by Pamela McKenney
The subject of mooring and houseboating has become controversial in Maine. A minimal online search will reveal the conflicts between town and summer residents throughout Maine who recreate and live on Maine lakes, ponds, and streams versus those who moor or “colonize” a body of water without land ownership nor permits or permission. Some believe the lack of accountability leads to abuse and violations while others see it as a right since “you can’t own the water.” In an attempt to deal with the issue, many municipalities in Maine have developed ordinances in the interest of safe navigation, the rights of shorefront property owners, and the health of inland water ecosystems. The Town of Palermo is considering adopting such an ordinance to limit and control the placement of moorings and houseboats on waters bordering and within the town. Voters and stakeholders have an opportunity to learn more prior at:
- A Public Informational Meeting on February 16 at 5:00pm at the Palermo Library,
- Town Meeting: Saturday March 11th at 9AM at the Palermo Consolidated School (discussion prior to vote at Town Meeting)
With few exceptions, the State of Maine does not regulate the placement of moorings nor the anchoring of houseboats within the Water Safety Zone of Maine lakes, great ponds and streams. This supports established Water Safety Zone regulations, defined as the first 200 feet from the high-water mark of any shore or ⅓ distance to the opposite shore, whichever is less. The Department of Agriculture, Conservation and Forestry, Boating Facilities does regulate moorings beyond the Water Safety Zone and any marked channel or public boat launch that might impede free navigation. This means that placement of moorings and anchoring of houseboats inside the Water Safety Zone is left up to the discretion of individuals.
In regards to Palermo, without regulation, a person from any town or state; Augusta, Waterville, or Revere, Massachusetts, for example, could decide to moor a boat or a houseboat for the summer on Branch Pond, Sheepscot, or any other inland water. An individual could anchor a houseboat on Sheepscot for the summer or set up a mooring anywhere within the Water Safety Zone, and, currently, there is no method or means to restrict or limit the choice of location. Additionally, shorefront property owners might decide to moor their boat or swim float in front of a neighbor’s dock without permission. Or a boat leasing company with no shorefront ownership could set up a mooring platform for customer use. With access from a public boat launch, this is possible and without regulation – legal.
Municipalities have little to gain and much to lose if moorings and houseboats are abandoned or seep sewage or sink. Houseboating has become a particularly contentious issue. Perhaps due to the rising costs of shorefront ownership or maybe the tiny house trend, the popularity of staking claim to a mooring patch within the Water Safety Zone has increased. Many residents complain these property tax-exempt burdens are noisy, polluting, and a hindrance to fishing, navigation, and recreation.
Although the state does not regulate the placement of moorings and anchoring of houseboats, local municipalities in which a body of water lies can take action to develop standards to avoid leaving the health of public waters to the mercy of individuals who may have no stake in it. The Town of Palermo has taken the initiative to do so. As promoted by the Palermo Selectboard and as notified on the town website, a committee of stakeholders gathered last fall to examine other ordinances from other Maine towns (such as Belgrade, Harrison, Wayne, Casco, Rangeley…), to discuss the potential need for an ordinance, and to develop standards for mooring and anchoring on Palermo waters. These standards are designed to ensure that mooring installation, use, and maintenance as well as overnight anchoring does not:
- impair the public’s health, safety and welfare;
- result in degraded water quality, loss of aquatic habitat, or interference with navigation;
- infringe on the rights of shore land property owners.
See the Town of Palermo website for the full article or read it in the Town Warrant, available at the town office.
Maine’s inland waters exist for all to access and enjoy. Beyond human use and enjoyment, these waters sustain ecosystems vital to the health and identity of our state. In consideration of the standards outlined, Palermo voters have an opportunity and responsibility to decide the importance of regulation in protecting Maine waters by exerting control over mooring and anchoring houseboats.