Harbormaster Regulations

A. For the purpose of these regulations, the following definitions apply:

  1. HEADWAY SPEED is the slowest speed at which a vessel may be operated and maintain steerage, but in no case shall exceed five miles per hour.
  2. LOBSTERING shall include the taking of lobsters by means of a trap, net or SCUBA equipment.
  3. MOORING is any anchor or ground tackle used to secure a vessel, boat, float or docks.
  4. VESSEL or BOAT shall mean watercraft of every description, including documented boats and ships, used or capable of being used as a means of transportation on water and including all means of propulsion and appurtenances thereto.
  5. WATER SKIING shall include the towing or manipulating of a surfboard, aquaplane, parasail or other similar device behind any vessel.
  6. WATERWAY is all bodies of water within the territorial confines of the TOWN OF IPSWICH.

B. The Harbormaster shall order the movement and placement of all vessels for the orderly and safe management of the Ipswich waterways.

  1. All floating docks extending of private property must be approved by the Harbormaster.
  2. Any vessel or floating dock may be removed by the Harbormaster, if on the reasonable judgment of the Harbormaster, it poses a hazard to navigation or is a hazard to other vessels.
  3. The Harbormaster shall designate any and all mooring areas.
  4. The boundaries of the Ipswich Bay Yacht Club are recognized as those which the Coast Guard established for a special anchorage area. (11.22 Plum Island Sound of Great Neck) which boundaries were subsequently disestablished.

C. The Harbormaster adopts the following regulations regarding the mooring process, etc. in the Ipswich Waterways.

  1. No person shall establish a mooring or use any mooring within the Ipswich waterways without first obtaining a permit from the Harbormaster.
  2. A permit shall require such information as the Harbormaster considers necessary. Proof of ownership of mooring tackle and vessel may be required. Each mooring application must be completed fully, accurately and truthfully.
  3. Mooring permits shall be issued only after the proper fee has been paid to the Harbormaster's office and proof of current excise taxes paid to the Town of Ipswich.
  4. The mooring fee is established as being three dollars ($3.00) per foot. Said fee shall not be refunded if the mooring permit has been revoked by he Harbormaster or removed by the owner for any reason.
  5. Mooring registrations are the responsibility of the owner.
  6. For the purposes of these regulations, all mooring permits shall expire on December 31st of the issuing year.
  7. Permits shall be issued only to private persons. The IBYC has two blanket moorings.
  8. The rental of any mooring is prohibited. No business shall be operated in the Ipswich Waterways without prior written approval of the Harbormaster and the Selectmen.
  9. Any vessel tied off a private dock must have a valid mooring permit, excepting a tender assigned to the vessel.
  10. The sale of any boat or vessel shall not include the sale of a mooring location. Upon the sale of any boat or vessel, the Harbormaster must be notified in writing if the owner wishes to hold the mooring location. Said location shall be held for one year upon payment of the minimum application fee and shall not be subject to renewal.
  11. If required, a mooring sticker shall be affixed to the upper right hand portion of the transom of the vessel.

D. A mooring permit may be denied or revoked by the Harbormaster at any time for failure to comply with any or all mooring regulations and any or all laws of the Commonwealth of Massachusetts.

  1. A mooring permit shall be revoked for pollution in an anchorage area by any vessel, including the discharge of oil, sewage, garbage, waste, rubbish, debris and/or holding tanks.
  2. A mooring permit shall denied or revoked to any vessel not capable of reasonably maneuvering reliably and safely under it's own power. Maneuverability shall be determined by the reasonable discretion of the Harbormaster as a power and/or sail configuration suitable for the size/design of the vessel, which will allow it to reliably and safely navigate under the local conditions of tide, wind and weather.
  3. A permit shall be denied or revoked to any vessel equipped with a Marine Sanitation Device, Type III, that does not also have a pump out deck fitting. (Inspections may be held by the Harbormaster prior to the issue of a mooring permit.)
  4. All Marine Sanitation Devices must conform to U.S. Coast Guard requirements.

E. The Harbormaster shall determine the size, type, construction and placement of all moorings.

  1. All moorings are subject to inspection by the Harbormaster. Any mooring may be inspected, removed, or relocated whenever, in the reasonable judgment of the Harbormaster, the safety of other vessels or the use of the area requires such action. The expense of such inspection, removal, or relocation and any liability incurred shall be the responsibility of the owner.
  2. Each mooring buoy shall have an identification which shall include the owner's name clearly visible thereon, or it shall be considered illegal and shall be removed.
  3. Each mooring spar and buoy shall be visible at any tide level. Wood and/or metal mooring spar and buoys are not permitted.
  4. Upon discontinuance of the use of a mooring, the permit holder shall notify the Harbormaster in writing, and shall remove the mooring.
  5. No movement of moorings shall be allowed unless advance written permission has been obtained from the Harbormaster.
  6. No removal of moorings shall be allowed by any person, other than the owner, unless advanced permission, in writing, has been obtained from the Harbormaster.
  7. A mooring which is in violation of any regulation, and/or which poses a hazard to navigation or a public nuisance, may be removed by order of the Harbormaster together with any vessel which may be attached to it. Such action may be taken without notice to the owner. Any expense incurred in the removal and relocation and/or any resulting damage thereto shall be the sole responsibility of the owner.

F. Use of waterways prohibited:

  1. The Harbormaster may prohibit SCUBA or other type of diving in anchorage areas if such diving cannot be conducted safely without undue inconvenience to boat operations.
  2. No lobstering whatsoever shall be permitted in designated mooring areas.
  3. No vessel shall make fast to the Town landing for for a period of more than fifteen (15) minutes without prior approval of the Harbormaster.
  4. No vessel shall exceed headway speed or cause a disturbing wake within mooring areas or other areas where vessels are at anchor.
  5. Water skiing is prohibited in anchorage areas.
  6. No person shall operate a vessel in a reckless or negligent manner so as to endanger the life, safety or property of another person. Operators shall be responsible for damage caused by excessive wake at any time.
  7. Sail-boarding or wind-surfing is prohibited in all mooring, swimming or anchorage areas.
  8. No vessel or boat of any description shall be chained or locked to any Town owned or maintained dockage facilities.

G. Violations of any of these Regulations may subject the offender to a fine of up to one hundred dollars ($100.00) per violation. These violations are enforced by civil Town of Ipswich citation by-laws.

  1. You may choose to pay the fine by appearing in person or through a duly authorized agent, or by mailing a check, money order or postal note within 21 days of the date of the notice to: Ipswich Town Clerk, Town Hall, Ipswich, Ma 01938.
  2. If you desire to contest the matter, you may do so by making a written for a non criminal hearing, and enclosing a copy of the citation within 21 days of the date of notice to: Clerk Magistrate, Ipswich District Court, 188 State Street Newburyport, Ma 01950.
  3. If you fail you fail to pay the fine or to request a hearing within 21 days, or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due, a criminal complaint against you.
  4. Any property seized or removed by the Town of Ipswich for a violation of any Regulation shall be held until all liens are paid in full to the Town, and any and all removal and storage charges have been satisfied.
  5. In the event property is not claimed or cannot be identified, the Town may dispose of the property after a six month period.

H. Miscellaneous

Nothing contained herein shall be held or construed to supersede or conflict with or limit the jurisdiction of the United States Government with respect to the enforcement of the navigation, shipping, anchorage or other laws of the United States, or any lawful regulations of the Division of Marine and Recreational Vehicles, or any laws of the Commonwealth of Massachusetts.

In the event that any provisions of these regulations is hereafter Judicially found invalid, such decision invalidity, or voidance shall not affect the validity of the remaining provisions of these regulations.

The Harbormaster may adopt additional regulations for the orderly management of mooring, anchorage or waterways in the Town.