
not be exact and should be field checked.
For additional information contact your
local town officials or the Department of
Economic and Community Development.
LEGEND
*    PRIME SITE FOR WATER DEPENDENT USE
 EXISTING WATER DEPENDENT USE
I FIGURE 1|
48

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USING THE WATER DEPENDENT USE MAPS
The most important information provided by these maps is the location of prime water dependent use
sites using the three natural conditions described above. Clearly, however, these criteria are not the
only factors that determine suitable locations for water dependent activities. Indeed, as noted above,
many existing water dependent use sites are not identified as "prime" sites for this project, but are
imnportant sites.
The maps are intended to serve as a starting point for local boards or conumiittees concerned about
waterfront and harbor management issues. For example, under Maine's Comprehensive Planning law,
coastal cornmunities are required to set local policies and develop implementation strategies aimed at
the protection of water dependent uses. It is anticipated that these maps will be helpful as
communities begin to identify those areas where water dependent use activities should be encouraged.
Similarly, the maps should be helpful for coastal cities and towns undertaking more detailed harbor
and waterfront managenment plans. In other cases, communities updating or amending local shoreland
zoning ordinances may be able to use the maps to identify appropriate locations for special districts
that protect water dependent uses.

In each of these cases, however, communities will need to collect and analyze other types of
information. Other factors that should be considered include the following:

Existing and Surrounding Land Uses. Adding existing waterfront land use patterns (e.g. residential,
recreational, commnercial) to the water dependent use maps will help comamunities further define the
most appropriate areas to reserve for watex dependent activities. Communities are likely to be most
concerned about protecting waterfront areas that presently support water dependent uses, whether or
not they are mapped as "prime' sites. Additionally, vacant or underutilized properties adjacent to
prime water dependent use sites pose valuable opportunities. Conversely, waterfront land that is
already used for or is near an incompatible use, such as a reside-ntial development, will be less
desirable to reserve for water dependent uses.
Overland Transportation. Identifying existing or planned roads and rail lines that connect a
waterfront area with regional or national transportatio-n systerns may also be important factors. Some
water dependent uses, such as cargo handling facilities, are dependent on overland transportation to
the site and need particularly good roads. Railroads mnay be required or desirable for some types of
water dependent uses.
Availa'bility of Public Services and Utilities. Some water dependent uses may require municipal
services such as sewerage systemns, water supply and distribution systerms, and solid waste collection
and disposal systems. The availability of parking areas may also be important for certain water
dependent businesses and industries. Additionally, the existence of a town-owned wharf or boat
launching facility can serve as a focal point for water dependent activities.

Environmental Impacts. Some sites may be on or near wetlands, important aquifers, wildlife and
shellfish habitat, or other environmentally sensitive areas. Federal, State, and local envirornmental
regulations and other development constraints may limit the suitability of some sites for intensive
commercial or recreational activity.

Access to the Open Sea. Some sites may be cut off from the open sea by ledges or tidal flats.
49

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MANAGEMENT OPTIONS
Protecting water dependent uses is usually only one of several waterfront and harbor issues facing
coastal communities. Other concerns often include managing limited docking and mooring space,
ensuring adequate public water access sites and facilities, and coping with insufficient parking and
related traffic problems during the summer months.

Too often, crisis situations and unexpected circumstances, such as the sale of a prime waterfront lot,
require local officials to act without guidance from a community plan or a set of policies. Ideally,
concerns and problems related to waterfront and harbor areas should be identified and addressed as
part of an overall shoreline management plan or a community's comprehensive plan. Goals and
policies determined by a broad-based planning process can guide future decisions related to zoning,
land acquisitions, and capital improvements. An outline of the basic steps involved in the
waterfront/harbor planning process is presented in the first section of this book.

A variety of both regulatory and non-regulatory implementation techniques can be used by
communities to manage waterfront areas and protect water dependent u'ses. A successful strategy is
likely to incorporate more than one technique. For example, a municipality may choose to establish
zoning requirements that favor water dependent uses as well as acquire land for the development of a
dock and parking area that can be used by local fishermen. Several important techniques are described
briefly below; however, local officials are encouraged to review more detailed information and
examples presented in Coastal Management Techniques: A Handbook for Local Officials and obtain
planning assistance from your regional planning council or the State Planning Office (SPO).
Additionally, a new publication, Managing the Shoreline for Water Dependent Uses: A Handbook of
Legal Tools, prepared by the Marine Law Institute at the University of Maine School of Law for the
Maine Coastal Program, contains valuable information on legal issues and techniques related to the
protection of water dependent uses. Copies of both handbooks are available from SPO.


REGULATORY TECHNIQUES
Zoning is a common tool used by municipalities to regulate land use. Communities can adopt zoning
ordinances containing districts which favor or require water dependent uses. These districts can range
from strict Water Dependent Use Districts to ones which allow a mixture of uses. However, it is
important to keep in mind that Maine law requires that each municipal zoning ordinance be based on
a comprehensive plan. Thus, communities interested in waterfront zoning should first be sure that
local planning goals and policies support such an initiative.

As a community begins designing a Water Dependent Use District, the answers to the questions listed
on page 52 can help municipal planning committees determine appropriate types of uses given local
concerns and conditions. Often, communities find that more than one Water Dependent Use District is
needed to accommodate different sections and characteristics of the waterfront or shoreline, as well as
incompatible water dependent activities.

Strict Water Dependent Use Districts

Communities should consider adoption of strict Water Dependent Use Districts for areas containing
vital traditional commercial fishing businesses and industries. The noises, smells and general intensity
of these industries make their coexistence in close proximity with certain other land uses very difficult.
Once certain non-water dependent uses, such as offices and condominiums, are established near
__ ,                   _        .    _      ......  ------ --------_..
50

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fish'er operations, there may bepressure brought tohlmit marine industry activities, and eventuall to
convert the sites to other non-water dependent uses.

Additionally, com-munities may wish to control the types and/or sizes of water dependent uses
allowed in a Water Dependent Use District. For instance, permnitted uses could be restricted to specific
types, such as commnercial fishing and related activities (e.g. ice, bait and fuel vendors, retail and
wholesale marketing facilities, etc.). This type of lirmitation may be appropriate where berthing of
commercial fishing vessels is threatened by encroaching marina operations designed for recreational
use. Alternatively, commercial fishing could be favored by linmiting the size of other types of water
dependernt activities. For example, mnarinas could have limitations on the mnaximum niumber of slips
they offer for recreational boats. However,, it is impolrtant to ensure that all uses which are necessary
to the proper functioning of a working waterfront are included in a Water Dependent Use District.
Some water related uses, such as ice making, are necessary for fish processing and transportation.

The Department of Environmental Protection has prepared optional ordinance language for a
Maritime District as part of the 1989 revision of the Model Municipal Shoreland Zoning Ordinance.
The' "model' Maritime District, developed by an advisory conmmittee that included representatives of
marine industries, should be a useful guide for communities considering the establishment of such a
district.

Mixed Use Districts

Some commnunities may determine that allowing mixed uses in Water Dependent Use Districts is
appropriate. In some cases, the expenses associated with operating marine businesses and industries
can be offset by leasing or selling portions of buildings or land areas to non-water dependent uses.
Allowing mixed uses can also contribute to year-round econonmic activity in a waterfront area.
However, taking the time to identify- appropriate non-water dependent uses that should be permitted
or allowed as a conditional use in the District is important. For example, certain types of professional
offices, stores, or restaurants may be more compatible with marine businesses than residential
complexes, particularly when they offor services to or otherwise enhance a water dependent use.

Districts that permit non-water dependent uses can be limited so as to favor water dependent uses in
several ways:

*require fixed percentages of land area or building floor space to be devoted to water dependent
uses (or marine related uses);
0allow non-water dependent uses only on the upper floors (e.g., second or third floor) of buildings
in the District;
*limit building size and height (allow larger buildings for water dependent uses); and
*establish maximum permitted lot coverages (allow greater lot coverage for water dependent uses),
setback requirements, and specifieid building orientations.

Establishing these types of requirements is likely to affect possible uses of waterfront properties in the
District, as well as visual quality and the availability of public access to the water. As specific zoning
requirernents are developed, however, commrunities should take care to ensure that restrictions
established to control non-water dependent uses do not inadvertently hinder the operations of
maritime business and industries.




51
41

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QUESTIONs To GUIDE THE DESIGN OF WATER DEPENDENT UsE DISTRICTS
Purnose of the District

What is the comnmunity vision for the land area to be encompassed by the district?
This vision should be expressed in a general policy statement which describes the uses and
activities which the community wishes to promote, preserve, and protect. This policy should also
articulate the community's desired pattemn of physical development for the area.

Permitted and Conditional Uses

Note:
Permitted Uses are those uses allowed in a district provided that standard requirements, which apply
to all uses, are met. These requirements typically include mninimum lot size requirements, building
setbacks or yard requirements, and maximum lot coverage ratios.

Conditional Uses are those uses which may be appropriate in a clistrict if specific conditions are met
beyond the standard requirements for that district. These conditions must be in the form of specific
standards defining the type, size limitation, and other characteristics for the use. These conditions
must be clear and quantifiable in order to withstand legal scrutiny (see questions on performnance
standards below).

ï¿½ What uses in the proposed district are important to the community to retain and encourage?
T'hese uses should be permitted uses in the district. In the case of Water Dependent Use District,
these will be at least a large percentage of those uses described in Maine's definition of water
dependent uses noted at the beginning of this appendix.

* Are there specific non-water dependent uses needed by the water dependent uses in order for
them to function?
Examples are ice making for fishing operations, boat riggers and sailmrakers for marina operations,
marinas, and marine offices related to actual, water dependent activities. These supporting uses
(water-related uses) may be permitted or conditional uses. Designation as a 'conditional use" can
ensure that water-related us-es will not interfere with the water dependent uses in the district. To
accomplish this, the ordinance should include conditions which may take the form of maximum
area per lot devoted to use, prohibition from first floor occupancy, etc.

ï¿½ What non-water dependent uses can be safely accommodated along with the water dependent
uses without displacing them or detracting from their efficient operation?
Communities should give careful thought to allowing non-water dependent uses in the proposed
district. These uses may be limited to specific types of retail stores, offices, or industries that are
highly valued by the commnunity and/or fulfill a special need. Similar to the water related uses,
these uses may be designated as permnitted or conditional uses. However, to ensure that these uses
do not displace water dependent uses, their designation as conditional uses with clearly defined
standards is strongly recomnmended.
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Prohibited Uses

*  What non-water dependent uses threaten to- displace water dependent uses?
These uses should not be permitted in the proposed district unless they are adequately controlled.
Certain non-water dependent uses, such as residential development, may be incompatible with
commnercial water dependent uses under any conditions.

ï¿½ What existing uses will be made non-conformning by the proposed new district?
Since non-conforming status ("grandfathered") is usually severely restrictive, consideration should
be given to the effect this will have on existing businesses' expansion plans and operations. This is
particularly important if certain water dependent uses, such as fish rendering plants or marinas,
are assigned non-conforming status. It is very possible that restrictions imposed on expansion mnay
force such uses out of business. As a new Water Dependent Use District is developed, a
cornmunity may want to ensure that all existing water dependent uses are considered to be
conforming uses.

Multiinle Districts

ï¿½ Are there conflicts between different types of water dependent uses?
Conflicts between commercial fishermen and recreational boaters may be resolved by designating
different sections, of the waterfxont for each use.

* Are there sections of the waterfront that have different existing use patterns?
Waterfronts are complex and often will require two or more zoning districts to ensure adequate
regulation.

Pe-rformance Standards and Dimensio-nal Rerniirements

ï¿½ What spaces within the district cannot be fully utilized by water dependent uses and could be
devoted to some other uses without conflict?
In some cases, second or third floors in structures are not important to the operation of water
dependent uses.

* What spaces within the proposed district should remain open for...

... efficient operation of wafter dependent use activities? Large areas are often needed for boat and
equipment storage. Maximum lot cover ratios and building setback requirerments can ensure
adequate open space. Also, consideration should be given to the noise, smell and other operational
characteristics of water dependent uses.

... safety? Spacing between buildings is necessary for emergency and fire access.

... visual corridors and aesthetics? Many people value the view of the water from the streets and
sites near the harbor.

*What sizes and heights of structures should be allowed in the proposed district?
Communities may wish to limit the size of new buildings to the approximate size of existing
buildings in the harbor area. However, some water dependent uses which the community may
wish to encourage or retain might require larger buildings. In these cases, maximum building sizes
for water dependent uses and non-water dependent uses can be different.
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What size lot is adequate to accommodate the allowed buildings and u'ses, including their
parking and open spaces, etc.?
Communities may wish to establish a minimum lot size permnitted in the district. VWhile this
approach mnay limit flexibility in terms of using the site, it has the advantage of preventing the
creation of inappropriately small lots which may require variances from other dimensional
requirements of the district in order to be utilized.


NON-REGULATORY TECHNIQUES

Acquisition

As growth pressures have increased, waterfront land values have also risen. While the acquisition of
prime waterfront property can be expensive, it is one of the most effective ways for a community to
control waterfront development.

The traditional method of acquiring land is to purchase and retain all legal rights (fee simple). A
number of towns in Maine have purchased fishing piers or boat storage areas to help promote water
dependent activities. Waterfront land owned by a city or town can be leased with restrictions on the
types of uses perniitted. In Boothbay Harbor, for instance, the town purchased a fishing pier on the
harbor's eastern side. It is now leased to marine businesses and has preserved access for traditional
commercial  fishing activities. Communities can also buy land and resell the propert with restrictive
covenants on its use. Alternatively, a municipality may acq-uire a "less than fee interest" in a
waterfront parcel at less than the full market price, such as an easement for public access.

in some communities, land trusts may be helpful in protecting waterfro'nt property. Land trusts are
private non-profit organizations that can acquire or accept gifts of property, conser-vation easements,
or other interests in real property to enable public use or benefit from the land, including the
preservation of public access points for water dependent uses. Land trusts can also assume
responsibility for managing property owned by someone else. For example, the Town of Harpswell
acquired two acres of land at Mackerel Cove, an area traditionally used as,a park in the summer and
for boat storage in the winter. To ensure the continuation of this tradition, the Town placed covenants
on the land and asked the local land trust to manage the property. The Maine Coast Heritage Trust, a
statewide non-profit organization located in Brunswick and Northeast Harbor, provides assistance for
local land trusts.
Several grant programs, administered by State agencies, provide financial assistance for land and
easement acquisitions. Information about these programs is presented in the table on pages 32-34.

Public Improvements
Cormmunities can also encourage water dependent uses by providing needed public i-nfrastructure,
such as piers, docks, or parking facilities. Some water dependent uses also require public sewerage,
water, and road systems to support their operations. Municipal funds may also be used to pay for
harbor dredging projects. For example, the Town of Scarborough acquired a vacant parcel of land
adjacent to the town landing, is developing parking facilities for commercial and recreational users
and is providing other site improvements. Partial funding for the project was provided through
Maine's Coastal Program. Whether and how a community provides and maintains these facilities and
services can impact the viability of water dependent uses.
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APPENDIX B:-
NOTES ON DEVELOPING A HARBOR ORDINANCE

The following note-s are intended to outline the major provisions that should be included in a local
harbor ordinance. WVhen drafting a local harbor ordinance, it is important to keep in mind that it must
be consistent with the state Harbo-r Masters Law, Title 38, Chapter 1. For a detailed discussion of
Maine law governing harbor management rights and duties of municipalities and harbor masters, local
officials are encouraged to obtain a copy of Harb-or Maaement: A Legal Guide fort Harbor Masters
and Coasta Officials, from the University of Maine, Cooperative Extension Service, UMO, Libby Hall,
Room II10, Orono, Maine 04469 (there is a $5.00 fee for the handbook).-
In addition to the substantive areas discussea below, a local harbor ordinance should also include
sections on-
ï¿½ the title of the ordinance;
*  authority for the ordinance;
*pur-poses of the ordinance,
*effective date of the ordinance;
*conflicts with other ordinances;
*applicability of the ordinance; and
*validity and severability (i.e. if any section of the ordinance is declared invalid by the
courts, other sections or provisions of the ordinance remain valid).

As with land use ordinances, muracipal attorneys can provide valuable assistance in drafting local
harbor ordinances to ensure that all approoriate-sections and language are included.

The following eleven notes describe the major provisions which should be included in any harbor
ordinance. Each section begins with a brief description of the provision and is followed by examples
(in bold) frorn ordinances adopted by coastal communities in Maine. Copies of these and other local
harbor ordinances can be obtained from Maine Coastal Program staff at the State Planning Office (tel:
287-3261).



Two TYPES OF HARBOR' ORDINANCES
What type of harbor management program does the commnunity want? There are two main types of
harbor ordinances; ones that empower the harbor master to make arrests and carry a gun, and ones
that are more like zoning ordinances enforced by a code officer.
ff the harbor master is to make arrests (and presumably be armed), it should be stated in the ordinance
(see excerpts from Kittery and Rockport below). Conversely, if he or she is to act as a "code officer" it
should be so stated (see excerpt from Cumberland below).
Most Maine harbor masters are the code officer type. A harbor management program which includes
an arrest-empowered harbor master will require more extensive resources in terms of equipment,
mandatory harbor master police training, and salaries.
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Kittery:
The Harbor Master shall be empowered to make arrests for off enses under the provisions of the
regulations as other peace officers are authorized to do.

Cumberland:
The Hiarbor Master shall not make arrests or canry a weapon.

Rockport:
The Harbor Master may arrest and deliver to the police authorities on shore any person committing
an assault upon them or another person acting under their authority.


HARBOR COMMITTEES
If a harbor committee exists, the ordinance should contain a section that describes the duties of the
commidttee (see examples below), the membership of the conunittee (i.e., how many members, how
they are appointed and length of term, interests that should be represented on the committee, etc.), and
how the comimittee will operate (i.e., how the chair is selected, who calls meetings, etc.).

The following are some suggested guidelfines to consider when establishing a local harbor cormmittee.

a) Harbor comm-ittee mermbers should be appointed by elected officials.

b) There should be no more than seven members and if more or less, it should be an odd
number.
c) Harbor conmmittee merabers should represent a broad spectrum of the community. There
should be no more than two members of each of the following categories: commercial
fishermen; commercial boating; recreational boating; non-boating interests (i.e., business on
the water, waterfront property owners).

d) Terms should be limited to one 2-3 year period with one renewal. A member absent from
the cormmittee one term or more should be required to be reappointed.

e) All meetings should be open and announced to the public.

f) Harbor masters should attend all meetings and be a non-voting advisor.

Mount Desert:
The duties and responsibility of the Harbor Committee shall be to oversee the harbors and
report to the Board of Selectmen as follows:

a) To advise as to the custody, care and management of the harbors and their facilities.

b) To recommend policy for municipal harbors.

c) To recommend rules and regulations for use of the harbors.

d) To make recommendations on the construction of piers, wharves, breakwaters, marine
railways, or bulkheads,, within the harbor waters.
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e) To propose fees and harlbor operational budgets.

f) To develop short and long-range harbor plans.

g) To review the qualifications of persons seeking employment as Harbor Master or Deputy
Harbor Master.

'York:
The Board of Selectman shall appoint a Harbors Board, being a board of Town residents, to
serve without compensation, and to include five regular members who serve staggered terms
of three years and two alternate members who each serve a termn of one year. The duties and
responsibilities of the Harbors Board shall be:

1) To oversee and plan the general operation of the Harbors and Tidal Waters of the Town.

2) To hear appeals from decisions of the Harbor Master in accordance with the procedure
established in Section 111, Paragraph R of this ordinance.

3) To advise the Harbor Master in the implementation of the provisions of this ordinance,
including mooring space assignments.
4) To annually submit a budget request to the Selectmen, through the Town Manager, and
to administer the budget as approved.

5) To adopt written policies and procedures to facilitate administration of the Ordinance.

6) To make recommendations to the Board of Selectmen, through the Town Manager, for
the enhancement of harbor facilities for the long-range benefit of users and the town.

7) To make recommendations, as needed, to the Board of Selectmen, through the Town
Manager, for the revision and updating of this Ordinance.

8) To hold public informiational mneetings, as necessary, to assure adequate public
participation in deliberations and recommendations of the Board.

9) To report periodically to the Town Manager on the activities of the Board.


POWERs AND DUTIES OF THE HARBOR MASTER
Harbor ordinances should state clearly what the harbor master is empowered and required to do.
Examples include:

Belfast:
The duties and responsibilities of the Harbor Master are prescribed by the Title 38 M.R.S.A.
In addition, the Harbor Master, acting under the orders of the City Council, shall have full
authority in their interpretation and enforcement of all regulations affecting Belfast Harbor
and waters adjacent to the shoreline of the City of Belfast to the fullest extent permitted by
law.
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The Harbor Master Shall be overseer of the City's rnoorings,'floats, docks, ramps,
breakwater, channel and adjacent municipal property and ensure that their proper
maintenance shall be provided for.

The Harbor Master shall regularly attend the Harbor Advisory Committee's meetings and
inform the Committee of his activities as well as provide such available information as may
be requested by the Committee for the execution of its duties.

Yarmouth:
204.1 The Harbor Master or his deputy (if atiy), when duly appointed and qualified under
the provisions of this ordinance, shall have power and authority to do and perform all of the
duties of a Harbor Master, as provided in the Statutes of the State of Maine and acts
additional thereto and amendatory thereof, and shall enforce and carry out such rules and
regulations as may from time to time be made by the town Council for the regulation and
management of those areas designated in Section 102 of Article I of this ordinance, and the
use of public wharves, docks, piers and floats in the Town of Yarmouth.

204.2 The Harbor Master has jurisdiction over the entry of all vessels into those areas
designated in said Section 102 of Article I of this ordinance. No vessel shall be brought into
the municipality of Yarmnouth for the purpose of wrecking or scrapping without the
permission of the Harbor Master.

904.3 The Harbor Master shall enforce within his jurisdiction safety rules based on the
guidelines established by the Coast Guard, Coast Guard Auxiliary, Power Squadron and
other recognized authorities.

204.4 The Harbor Master shall have jurisdiction over all moonings in the Town of
Yarmouth.

204.5 The Harbor Master shall maintain and post a current mooring list and mooring
waiting list for Yarmouth Harbor and any other areas within the Town of Yarmnouth f or
which there has been established a mooring plan. A mooring plan, for the purposes of this
ordinance, shall be a system established or approved by the Harbor Master designating the
locations of moorings and/or anchorage of vessels.

204.6 In areas for which there has been a plan established, the mooring and anchoring of
boats, the manner thereof, the locus thereof, shall be under the supervision, direction and
control of the Harbor Master.


APPEALS FROM HARB3OR MASTER DECISIONS
There needs to be a way to appeal decisions made by a harbor master. This appeal process should be
specified in the ordinance.

Appeals are generally taken to a harbor committee appointed by the Selectmen (Council). Appeals can
also be taken to the Selectmen or directly to Superior Court.

Mt. Desert:
8.2.1 Any and all persons aggrieved directly or indirectly by a decision, order, rule or act,
or the failure to act of the Harbor Master may appeal said decision, order, rule, act, or failure
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to act. Such appal m-iust be in writing' directed to the Board of Selectmen and filed within
10 days of said decision, order, rule, act, or the failure to act. The appeal must state with
specificity the decision, order, rule, act, or failure to act and state the reasons for appeal. The
Board of Selectmen, upon hearing the appeal, may affirmn or modif or set aside the decision,
order, rule, act, or failure to act only if such is not supported by any facts or is clearly
contrary to the intent and specific provisions of this ordinance.

8.2.2 An appeal from the decision of the Board of Selectmen may be taken by the
aggrieved party or parties to Maine Superior Court in accordance with Maine Rules of Civil
Procedure SOB.

Cumberland:
1) Any and all persons aggrieved directly or indirectly by an action or failure to act of the
Harbor Master may appeal such action or failure to act to the Coastal Waters Commission.
In deciding any appeal, the Commission shall hear and approve, approve with modifications
or conditions, or disapprove the action or fail ure to act fromn which the appeal is made.

2) Such appeals shall be made by application in writing to the Coastal Waters Commission
within five calendar days of the action or failure to act from which the appeal is taken. The
application must state with specificity the action or failure to act from which the appeal is
taken and the reason for the appeal. The appeal shall be considered by the Coastal Waters
Commission at its next regular meeting.

3) Any action or failure to act by the Harbor Master concerning the location of moorings or
boats, as a result of which location there is immediate danger to lives or property, shall not
be stayed pending appeal.

4) An appeal may be taken by any party from any order, relief or denial by the Coastal Waters
Commission under section I above, within thirty days after the decision is re-ndered, to the
Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.


ESTABLISHiMENT OF BOUNDARIEs AND AREAS
Local harbor ordinances can be adopted by communities to regulate activities on or near te water.
The area covered by the harbor ordinance can extend up to three mies off-shore. The harbor
ordinance should specffy the areas to be covered by the various provisions of the ordinance. Areas
which should be defined are: harbor areas, channels, mooring areas, and'anchorage areas. Mapping of
these areas is also a good idea. A mooring plan would certainly show all use boundaries.

Harbor boundaries should be defined.

Buckspart:
The harbor, shall include that area of water to high tide lying within the following
boundaries: beginning at the northerly end of the Bucksport-Verona bridge, thence along the
bridge to the Bucksport-Verona line, thence generally westerly along the town line to a point
due south of the Champion Paper Comipany, thence due north to the shore, thence along the
shore to the beginning.
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Channels should be defined.

Belfast:
2.2    Channel: for the purpose of this Ordinance, the channel limits shall be designated as
a fairway three hundred feet wide, more or less, at its starting point, 1000 feet west of Steel's
Ledge and extending in a northwesterly direction to a point adjacent to the canning factory
wharf at which point its width has diminished to two hundred feet, more or less. These
ranges shall constitute the southwesterly side of the channel.

Mooring areas should be defined.

St. George:
Designated moorage areas shall be established to protect the moorage privileges of
individuals. Existing moorings in these areas shall be considered grandfathered.
13(a) Port Clyde - mooring area limits (as defined by Loran C): Can #1 - west side coordinates
- 12826.4 ! 25879.9 then northerly to the public landing 12824.0 / 25879.9 Can #1 - east side
coordinates 12824.0 / 25879.9 then northerly to the public landing 12824.0 / 256879.9

Anchorage areas should be defined.

Hampden:
The anchoring of boats will not be allowed within the limits of the entrance channel or the
mooring area. All boats shall be anchored down river from the entrance channel to the boat
launch ramps, keeping a minimum distance of 100 feet from the down river edge of the
entrance channel, and not more than 200 feet from the shoreline. The lower limit of the
anchorage area shall bE 100 feet down river from the Turtle Head.


MOORING TACKLE STANDARDS AND INSPECTIONS
Vessels need to be protected from other vessels dragging or coming lose and hitting them. Harbor
ordinance provisions can help ensure vessel safety by requiring mooring tackle to be adequate.
Commuunities have handled this in two ways; specifying minimum tackle standards in the ordinance,
or delegating general approval authority for mooring tackle to the harbor master. Whichever method
is used, inspections of tackle should be required on a periodic basis. The ordinance should specify
how the inspection is to be conducted and by whom. Some examples:

St. George:
All moorings set after enactment of this Ordinance shall be considered new moorings and be
inspected and approved by the Harbor Master.

Wells:
All moorings shall be inspected at least once each year by the Harbor Master and, at his
direction, the boat, vessel or flotation owner or its agent shall make repairs necessary for the
safety of the craft and others.

All moorings shall conform to the specifications as set forth by the Harbor Master, but in no
event shall a mooring block be less than 800 pounds for boats of 20 to 29 feet in length... and
not less than 1,000 pounds for boats 30 to 40 feet in length.
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Mt. Desert:
The following shall be the minimum specifications for all moorings in all harbors except as
otherwise provided:


Boat Length    Mushroom        Rock Size    Bottom Chain    Top Chain          Nylon Size
0-20 feet	75	500	1/2"	1/2"	1/2"
21-30	200	1,000	5/8"	1/2"	5/8"
30-40	n/a	2,800	3/4"	1/2"	3/4"
40-50	n/a	3,400	7/8"	5/8"	1"



HARBOR USE REGULATIONS
This section(s) will contain the body of the rules which pertain to harbor use, such as:

* Speed limits on vessels;
*  reckless operation;
* channel rules which will keep it free from obstructions;
ï¿½ mooring area rules;
ï¿½ transient vessel anchorage rules;
ï¿½ town dock rules;
ï¿½ abandonment of vessel restrictions;
ï¿½ removal of illegal vessels;
* debris and refuse;
ï¿½ flammable substances;
* drug and alcohol use;
ï¿½ water skiing, surfing, swimming, etc.;
*	tampering and unauthorized boarding; and
*	noise


MOORING ASSIGNMENT PRIORITIES
As the harbor becomes more crowded, the way moorings are allocated will become more and more
important. The State Harbor Masters Law 38 M.R.S.A. ch. 1 sec. 7A is quite specific in requiring a
minimum level of mooring allocation to nonresidents. Beyond that, there are several methods by
which allocation of moorings can be handled. Most Maine communities currently have policies which
favor residents over nonresidents. This type of policy is not recommended for a number of reasons,
including its conflict with Army Corps of Engineers requirement for harbors to be open to all on equal
terms (this is important if dredging is ever to be done).

Other mooring allocation priority systems include those based on user groups (i.e., commercial
fishermen over pleasure boaters) and first-come-first-serve assignment.

Following are some examples:

Belfast (note that sections d. and e. are not consistent with Maine law):
8.3    Priority for enjoying the privilege of maintaining a mooring in Belfast Harbor shall
be in accordance with the following priority guidelines:
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a. Rkipariani owners;
b. Vessel owners who are commercial  fishermen;
c. Vessel owners who have other approved commercial use;
d. Resident pleasure vessel owners;
e. Non-resident pleasure vessel owners.
Rockport:
Within the space available, requests for a particular location or area of the harbor will be
treated in accordance with the following priority guidelines:
1. Resident shorefront owners requests for location immediately adjacent to frontage;
2. Commercial vessel owners;
3. Pleasure vessel owners;
4. Commercial operators with rental moorings;
5. Vessel owners with multiple locations.


WAITING LIST MANAGEMENT
Those harbor masters who have long waiting lists know what a problem these lists can be. The goal
should be to keep the list as short as possible. This can be accomplished several ways, such as:
ï¿½ annual renewal of the list;
* fees to be on the waiting list;
* requirement that vessel owner not already have a mooring in the harbor (or any harbor);
and
* requirement thiat the applicant have a boat.
Annual renewal of the list and a small fee to cover administration of the list would work well together.
The Portland Harbor Rules prohibit current mooring holders from getting on the waiting list. This was
done to prevent the rounds of musical moorings that occurred in the form of chain reactions of
mooring relocations when one mooring spot opened up. The requirements for being on the waiting
list, whatever they may be, should be spelled out in the ordinance.


FEES AND PENALTIES
Fees for moorings and other harbor uses should be high enough to support the harbor management
program. User fees, as opposed to property tax revenues, more directly place the cost of harbor
management on those who benefit from it. Mooring fees in Maine harbors currently vary from $0 to
several hundred dollars.
Budgets for harbor management programs vary even more greatly. Again, some comnmunities have $0
budgets, while others like Mt. Desert (Northeast Harbor) have an annual budget over $200,000. More
typical is Southwest Harbor's budget of $46,000 which supports a full-time harbor master, a part-time
assistant harbor master, and expenses to run a boat and an office.
Penalties for violation of the ordinance should be high enough to discourage violations. Somie of the
older ordinances have fines of $5 to $10. These fines may not be adequate to encourage compliance
with the law even if they are assessed on a daily basis.
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DEFI NITIONS
The following is a compilation of definitions from various ordinances along the coast of Maine. All
important terms should be defined in local harbor ordinances.

Anchor -                           Shall niean any appliance used by a craft for anchoring purposes
and which appliance is carried aboard such craft when under
way.

Shall mean to secure a vessel to the bottomn within a body of water
by clropping an anchor(s) or other ground tackle; which is carried
aboard a vessel when underway as regular equipment.

Basin-                   ~~~~~~Shall mean a naturally or artificially enclosed or nearly enclosed
body of water where small craft may lie (anchor).

Berth -                            The place where a ship lies when at a wharf or pier.
Breakw-ater: -
A permanent, solid structure of rock, stone or granite (or
cormbinations thereof) extending fromn the shoreline into the
waters for the principal purpose of breaking and reducing the
force of waves.
Bulkhead -
A permanent solid structure or wall built along the shore to retain
and protect the upland fromn waves and sea erosion.
Channels -
Areas of the harbor kept open for navigation or other purposes by
rule or regulation of the Town of (-), the Department of Army
or other regulatory or legislative body.
Commercial Year-round Fisherman
- A fisherman whose primary source of income involves engaging
in the trade or occupation of fishing.
Commercial Moorir.g -





Comercial Vessel -
A mooring assigned to a commnercial enterprise involved in sales,
service, storage, construction, repair or operation of vessels for
hire rather than to specific vessels, which may be used by a
suitable sized vessel with the permission of such comnmercial
enterprise to which the mooring is assigned.

Any boat registered as commercial by the State of Maine.

Shall mean any vessel whose primary use is fishing.
Dinghy -
A dinghy shall mean an unpowered punt, skiff, tender or the like.
Any craft under twelve feet in length.
Shall mean a state of immiinent or proximate danger to life or
property in which time is of the essence.
Emergency -
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Shall mean the Harbor Master and Deputy Harbor Master
annually appointed by the Selectmen. The Harbor Master and
Deputy Harbor Master shall (not) be invested with police powers.
Harbor Master -
MarinA -
A shorefront facility providing one or more of the following
services to the public: boat berthing, boat launching, boat storage,
boat repair and servicing, sale of fuel and lubricants for marine
use, sale of marine supplies, sale and/or servicing of marine
equipment and accessories, including boat trailers.
A marina is a dock or basin providing secured moorings for
motorboats and yachts and often offering supply repair and other
facilities; a dock or basin providing dockage, supplies and
services such as storage and repairs to small crafts.

A business establishment having frontage on navigable water
and, as its principal use, providing for hire offshore moorings or
docking facilities for boats; and which may also provide accessory
services such as boat and related sales, boat repair and
construction, indoor and outdoor storage of boats and marine
equipment, boat and tackle shops and marine fuel services
facilities.
Mooring-
A mooring is a permanent, adequate means of securing a boat to
the bottom in a moorage. This may be through a buoy or float.
Shall mean any appliance used by a craft for anchoring purposes
and which appliance is not carried aboard such craft when under
way as regular equipment.

The term "mooring" shall include all means of securing a vessel
to a particular location, other than temporarily by anchor for a
period of less than two weeks, or by attaching her to the shores
(including an outhaul) or to a wharf, float, dock or pier, and shall
include year-round and seasonal moorings.
Nonresident -
For the purpose of this ordinance, a nonresident is a person who
resides in (town) less than 180 days in a calendar year or does not
own real property in (town).
Obstruction -
A mooring, a vessel, floats and any object which impedes
navigation is defined as an obstruction.
Permanent-
Structures (including moorings) which remain in or over the
water for seven months or more in any period of twelve
consecutive months.

The term "qualified mooring inspector" shall mean a person,
including a skin diver, who satisfies the harbor master that he is
qualified to inspect mooring tackle as to condition and size.
Oualified Mooring Tnsnrector -


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Qualification shall be judged by past experience in installing and
inspecting moorings, familiarity with mooring tackle, including
the size and kind of mooring tackle needed for the safe mooring
of given sizes of vessels, and familiarity with the mooring
regulations of the Harbor Commission.
Resident -
For the purposes of this ordinance, a resident shall mean any
person who owns real property within the Town of (-) and/or
resides in Town of (-) more than 180 days in a calendar year.
A person who resides in the Town of (-) for a period of six
months or more.
Shall mean an owner of a parcel of land located in the Town of
(_) which borders upon the harbor as described in this
ordinance.

'Shall' is mandatory; 'May' is permissive.

Structures which remain in or over the water for less than seven
months in any period of twelve consecutive months.

Vessels shall include boats of all sizes propelled by sail,
machinery or hand, plus scows, dredges, shellfish cars and craft
of any kind.
Riparian Owner -



Shall and May
-

TempDora -


Vessel -
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APPENDIX C:
MOORING PLAN HANDBOOK

CHAPTER I - INTRODUCTION...............................................67
THE MOORING PLAN: STABILIZING CHANGE	67
THE LEGAL CLIMATE	67
PLANNING FOR MOORINGS	69
CHAPTER 2 - GATHERING THE BASELINE DATA .................................70
IDENTIFY LOCAL COASTAL CHARACTERISTICS	70
CONSIDER MOORING AREA SPECIFICATIONS	70
CONSIDER IMPROVING EXISTING MOORING AREAS	71
CHAPTER 3 - FORECASTING DEMAND.........................................76
CHAPTER 4 - MOORING LAYOUT ALTERNATIVES................................79
SINGLE POINT	79
SECOND MOORINGS	83
TWO OR MORE ANCHORS	83
MOORING FLOATS	87
MOORING CHAINS (GROUND LINES)	87
FLOATING STAR DOCKS	87
MARINASIBOAT SLIPS	89
DRY BOAT STORAGE	89
CHAPTER 5 - MOORING STANDARDS .........................................90
TACKLE DESIGN	90
CHAIN CHARACTERISTICS	90
ROPE	91
MOORING BLOCK	92
RECOMMENDED STANDARDS	93
CHAPTER 6 - SHORESIDE LINKAGE ...........................................96
PARKING	96
PUBLIC ACCOMMODATIONS	96
NEIGHBORHOOD COMPATIBILITY	96
APPENDIX I ..............................................................97
APPENDIX If..............................................................98
NEL-~~~~~~~~6

THE RIGHT TACK
CHAPTER 1 - INTRODUCTION

THE MOORING PLAN: STABILIZING CHANGE
When people talk about harbors, they inevitably discuss change. The 1980's were a time of
strengthened state laws and local ordinances, increased numbers of people using the water and
stronger efforts to manage coastal areas. Harbor masters have been assigning moorings for years; it
has only been recently that anyone talked about the need for mooring plans.

Unfortunately, change can be threatening. How often have we heard people yearn for "the good old
days?" But what were the good old days? Were they times of orderliness and harmony?

For many years, boat owners simply moored where they wanted, with minimal or no supervision. As
long as everyone had room, harbor administration proceeded with few problems. Indeed, the nature
of the job has been exemplified by the longevity of many harbor masters, who often spent years on the
job for little or no compensation.

Today, harbor masters are on the front lines battling major issues such as water quality, shoreside
development, and commercial/recreational conflicts, which include accommodating increased use of a
fixed amount of space - the harbor. It is their responsibility to keep the harbor functioning (which, as
many people know, is not the same as keeping everyone happy).

How does a mooring plan help a harbor master do his or her difficult job? It is an attempt to re-
establish those fundamental qualities from the good old days - orderliness and harmony.

It has often been observed that harbor planning is merely the "wet side" application of standard land
use planning. Under this analogy, the harbor ordinance is the maritime cousin of the community's
land use code. And the mooring plan? This is the site plan for the water, a blueprint that organizes
space in an efficient, equitable and manageable manner.

The mooring plan is the basic implementation tool governing how water areas will be used by boats
when they are "parked." It establishes the capacity of an area, the density of moorings and the
clustering of various boat sizes. It allocates space more efficiently.

The purpose of this primer is to provide the reader with the tools to:

* consider alternatives to single point moorings as a way of using harbor space more efficiently;
* forecast the number of boats which will use the harbor; and
* determine appropriate linkages between use of the water and the adjacent coastline.


THE LEGAL CLIMATE
Harbor regulation involves the interests of federal and state authorities, as well as municipalities. The
fundamental federal concern is to keep waters open to commerce, but neither the U.S. Coast Guard nor
the U.S. Army Corps of Engineers regulates local government mooring plans. The state's interest in
intertidal and submerged lands arises from outright ownership of certain lands and public trust
obligations for others. But, like the federal government, the state does not directly regulate most
moorings, although the state law (Title 38 MRSA) establishes general mooring policies that local
67

THE RIGHT TACK

communities must follow. (Appendix I, p. 97, contains an excerpt from the Harbor Master Authority
Study by the Bureau of Public Lands, Department of Conservation. The excerpt explains management
responsibilities regarding moorings).

With private, individual moorings free from most state and federal controls, actual mooring
management responsibility rests with local governments and their harbor masters. Since 1954,
municipalities have had the specific legislative authority to regulate certain aspects of harbor
management, including the appointment of a harbor master who is responsible for assigning mooring
privileges. In addition, Maine's constitution, as amended in 1971, grants Maine's municipalities the
authority to adopt regulations on virtually anything occurring within its jurisdiction. This authority is
commonly referred to as "home rule."

At the federal level, the U.S. Army Corps of Engineers wants moorings equitably available to all. The
Corps' reasoning is that navigability for all U.S. residents is in the public interest. Currently, Maine
law requires that priority be given to non-residents if the current number of non-resident moorings is
not more than 20 percent (10% for recreational non-resident and 10% for commercial non-resident).
However, this should be considered a minimum requirement for non-resident moorings. Both. the
Maine Civil Rights Act and the Equal Protection Clause of the U.S. Constitution question the legality of
allocating moorings based on residency. The Corps requires nonexclusionary mooring allocation
policies if federal money will be used for local dredging or breakwater projects.

For the latest overview of harbor regulation, an excellent resource manual for harbor masters is Larbor
Management: A Legal Guide for Harbor Masters and Coastal Officials (University of Maine
Cooperative Extension Service). Existing state laws are contained in Title 38 MRSA.







.;ï¿½~~~~~~- '"?
-.	. ,..





















_ 0 0 ~ a X, . s , -	-X'
_'''t. ,s  ,'i'''           '''5',,








:
















- ï¿½ ï¿½ ;ï¿½





:t :





























r
68












_ï¿½ï¿½.

-.    .               i

THE RIGHT TACK
PLANNING FOR MOORINGS
Ideally, a mooring plan is developed in conjunction with an overall harbor planning process. Proper
planning for moorings requires involvement by major user groups, the local neighborhood and key
municipal officials, as well as thoughtful consideration of location considerations, boating demand
forecasts and mooring techniques. Figure I outlines the planning process as described in this primer.
Figure I: PLANNING CHECKLIST FOR MOORINGS

FORM PLANNING GROUP
-  Harbor Master
* Town Planner
* Selectman/Councilor
* Commercial boat representation
* Recreational boat representation
* Neighborhood representation

GATHER BASELINE DATA
* Identify local coastal characteristics
* Identify ideal mooring specifications
* Existing mooring areas
* Mapping

FORECAST DEMAND
* Review past studies
*	Surveys
*	Estimate'ownership/population ratios
* Interview knowledgeable harbor users

MOORING LAYOUT ALTERNATIVES
* Single Point
* Second Moorings
* Two or More Anchors
* Mooring Floats
*  Mooring Chains
* Marinas

MOORING STANDARDS
* Tackle
* Chain
* Rope
* Block
*  Anchors

SHORESIDE LINKAGE
* Parking
* Public Recommendations
* Neighborhood Compatibility
69

THE RIGHT TACK
CHAPTER 2 - GATHERING THE BASELINE DATA

IDENTIFY LOCAL COASTAL CHARACTERISTICS
The Maine coast from Cape Elizabeth eastward to Eastport abounds with r'ocky coves, inlets and rivers
which are used to moor small vessels. From Cape Elizabeth westward to-New Hampshire, the coast is
less rocky, with mooring areas more prevalent in the mouths of sandy rivers. Both sections of the coast
have their advantages and disadvantages as far as moorings are concerned.

If a mooring 'lets go" in one of the rivers of southwestern Maine, the chances are good that the boat
will end up on a sandy beach or bar and not be badly damaged. However, in this area, there are often
problems with currents and sand bars which move and shoal haphazardly. It is not unusual for
former mooring areas to be dry at high tide today. Further east, the rocks and ledges provide better
protection with more stable bottoms, but the rocks are much less forgiving than the sand if a vessel
breaks loose.

The bottom in the area of eastern Maine's ledges can be variable. Somne places have soft mud deposits.
Others may have sand and gravel bottoms, or bottoms characterized as just plain rock. When the
bottom is soft mnud, moorings can be secured with either a heavy mooring block (which uses its own
weight to remain in place) or a specialized mooring anchor such as a mushroom (see Figure X). Where
the bottom is sand and gravel, a heavy block is appropriate. The block is also good for ledge bottom.
In a few instances, a heavy chain is stretched across a cove or inlet from shore to shore. This chain is
fastened securely to rock with eye bolts. Usually, several moorings are attached to the bottom chain at
appropriately spaced iritervals. Although not common in Maine, it is also possible to drive a pile or
cluster of piles in either sand or mud to serve as a mooring anchor. However, a heavy block of stone or
concrete is certainly the most common method of anchoring a mooring to the bottom along the coast of
Maine.


CONSIDER MOORING AREA SPECIFICATIONS
If specifications were to be written for the ideal mnooring area in the manner that architects and
engineers design buildings or bridges, the following material would be included:

1. Mooring areas should be accessible from both land and sea.- Since people need a small boat
(i.e., tender or dinghy) to get out to a larger moored craft, there must be a dock or other suitable
facility to store, launch and/or retrieve a small boat. In some areas, there is only a beach. In a
few locations, there may be a boathouse. In most cases, a floating dock serves the purpose. Of
course, a mooring area must also be accessible to open water. However, in some areas used for
moorings, the existing channel to open water is not always in an all-tide waterway. Deeper
draft vessels cannot enter or leave the mooring area during the lower stages of the tide. The
location of moorings in these areas is not recommended, but it does occur.

2. Mooring areas must have appropriate water depths. At low tide, the water should be deep
enough so that boats do not run aground. Yet the water depth should not be so deep that
excessive amounts of mooring chain are needed. In general, the more exposed the mooring
location, the deeper the water must be to prevent problems with breaking waves.
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Boats lying at single mooring anchors or blocks swing about the single mooring point in a
circle, with a radius equal to the horizontal projection of the mooring chain and pennant plus
the overall length of the boat (see Figure II - Figure II uses a mooring chain length of twice the
high water depth and a pennant length of 21 times the height of the bow of the boat above the
water surface. These are commonly used minimums, but are not necessarily appropriate for
every location.)

It is obvious that the deeper the water, the larger the circle described by the particular boat.
Consequently, a mooring area of relatively uniform depth can be more easily laid out to
prevent interference between adjoining boats than one with widely varying depths.

3. Mooring areas should be protected from adverse winds and waves. In general, waves which
cause problems in mooring areas are generated by the wind. Wind generated waves increase in
size as the open areas across the water (i.e., fetch) increase. The greater the fetch, the bigger the
waves and the larger the mooring problem. During the summer, Maine's fair weather breezes
come out of the southwest and normally are not strong enough to develop large waves. The
most severe storms are the infrequent tropical storms or hurricanes that travel up the coast
during the fall months. More often, the state will experience a "northeaster" which, in the
winter, can include a blizzard along with high winds. Also during the winter, fair weather may
occur as far as sunny skies are concerned, but there may be very strong winds from the
northwesterly quadrant of the compass for days at a time.

For areas which are used only for summer moorings, it has become common practice to attempt
to locate moorings that are protected, as a minimum, from the north and east. For areas which
are to be used year-round, there must also be limited exposure to the northwesterly quadrant as
well. Mooring areas with protection from winds out of the north (90 degrees east to 90 degrees
west) may provide little protection during some hurricanes, but for the most part, do provide
hurricane protection for storms that pass east of the Maine coast.

As boating activity increases each year, more and more inhospitable areas are used for
moorings. Pleasure boats are often placed on exposed moorings. During the warm summer
months, they do not have many problems. However, commercial boats used year around must
be moored in protected areas.


CONSIDER IMPROVING EXISTING MOORING AREAS
Communities have tried to improve mooring areas in many ways, such as by building breakwaters or
dredging. There are examples of successful use of each technique in Maine, but neither is always
successful because of the potential for siltation and the formation of sand bars. Examples are York
Harbor in York and Scarborough Harbor, off Pine Point in Scarborough. Each of these areas are
plagued with siltation and growth of sand bars. To the east in Eastport, the steel sheet pile breakwater
has been successful. Ocean-going vessels can be serviced on its outer face while smaller craft tie to its
inner face, protected from all types of weather.

Breakwaters and dredging are also expensive and must comply with strict environmental regulations.
In general, they should be undertaken only if there are no other alternatives for mooring area
improvement.
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FIGURE 11: SINGLE POINT MOORING


BOAT DESCRIBES A CIRCLE WITH
A 3600 CHANGE IN THE WIND
vMHW
LENGTH OF PENNANT 2.5X4'= 10'
LENGTH OF CHAIN
20'
]	I  I
11	Ir2       LOA= 50'
I R= RADIUS OF CIRCLE DESCRIBED BY BOAT
CHAIN (58') + LENGTH OF PENNANT(IO')
= 68'
E r, = N58z- 20 = 54.4'
LENGTH OF
AT LOW TIDI
=   102- 42 =9,2
AND r2
R = r+r24- LOA = 54.4+ 9.2 + 50= 93.6
72

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MA1FINLG

I.    Scale
With growth in harbor use, it is becoming necessary to prepare maps of mooring areas with
specific mooring locations identified. As a minimum, these maps should be at a scale of one inch
equal to 200 feet. In some crowded areas, they may be as large as one inch equal to 50 feet. In
most cases, however, a scale of one inch equal to 100 feet is suitable.

II.   Sources of Mapping Information

A.   LLS.Arry Corns of Fngineers Condition surveys
In many areas, the U.S. Army Corps of Engineers has prepared condition surveys of local
waters. If a mooring area is to be mapped, an Army engineer condition survey is an
excellent place to begin. These maps are usually done using mean low water as a datum
and will be most helpful in determining water depths and approximate lengths for
mooring chains. Then, when mooring scope requirements are set, it is possible to
determine mooring areas required for various sizes and types of vessels.

Condition surveys are available from the Corps' office in Waltham, MA.

B.   D-epthlEinders
When Army engineer condition surveys are not available, a small boat with an electronic
depth measuring instrument can be used to determine approximate water depths.
However, the accurate plotting of the location of numerous soundings, as would be
required for mooring areas, would be difficult with this technique.

III.  Locating Existing Moorings

A.   AeriaLPhotography
If large numbers of vessels are presently moored in an area to be mapped, aerial photos in
conjunction with an Army condition survey can be an excellent means of locating all
existing moorings. In general, such photography should be undertaken at high tide with
little or no wind.

B.   ElectronicSurvey Instruments
Where fewer boats are to be located, electronic survey instruments can be used effectively
by placing the instrument at a known location and determining an angle and distance to
mooring locations.

Electronic survey instruments with electronic distance measuring capability (EDMs or
Total Station) send an electronic signal out to a reflector which must be held at the point to
be located (in this case, the mooring). By precisely measuring the time for the signal to
travel to the reflector and return, the instrument is able to measure very precisely.
Distances up to two thousand feet can be measured with an accuracy of plus or minus a
fraction of an inch. In practice, the instrument is set up on the municipal pier or some
other point that has a dear view of the harbor. Then the reflector is carried from mooring
to mooring in a small boat. Once the reflector is at a point that is to be located, the
operators of the system communicate by radio and a reading is taken to locate it. Readings
can be stated as angle and distance. With a total station, it is possible to compute
coordinates which can be tied into a grid of the harbor.

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C.   LoraiiC
Another mnethod of locating mnoorings is Loran C, but it must be used with caution. Islands
and other land mnasses produce erroneous readings. The interference frorm land mnasses is
the reason why the federal government does not publish a Loran C net for any of the
inshore coastal waters. It is possible in sonie areas, however, to project the appropriate
grid into an anchorage and get excellent results. With care, Loran C can be used to locate
mnoorings, but there are no guarantees on the accuracy and all readings mnust be rechecked.
The Carvers Harbor niaster on Vinalhaven uses this technique.


DEVELOPING. THE MOORING GRID

A map of a harbor with all of the existing moorings plotted on it is a very useful tool for the harbor
master because it clearly shows where boats are located and where any'obvious spaces for new
moorings exist. However, to maximize the mooring capacity of a harbor, it is necessary to locate
moorilngs in an organized mnanner which accommodates the spatial needs of each vessel (but does not
permidt inequitable distribution of the available area).

Because boats come in all shapes and sizes, it is impossible to establish a simple set of criteria which
will satisfy the mooring needs of all boats. However, it is possible to group boats by size and category
and establish a pattern for harbor usage which organizes the available space as efficiently as possible.
Such grouping of boats mnight segregate boats into the followi-ng categories:

1. Boats under 20 feet in length;
2. Power boats 20-30 feet long;
3. Sailboats 20-,30 feet long;
4. Power boats 30-40 feet long;
5. Sailboats 30-40 feet long;
6. Power boats over 40 feet long; and
7. Sailboats over 40 feet long.

Depending upon the depth and mooring criteria, it is possible to establish a grid for the layout of
moorings for the various boat categories. For example, the moorings for the 30 foot boats in Figure III
with non-overlapping circles of influence can be located on a grid with moorings placed 2 times the
93.6 foot radius or about 187 feet apart each way. If the same boats are to be moored with overlappinmg
circles of influence, the grid m-ight be as small as 93.6 feet on center each way, but to allow for
maneuverintgs, that grid midght be enlarged to 100 or I110 feet on center.

By setting categories, it is possible to determine a mooring grid plan for relatively efficient harbor
usage depending upon boat size, water depth, etc. Based upon the above conditions moorings for
boats 20 to 30 feet in length would be set in a grid 100 feet apart and larger boats couild be set in a
somewhat larger grid. However, if there are extreme changes in harbor depth from one area to
another, the grid pattern must be enlarged accordingly to allow for the longer length of mooring
chains. Mooring grids are useful tools, but they are not the ultimnate answer to mooring problems.
174

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FIGURE III
FOUR 30' BOATS MOORED WITH NON
OVERLAPPING CIRCLES OF INFLUENCE 93.6RADIUS
4 BOATS PER 3.2 ACRES
LOW T IDE      20'
TIDAL RANGE- 9'
HEIGHT OF BOAT
AT BOW         4'
GRAPHIC SCALE I"= 60'
I
I .
60'
lo'
60
0
 .  75

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CHAPTER 3 - FORECASTING DEMAND
Forecasting boating demand is important for determining how may vessels may use the harbor in the
future. By forecasting, towns can determine how much new mooring space may be needed, or, if the
harbor is experiencing full use, if they need to develop alternative strategies for boating access.

Assessing future boating demand is an inexact science. Unless you have the luxury of both time and
money to survey boat use over several seasons or to determine your harbor's market share of local
boating demarid, it is difficult to pinpoint exact growth rates. There are many variables, including:

*  Boats using mooring areas generally are not less than 16-feet long, so demand calculations must
focus on properly sized boats (marinas generally service boats at least 20-feet long).

*  The amount of demand varies according to the number of boating facilities in the community
and in neighboring communities.

ï¿½ In river areas, you must forecast demand from two or more bordering communities to fully
understand local boating use on the shared water resource.

*  Boating demand is related to such general factors as weather conditions and the strength of the
economy, each of which can upset growth trends.

ï¿½ Boating demand is also affected by local demographic and socioeconomic characteristics. In
general, the higher the local income level, the more apt people are to purchase a pleasure boat.

Variables aside, there are several mnethodologies for capturing the essence of the demand picture for
the purposes of general harbor planning. It is best to make a judgment by combining several of the
forecasting methods. They include estimates from state or regional studies, conducting surveys of
national population/boating ratio formulas, and collecting anecdotal reports from people familiar with
the harbor. Below is a summary of demand measuring techniques and explanations of their
advantages and disadvantages.

1. Refer to past studies of demand in the state or region.

Advantage: An existing body of data is always better than, having no data at all.

Disadvantage: The data may be outdated; or the harbors from which the data was generated
.may not be the same type of harbor as yours; or the figures are the compilation of local
averages, in which case your harbor may be higher or lower.

Examples of regional or state studies:

* 1991. Boat Users, Survey. Bureau of Parks and Recreation, Maine Department of
Conservation. September 1991.
* Southern Maine Regional Berthing Study: An Analysis of Boating Facilit Supply and
D-emand Along ffie York Count Coast. Southern Maine Regional P-lanning Comimission.
June, 1991.
76

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2. Survey private and public marinas and mooring areas to determine historic and projected
growth.

Advantage: Provides accurate assessment of the experience of existing facilities over time (or of
the planned growth of proposed facilities).

Disadvantage: Does not take into account transient use of public landings.

Example of survey: Table I shows a 1988 survey of facilities in Saco.


TABLE I: PAST, PRESENT AND PROJECTED USE OF BOATING FACILITIES
RIVERWIDE

SACO FACILITY	1983	1988	1990	1993
Saco Yacht Club	102	89	99	129
Riverside Anchorage	122	122	122	122
Norwoods	22	22	38	38
Camp Ellis Pier 1	40	85	85	85
Saco Island Marina 2 _	-	157	157
TOTALS                    286	318	501	531

NUMBER AND PERCENTAGE CHANGES:
83-88: + 32 boats, +11.2% total, +2.2% annual
88-90: + 183 boats, +57.5% total, +28.7% annual
88-93: + 213 boats, +67% total, +13.4% annual
(Source: City of Saco, Saco Riv_er Public Access Study, 1988)

3. Develop formulas such as boat registration per population and compare with national
figures.

Advantage: If no other data exists, it is possible to estimate a general trend picture.

Disadvantage: Refers to local boat ownership, without determining exact use of local coastal
facilities.

Example: The National Marine Manufacturers Association (NMMA) estimates that the current
ratio of population and boat registration is approximately 24 people per boat, which will
remain steady through the year 2000. NMMA figures estimate the ratio for boats 16 feet and
over at 62 people/boat. Maine's figures (total boats) are 10 people per boat and 28 people/boat
(16 feet and over). Assuming that each national and state ratio also remain steady, projected
ownership of local boats most likely to demand moorings can be calculated. Table II is an
example of such a calculation.


At maximum use under current condition
2 Proposed facility

77

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Table 1I: BOATING GROWTH IN ANYTOWN, MAINE

Popul-	#Of Boats 16'	Ratio Of
Year	ation	And Over	People/Boat      Annual %
1985	10,000	400	25
2000	15,000	600	25             4.5%
(Source: National Marine Manufacturers Association. A Long-Term View of Boating Recreation Deman~d,
1985; and Boating Registration Statistics, 1985)


4. Rely on the actual experience of the local harbor master and Bureau of Marine Patrol.

Advantage: Helps overcome gaps left by the other methods and takes into account the many
variables involved in demand: current availability of ramp, marina and mnooring facilities;
availability of parking; availability of shoreside services; ease of access from both seaward and
landward; the volume and nature of traffic in the channel; and the existence of superior
facilities in nearby conimunities.

Disadvantage: Information is anecdotal and may be subjective.

Determining comumercial fishing vessel demand is a simnpler process because the industry is no lo'nger
in a high-growth era. En general, all of Maine's traditional fisheries experienced rapid expansion
during the late 1970s, in response to the establishment of the 200 nmile limidt. Many vessels were added
to fleets at that time. Current projections by the Maine State Planni-ng Office estimate that overall
employment in the industry will decline from a figure of 7,000 in 1985 to 6,000 in 1995, a drop of 14
percent.

WVhile large ports, such as Portland, may require a more sophisticated analysis, the state information
can be applied to local harbors. Here is how the Town of Scarborough correlated fisheries
employment and vessel number:

The overall state data suggests the number of Scarborough lobster fishermen will
maintain its current cycle. If there are 60 people working on lobster boats today (two
people per 20 full-time boats and one Person per 20 part-time boats), a 14 percent
decline by 1995 would leave 52 lobster fishermen, roughly the same amount who fished
out of, Scarborough Harbor in the late 1970s.

However, over the next several years the average size of a lobster boat fishing out of
Scarborough is expected to increase. Currently ranging from 24 to 36 feet, more vessels
are expected to be 30 feet and over, reflecting a trend of mnore traps, longer trips and
fishing in deeper water to remain competitive in the industry.
,(Town of Scarborough: 'Comprehensive Harbor Plan for the Town of Scarborough," 1987)

Information on recreational and commercial boating registratio-n is available at local town offices or at
the State Department of Inland Fisheries and Wildlife. In addition, many recreational boaters,
document their vessels with the U.S. Coast Guard for insurance and finance reasons. Harbor masters
should require information on documentation on mooring application forms because they become the
only local method of tracking documented vessels.
-~~~~~~~~~ 78

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CHAPTER 4 - MOORING LAYOUT ALTERNATIVES

SINGLE POINT MOORINGS
Single point moorings, where boats swing about an anchor or mooring block, are the most common
type of mooring in Maine. Space has not been much of a problem in the past; typically a lobster boat
has been allowed to swing in a circle ("circle of influence") that varies from about 200 feet across to 240
feet in diameter, depending upon the length of the boat and the depth of the water. This type of
mooring has the advantage that unless there is a very strong current, the bow of the boat faces into the
wind and presents the least exposure to storm winds and waves.

In the past, single point moorings have been laid out in a harbor so that the circle of influence
described by one boat does not infringe upon the circle of influence of another boat (see Figure III).

As mooring areas become more crowded, the circles of influence overlap each other as boats are
moored closer to each other. In many instances, this crowding together with overlapping circles is
acceptable as long as all of the boats at the moorings behave in the same manner (see Figure IV).

Problems occur, however, when different types of boats are moored near each other; e.g., when a 30-
foot lobster boat is moored next to a 30-foot, deep-keeled sailboat, which in turn is moored next to a 45-
foot sport fishing boat (which may be moored next to an 18-foot outboard, etc.). Different types of
boats do not react to wind and current in the same manner. Consequently, mooring locations must be
assigned by the type of boat, as well as its size. A yacht club with a fleet of similarly designed sailboats
can moor boats much more efficiently than a mixed use public mooring area that includes everything
from outboards and small centerboard cat boats to commercial trawlers and deep draft sailing yachts
(see Figures V and VI for sample mooring radii and overlapping moorings for three types of boats
grouped to provide maximum usage).
79

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FIGURE IV
FOUR 50' BOATS MOORED WI TH OVER-
LAPPING CIRCLES OF INFLUENCE AT 93.6' RADI US
4 BOATS PER 1.94 ACRES
LOW TIDE-	20'
TIDAL RANG E	9'
HEIGHT OF BOAT
AT BOW        4'
I" =60'
GRAPHIC SCALE
I- ' _--  C  -   _   _ eIIIICd
I.
O
6b
'
IdO'
80

THE RIGHT TACK
FIGURE V


SHALLOW HARBOR WITH MINIMUM RADII
TYPICAL POWER BOAT             65' RADIUS
MHW


-  924 aH


;'   I  :v


O TYPICAL OUTBOARD MOTORBOAT        44'RADIUS





,"w R


!	MLW
TYI	ALM I        v6 'IU
O  TYPICAL SMALL SAILBOAT       136' RADIUS
81


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FIGURE VI
)RING PLAN
--SMALL SHALLOW.
-70 SMALL MOORINGS-20'OC
0-54 MED. MOORINGS-30-' OC
A--26 LARGE MOORINGS-50' OC
i ,3
_u~hA      .0 _
I00'
b
oo'0
0
82


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SECOND MOORINGS
In narrow constrained areas, it is possible to set a second mooring so that the boat is held fore and aft.
The boat no longer swings in a circle and takes much less mooring space. However, since storm winds
do not always come from the same direction, this type of mooring is not practical if there is any
possibility that large waves can build and strike the side of the moored vessel. Frequently, such
moorings are set in narrow rivers with considerable wind protection provided by the river banks. For
the most part, this is not a practical mooring for the Maine coast and cannot be recommended except in
very specialized locations.


TWO OR MORE ANCHORS
In an effort to reduce mooring space requirements, some communities in southern New England are
now requiring moorings with two or more anchors or mooring blocks. In its simplest form, there are
two mooring blocks with a heavy chain from each block which meet at a swivel that can be reached at
low tide; a lighter chain is connected to the swivel and leads to the mooring buoy (in some instances,
heavy nylon rope is used in place of the upper chain - see Figure VII). The resulting area of influence
is an ellipse of less area than the circle of influence described by a single point mooring (see Figure
VIII).

The size of the ellipse will vary depending upon the length of boat, depth of water, tide, distance
between blocks, and scope. The spacing may be set at twice the water depth, or greater. In the
following example, using the same boat, same depth of water, same tidal range and same pennant as in
the single point calculations above, the mooring area can be reduced to 40 percent of that required for
the single point mooring. Here, the blocks are placed apart almost 21 times the water depth and the
heavy chains are twice the water depth. The light chain is twice the tidal range (this provides the same
scope as the single point mooring when the boat is held by one mooring block and in a position
parallel to the line described by the two blocks on the bottom). Under these conditions, the boat
theoretically occupies an area which is in the form of an ellipse about 120 feet along its primary axis
and 110 feet along its secondary axis. In actual practice, single point mooring circles of influence and
ellipses described by boats on two-point moorings are slightly smaller than the calculations indicate.
This is because the chains sag and form a catenary curve instead of straight lines. However, this is an
appropriate safety allowance and should not be deducted from the area allowed for each boat.

A slightly more complex mooring can be constructed with three blocks or anchors set 120 degrees
apart. With additional chain and block(s), the moorings are, of course, more expensive, but in selected
areas, may be very appropriate.

Because there are so many variables, it is not practical to come up with an all-inclusive formula for all
conditions. However, if the following conditions are set, then the major and minor axis of the mooring
area for a two-block system can be calculated using the following formula:
I-                            -1          83

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Definitions:
H = Depth of water at high tide
T = Tidal range
h = Height of bow above water
LOA = Length over all of boat

CONDITIONS
1. Heavy mooring chains twice the high water depth (2H).
2. Mooring blocks set so that angle between heavy chains at the swivel is 90 degrees.
3. Light mooring chain (3.46) (Tidal range).
4. Pennant 2.3 times height of boat at the bow.

Major axis = 2.8H + 6.9T + 4.6h + 2(LOA)
Minor axis = 1.2H + 6.9T + 4.6h + 2(LOA)
(see Figure VIII for the ellipse.)

In this day and age of personal computers, a variety of a variables can be evaluated for a particular
mooring area. Once a set of standards has been agreed upon, mooring circles or a mooring grid can be
plotted on a chart of the mooring area. For single point moorings, the grid would be in squares. For
two point moorings, the grid would be rectangular.

At present, just being able to plot circles of influence for existing moorings may be enough to enable a
harbor master to find room for additional boats. However, it probably will be necessary to either set
lines for the layout of moorings or to set up a grid system of moorings if a harbor is to be fully utilized.
Permanent marking of mooring lines or grids on shore is recommended, but it is understood that
private ownership of tidal lands may prevent establishing such markers.








. r

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.ï¿½







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:1                                                        , .                                                              I        .                               -                           ,             -                  I                                   .1 I I
I i  I  I     I       I                                                                              ~                                                                            1.  .
.8
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84-

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FIGURE VII


SINGLE MOORING WITH DUAL
MOORING
BLOCK
S
PENNANT 2 /2
r-\----

))
-
UPPER CHAIN TWICE
- THE TIDAL RANGE
LENGTH OF
LOWER CHAINS
TWICE THE WATER DEPTH
.-    : -85

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FIGURE VIII
ELLIPSE*DESCRIBED by STERN of BOAT
MOORING at LOW TIDE
on 2 POINT
E
E'- E= MAJOR AXIS= 2.8 H-6.9T+ 4.6h+ 2 LOA
F-F'= MINOR AXIS= 1.2 H+6.9T- 4.6h+2 LOA
WHEN-
H= DEPTH OF WATER AT HIGH TIDE
T= TIDAL RANGE
h = HEIGHT OFBOW ABOVE WATER
LOA= LENGTH OVERALL OF BOAT
AB= A' B =2H;LENGTH OF LOWER CHAINS
BC= 3.46 T=HORIZONTAL PROJECTION OF UPPER CHAIN LENTH
CD= 2.3h =HORIZONTAL PROJECTION OF PENNANT
2 ABA =90ï¿½
XNOTE- ELLIPSE WILL VARY IN SIZE AND SHAPE AS MOORING SCOPE
TIDAL RANGE,DEPTH OF WATER, AND DISTANCE BETWEEN
BLOCKS VARIES.
86

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MOORING; FLOATS
In very protected areas of Maine, communities use mooring floats (see Figure IX). Camden Harbor
and the Royal River in Yarmnouth are two examples. These floats are actually narrow floating docks
which are long enough so that a boat can tie up to each side of the float. Each boat, as well as the float,
ride on the mooring. The m'ooring must be heavy enough for both boats plus the float and can use one
or more anchors or bloc-ks (in Camden, the area is protected enough so that the floats are moored at
both ends and do not swing). The two boat owners who use the mooring float are sometimes the
owners of the float. At other locations, the comimunity may own the float and lease it to the users.
Mooring floats can also serve as useful storage areas for lobster bait or gear away from the general
shoreside public.- The floats also ease boarding to and debarkation from the vessel.


MOORING CHAINS (GROU)ND LINES)
When harbor bottom conditions are sudi that conventional mnoorings are not practical (e.g., steeply
sloping rock bottom where mooring blocks are not stable and anchors cannot dig into the bottom),
heavy chains have been stretched from shore to shore and lighter mooring chains have been attached
at intervals along the heavy chain. Because there is no possibility of dragging this type of mooring, it
is theoretically possible to set closer tolerances and place moorings closer to each other. This type of
mooring system is not widespread in Maine. However, it has been reported that, in Europe, the
system is used to increase mooring efficiency for boats up to 30 feet in length. The time may come
when a submerged chain mooring system will be an appropriate alternative to increase the mooring
capacity of a harbor. However, along with this system comes the responsibility of maintenance and
replacement of the submerged chain as well as any liability if it should fail. Matinicus Harbor uses this
system, which is described in part in a leading coastal cruising guide:

"You will notice that the lobster boats lie in orderly lines. Instead of each boat's having a
mooring of its, own, each is moored to a heavy nylon line runni'ng across the harbor
from shore to shore. The ends are chain to resist chafe on the rocks. Each boat is
attached to this line with a, heavy nylon painter. Nylon has lots of stretch, every bit of
which is needed in a heavy northeasterly. One fisherman obser'ved, 'Don't they ride
easy!' Usefut and efficient as they are, an anchor fouled in one of these lines is as good
as lost without a trip line.'
(From Duncan, Roger F. and Ware, John P., A Cruising Czuide- to thae New England Coast; New
'York: Dodd, Mead & Co., 1987.)


FLOATING STAR DOCKS
Floating star docks with slips radiating from a single point have been used in some areas of the United
States, surch as the Great Lakes. The docks are relatively expensive and usually are anchored to the
bottom with pilings. However, no matter which way a storm wind blows, more than one quarter of
the boats will be nearly broadside to the storm and almost one half of the boats will have their aft
quarter exposed to the storm. Exposure to such storm conditions cannot be reconumended for use on
the Maine Coast.
87,

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FIGURE IX


TYPICAL MOORING FLOAT AND BOATS
"HAIN TO MOORING BLOCK
"HAIN TO MOORING BLOCK
(WHEN FLOAT IS MOORED
AT BOTH ENDS)
88

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MARINAS/BOAT SLIPS
Marinas are, of course, the most expensive but the most efficient method for mooring large numbers of
boats. A modem, well-designed marina can hold a hundred boats in the area required to moor three
lobster boats on single point moorings. However, marinas must be in protected waters and, in Maine,
the boats should lie in a generally northeast/southeast orientation. In at least one instance in Maine,
two sailboats in adjoining slips with a northwest/southeast orientation have rolled sufficiently to lock
their rigging together in a northeast storm. For many reasons, some people are not in favor of marina
construction along the Maine coast. However, it cannot be disputed that they are in the most efficient
method of storing large numbers of floating boats.


DRY BOAT STORAGE
As mooring space becomes more limited, fewer small boats will be left in the water but will be stored
in the dry. This is most apparent today with the large number of boats stored on trailers. Not only are
the numbers of boats on trailers increasing, but the average size of boats on trailers is increasing. Not
too many years ago there were very few boats longer than 16 or 18 feet stored on trailers and now there
are plenty of boats 22 feet, 24 feet and longer that are trailered. However, the towing vehicle capacity
is a serious limiting factor on trailered boat size. This is emphasized by the large numbers of four
cylinder automobile engines of today as compared with the more prevalent six and eight cylinder
engines of just a few years ago. Because of the limitations of towing vehicles, it is not expected that
major changes will take place in regard to the types of boats stored on trailers. But mooring space
limitations will certainly ensure that larger numbers of smaller boats will be kept on trailers. This will
place greater demands on launch facilities and will require more launch ramps and parking for
vehicles with trailers.

Even though trailered boats are limited in size by automobile capacity, there is no such limitation on
specialized boat handling equipment. Accordingly, it is expected that there will be more and more
specialized fork lifts and travel lifts which will launch boats that are stored in the dry and then return
these same boats to storage after short-term usage. The three and four boat high storage racks at South
Portland and some inland lakes are an indication of what small boat "mooring areas" may be in the
futu2re. Who can tell. The day may come when all power boats under thirty feet in length are stored in
the dry and sailboats may join them if an efficient method can be found to raise and lower masts.
 -    889                -

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CHAPTER 5 - MOORING STANDARDS

Loads placed upon moorings vary considerably depending upon the type of vessel at the mooring. For
example, under a gale wind (30-40 MPH), a 25-foot open boat with no cabin will exert a pull of about
540 pounds on its mooring. Under the same conditions, a 25-foot cabin boat will exert a force of about
700 pounds. Boats which lay calmly with their bow into the wind exert less force on their moorings
than those which constantly sail around their mooring. Consequently, it is as impossible to say that all
boats of equal length require the same size mooring as it is to say that all men of the same height
should wear the same shoe size.

A boat owner should have some confidence that, during storm conditions, other boats will not break
loose from their moorings and damage his vessel. For this reason, it is advisable for a community to
set some minimum standards. However, because mooring loads are so variable, such standards
cannot be applied to all boats, nor can the community be held liable for damage inflicted if a minimum
standard mooring fails. A parallel to this is state inspection of automobiles. The vehicle may pass
inspection, but the state is not held liable if at a time following inspection, the car or truck is involved
in an accident.


TACKLE DESIGN
The American Boat and Yacht Council recommends the following design loads as standards for
mooring design:

Table III: GROUND TACKLE DESIGN LOAD

Length Of Boat	Beam       42-Knot Wind	60-Knot Wind
20'	7'	720 lbs	1,440 lbs
25'	8'	980 lbs	1,960 lbs
30'	9'	1,400 lbs	2,800 lbs
35'	10'	1,800 lbs	3,600 lbs
40'	11'	2,400 lbs	4,800 lbs
(Use length or beam, whichever produces the largest load value.)


CHAIN CHARACTERISTICS
It is recommended that all chain used for moorings be strong enough to resist the loads caused by a 60-
knot wind. Chain comes in a variety of strengths, depending upon the type of link and alloy of steel
used, but ordinary chain can be expected to have the following characteristics:
90

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Table IV: CHAIN CHARACTERISTICS

Size      LbsIFoot         Working Limit *
1/4"	11.75	1,325 lbs
5/16"	1.14	1,980 lbs
3/8"	111.64	2,750 lbs
1/2"	112.92	4,750 lbs
5/8"	114.43	7,250 lbs
* NOTE: Working limits are considerably below breaking strength of chain to allow for corrosion as well as safety
factor. Several authorities reconummend using 20% of the breaking strengths as the working limit.

ROPE
Twisted 3-strand nylon rope is recommended for any rope used on a mooring. It is not only rot
resistant and does not deteriorate appreciably in salt water, but it has considerable capacity to stretch
and act as a shock absorber under shock loads. Under day-to-day loading, nylon rope should not be
stressed more than 11 percent of its breaking strength according to the cordage manufacturer's
recommendations. However, to obtain the advantage of the stretch for shock loading, it should be
stressed to 25 percent of its breaking strength (when stressed less than 25 percent, the rope does not
stretch, failing to provide any shock loading advantage). Under ultimate loading, it should not be
stressed to more than 50 percent of its breaking strength, simply because of the loss in strength at knots
and splices.

Taking into consideration the characteristics of nylon rope, it is recommended that moorings be
designed so that the loads produced by a 60-knot wind should not exceed 25 percent of the breaking
strength of the rope. A table for the characteristics and strengths of 3 strand nylon rope is shown
below:

Table V: CHARACTERISTICS AND STRENGTH

Twisted 3 Strand Nylon Rope

Average	Breaking Test
Dia. of Rope	Weight    Breaking test	11%	25%
inches	Mms= *	lbs/10 ft	(11 bs)	(lbs)
3/8	9	3.5	3,700	410	925
7/16	10	5.0	5,000	550	1,250
1/2	12	6.5	6,400	700	1,600
9/16	14	8.3	8,000	880	2,000
5/8	16	10.5	10,400	1,140	2,600
3/4	18	14.5	14,200	1,560	3,550
7/8	22	20.0	10,000	2,200	5,000
1	25	26.0	25,000	2,750	6,250
* Closest metric rope size
91

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MOORING BLOCK
The size and weight of the mooring block or anchor used to secure the mooring chain to the bottom is
also a variable factor. By providing scope, the weight is not a direct lift but has a horizontal factor as
well when the block drags across the bottom and digs into the harbor floor. The softer the bottom, the
more the block digs in and the stronger the mooring. All anchors, of course, take advantage of this
digging characteristic.

Scope is the ratio of the length of the mooring chain and/or rope to the vertical distance from the
anchor or mooring block to its highest point. In Figure II, the mooring chain length is twice the vertical
distance from the harbor floor to the mooring float at high water - a scope of 2:1. With a pennant 2;
times the height of the bow of the boat, the total length of the chain plus the pennant is 68 feet, or 2.06
times the total distance from harbor floor to the bow of the boat. The scope for the entire mooring is
2.06:1.

Weight alone is the deciding factor when sizing the block because a mooring block does not have sharp
edges designed to bite into the harbor floor. The material the block is made of is all important as can
be seen from the comparison of the submerged weights of concrete, concrete and steel or granite listed
below:

Table VI: MOORING BLOCK COMPARISON

Weight in Sea
Air Weight	Water
30 gallon container filled with concrete	601.60 lbs.	344.90 lbs.
30 gallon container filled with 90% concrete & 10% steel	747.84 lbs.	481.14 lbs.
55 gallon container filled with concrete	1,102.90 lbs.	623.30 lbs.
55 gallon container filled with 90% concrete & 10% steel	1,352.40 lbs.	881.80 lbs.
2,000 lb. concrete block	2,000 lbs.	1,147 lbs.
2,000 lb. granite block	2,000 lbs.	1,269 lbs.

When comparing the variety of blocks available for mooring, it is important to consider that the
submerged weight of concrete is only 86 pounds per cubic foot, while the submerged weight of granite
is 111 pounds per cubic foot.
Since, as discussed above, a boat does not pull directly up on a mooring block, but at an angle, the
actual uplift on a mooring block is less than the tension on the mooring chain. The longer the chain,
the less uplift on the block. With a chain at least twice the depth of the water, the direct uplift on the
block is about one half the tension on the chain. Therefore, the mooring block theoretically must only
weigh, when immersed in water, one half the force applied to it by the sloping mooring chain.

However, this sloping pull on the chain also produces a horizontal force on the mooring block as well.
This force is about 87% of the tension in the chain. On a soft bottom, the mooring block sinks into the
mud and when a strong horizontal pull is produced, it is necessary to displace the mud before the
mooring will drag. The shape of the block and the characteristics of the bottom certainly have a
bearing on the ability to resist this horizontal force so that no general rule of thumb can be set up to
size the mooring block. Many harbor masters recommend flat thinner blocks rather than thick curved
cubical shapes. Round objects, such as barrels filled with concrete, may roll on the bottom and are not
thought to be as good as more rectangular objects.
92



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RECOMMENDED STANDARDS
As stated previously, mooring standards cannot be all encompassing, but general guidelines for
mooring construction are certainly appropriate. When a mooring block is to be used, it is suggested
that it be granite instead of concrete, if at all possible. On a weight basis only, granite is close to 10
percent more effective than concrete and because of its greater density, it may sink into soft bottom
sediments more readily and gain supplemental capacity from those sediments. In addition, the chain
should be as long as possible and as heavy as practical. There should be a heavy swivel in the chain as
low as possible, but high enough so that it can be inspected at low tide. All shackles should be at least
one size larger than the chain, with pins securely lashed in place to prevent them from backing out.
All rope should be good quality, three strand nylon with heavy galvanized thimbles in all eye splices
where the rope joins the chain or other metal. Wherever ropes comes in contact with objects which
tend to cause it to wear or braid, it should be protected with chafing gear. Frequently, rubber or plastic
hose can be adapted to provide excellent chafe protection from bow blocks and whenever the rope
rubs against the stem of the boat. The equipment standards below are appropriate for summer
moorings for pleasure boats in protected harbors. Commercial boats which are used all year long or
boats in exposed areas would do well to utilize heavier gear.

Table VII: MINIMUM MOORING STANDARDS

Boat     Chain   Pennant   Block *         Weight in Air
Concrete   Granite
20'	5/16"	1/2"	360 lbs.	570 lbs.
25'	5/16"	9/16"	490 lbs.	955 lbs.   775 lbs.
30'	3/8"	5/8"	700 lbs.	1,220 lbs. 1,105 lbs.
35'	1/2"	3/4 "	900 lbs.	1,570 lbs. 1,420 lbs.
40'	1/2"	7/ 8"	1,200 lbs.	2,100 lbs. 1,900 lbs.
* Weight in Water

The above standards are minimums. An increase in weight beyond the minimum by 30% would be
quite appropriate to provide some safety factor. The mooring owner is advised to increase sizes of the
mooring components if his vessel is to be exposed to adverse conditions or if his boat places more than
ordinary strain on its moorings.

In areas where there is soft sand, silt or mud, a mushroom anchor may be an appropriate alternative
(see Figure X for a typical mushroom anchor). Once dug in, a mushroom anchor is said to be able to
hold a force equal to ten times its weight. This is not at all true in gravel, hard sand, hard clay or any
other ocean floor that does not permit a mushroom anchor to dig in; therefore, a mushroom anchor
should not be substituted for a block if the bottom characteristics are not appropriate.

The Bruce anchor (see Figure XI) was developed for holding floating oil drilling rigs in place. Where
used to anchor these rigs, four or more anchors are deployed so that the load on each anchor is
unidirectional with little or no tendency to twist the anchor out of the ocean bottom. They are said to
bury well into hard sand or gravel bottoms which are not suitable for mushroom anchors, and it is
claimed by the manufacturer that they do not twist out of the bottom. These anchors are relatively
expensive (over $200 for a simple anchor for a 30 foot boat), so it is doubtful that many moorings
systems with three or more Bruce anchors will be used along the Maine coast.
93

:: ;/1~
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FIGURE X
''



1

a














1




.1

ï¿½1

:li (

;.j
,54ANK


4
e"OWL- c mz   (~UE~
TYPICAL- MUSHROO.A ANCPOR
N.r. t.r.













"'
ï¿½94

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FIGURE XI
I.o
:
TYPICAL BRUCE ANCHOR
hl.r. ii.
___               .~_~   .___        .___~        _            ________

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CHAPTER 6 - SHORESIDE LINKAGE

Planning for moorings does not end at the water's edge. It is important to link the use of the water
with the adjacent land use to ensure compatibility of uses while not overwhelming the land area's
carrying capacity for servicing the mooring area.

At a minimum, harbor officials should address the following issues:

1. parking;
2. public accommodations; and
3. neighborhood compatibility.


PARKING
There is variation in parking standards around the country. Research by the International Marina
Institute indicates that one car for every two recreational boats (0.5 spaces per boat) is a good rule of
thumb nationally. But rules of thumb tend to be modified by local conditions (e.g., consideration of
employee parking or accommodating other uses, such as restaurant). A typical range for communities
appears to be 0.6 spaces to 0.75 spaces per boat.

There is also a range of choices for commercial boats, according to studies from around the country.
Again, the numbers are modified by local conditions (e.g., the type of fleet). A lobster fleet may
require just one space per boat, but draggers may need 1.3 - 2 spaces per boat because of crew sizes.


PUBLIC ACCOMMODATIONS
The best way to keep an area clean is to make it easy for people to keep it that way. Public restrooms,
trash barrels, and boat pump-out facilities, as long as they are serviced and emptied regularly, will
help communities limit the human impact of boating.


NEIGHBORHOOD COMPATIBILITY
If a mooring area is not embraced by the residents of the adjacent neighborhood, the chance to provide
enjoyable public access for boating is diminished. Harbor officials must work closely with
neighborhoods to resolve issues such as traffic impact, parking, trash pickup, hours of usage, impact
on views, etc. The best way to handle this issue is to make neighborhood representatives part of the
planning team and to design the mooring area and the adjacent shoreside access area to a scale
appropriate to the neighborhood.











96

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APPENDIX I
EXCERPT: HARBOR MASTER AUTHORITY STUDY
BUREAU OF PUBLIC LANDS, DEPARTMENT OF CONSERVATION

2. Management Responsibility. Numerous governmental agencies, at the federal, state and local
level, are involved in decisions regarding the use of submerged lands. On the federal level, the U.S.
Army Corps of Engineers issues permits for certain projects located in either the intertidal or
submerged lands. Moorings are covered under a general blanket permit and therefore do not require
Army Corps approval on an individual basis. Rental moorings are not covered under the general
permit and therefore do require a Corps permit. At the state level, the Department of Environmental
Protection has responsibility in regard to environmental concerns and considers moorings for vessels
less than 65 feet in length exempt from the Wetland, Alteration Permit process.

The Bureau of Public Lands has primary management responsibility on submerged lands for the state.
The authority to lease submerged land for permanent structures is established in Title 12 ï¿½ 558-A
"Submerged Lands Act." Under this authority the Bureau may lease the "right to dredge, fill or erect
permanent causeways, bridges, marinas, wharves, docks, pilings, moorings or other permanent
structures on submerged and intertidal land owned by the State." "Permanent" means occupying
submerged land owned by the State during 7 or more months during any one calendar year. In
consideration of the DEP exempt status and municipal involvement and authority, the Bureau,
through rulemaking, has established the same exempt classification as DEP, for vessels less than 65 feet
in length. This exempt status at the State and federal level places actual management responsibilities
for assigning mooring privileges at the local or municipal level.






























97 ,-
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APPENDIX II
SOURCES OP INFORMATION AND FURTHER ASSISTANCE

Alain Bree. Anchoring and Mooring. Dobbs Farm, New York: Sheridan House Inc., 1984.

City of Saco. Saco River P_ublic Access Study. Saco, Maine; 1988.

Greater Portland Council of Governments. Greater Portland Berthing Study. Portland, Maine; 1983.

Earl Hinz. The Complete Book of Anchoxing and Mooring. Centerville, MD: Cornell Maritime Press,
1986.

Betsy Holnan and Miles Clark. The Primer to Hold. 5 John Clarke Road, Newport, Rhode Island
02840.

Maine Department of Conservation, Bureau of Parks and Recreation. State Comprehensive Outdoor
Recreation Plan, Volume 2: 'Technical Appendices": Augusta, Maine; 1988.

Maine Townsman, "Mooring Assignment Policies Under Attack by Feds". Augusta, Maine: Maine
Municipal Association, October 1989.

Robert A. Smith. Anchors Selection and Use, 1983.

Town of Scarborough. Comprehensive Harbor Plan For The Town of Scarorugh, Scarborough,
Maine; 1987.

University of Maine, Cooperative Extension Services. Harbor Managernment A Legal Guide for Harbor
Masters and Coastal Officials. Orono, Maine.

International Marine Institute, 35 Steamboat Avenue, Wickford, Rhode Island, 02852.

National Marine Manufacturers Association, 401 North Michigan Avenue, Chicago, Illinois 60611 and
353 Lexington Avenue, New York, New York 10016.

U.S. Army Corps of Engineers, 42 Trapelo Road, Waltham, Massachusetts 02054.















98