Based on advice from the Town’s Attorney, the Town of Acton has decided to pause enforcement of the mooring ordinance until we can address some potential conflicts with state law.
The ordinance was reviewed with legal counsel prior to the Town voting to adopt it. At the time we believed it was compliant with state law and similar to several ordinances adopted by other municipalities in the state. However, the Maine Department of Inland Fisheries and Wildlife contacted the Town with concerns that certain provisions of the ordinance did not comply with state law.
We have also learned that similar letters were sent to other towns with local mooring ordinances. The Town’s attorney has continued to research this matter, consulting with the Maine Municipal Association, Maine Attorney General’s Office and Inland Fisheries and Wildlife. The consensus is that the if the Town is going to regulate moorings at the local level, the Town would have to implement a permitting system (overseen by the Harbormaster) to allocate moorings to shorefront property owners as well as some non-residents. We have been told this has been a confusing area of the law for many years, and other towns have had difficulties implementing these types of ordinances.
The legislature has also been looking at revising the laws affecting moorings and floating structures. We are looking at possible amendments that would allow the Town to accomplish the goals of the ordinance.
Any questions regarding this decision, should be directed to the Select Board.
Thank you –