§ 9-82. Procedures for outhauls

(a) Before any outhaul is located or maintained in the coastal waters and harbor areas of the town, a permit must be issued by the harbormaster or assistants. The harbormaster and assistants, having due regard to draft and facility of navigation and the policies of the coastal resources management council program section 300.4, shall designate where outhauls shall be located or maintained. The town council shall establish the fee to be paid for the permits to be issued by the harbormaster or assistants for outhauls.

(b) Such permits shall be issued by the harbormaster or assistants on an annual basis and shall be valid from May 1 to April 30 of the following year.

(1) Except as provided below, an outhaul(s) is/are to be permitted to the contiguous waterfront property owner.

(2) Up to two outhauls may be allowed per waterfront property.

(3) Outhauls are not permitted on properties which contain a recreational boating facility.

(4) Outhauls are not permitted in type 1 waters.

(5) Live-on-boards are not permitted on vessels using an outhaul.

(6) Outhaul permits are issued only when consistent with the state coastal resources management program (RICRMP), including the provisions of section 300.18.

(7) Permits issued for outhauls by the harbormaster or assistants may be revoked by the harbormaster at any time for failure to comply with any provision of this article or the RICRMP. Permits issued for outhauls by the harbormaster or assistants may be revoked by the coastal resources management council (CRMC), as the CRMC retains the authority to revoke any permits issued by the town if it finds that such permit conflicts with the RICRMP.

(8) From November 15 to April 15, when a boat is not being secured by the outhaul device on an annual basis, the outhaul cabling system shall be removed.

(9) Outhauls may be grandfathered in their current location upon annual harbormaster documentation that such outhauls have been in continuous use at such location since 2004, and, the contiguous property owner(s) agree in writing to such; however, such grandfathering is extinguished when a recreational boating facility is approved at the location.

(10) Outhauls which coexisted with a permitted recreational boating facility on the waterfront property, may be grandfathered in their current location upon annual harbormaster documentation that such outhauls and recreational boating facility have been in continuous use at such location since 2004, and the contiguous property owner(s) agree in writing to such, and so long as, the harbormaster determines the outhaul and/or the residential boating facility do not present navigational hazards and are consistent with applicable provisions of the RICRMP.

(Ord. of 5-1-2007, § 9-82)