Mooring permits also are nontransferable, meaning an individual owner cannot sell his or her permit to another private individual, unless that person is an immediate family member.
The Patrick Administration views this issue as one the local harbormasters have authority to decide.
Since mooring regulations are established locally, be sure to check with town officials about mooring your boat.
Massachusetts state regulations define “moorings” as “any man-made object which is intended to remain place in, on, over or under tideland, Great Ponds, or other waterway.” 310 C. Due to the stationary and of longer duration than passing through water, the mooring of one boat can infringe upon the navigation the rights of another.
Massachusetts courts have ruled that an easement over another owner’s property does not necessarily include mooring rights. 349 (2001), the Appeals Court ruled that mooring rights are not available to all those engaged in boating; only those who obtain the requisite mooring licenses.
Recently, the issue of whether mooring permits have been issued to commercial enterprises along the coast which, in turn, sell the permits at a higher rate and make a profit, has arisen in coastline communities.
Law enforcement agencies have taken different stances on whether this should be permitted.Statutory rape in Massachusetts occurs when a person has sexual intercourse with another person who is under the statutory age of consent and is not their spouse.Historically, the common law understanding of the term describes a nonviolent, non-threatening offense.Mooring sites are at a premium along Massachusetts’ 1,500 miles of coastline and spots are coveted among the state’s recreational boaters. Although “boating” has not been defined legally, Massachusetts courts have recognized the interchangeable use of “boating” and “navigation.” Massachusetts law dating back to Colonial times preserves limited rights of the public even on private beaches, including navigating boats and other vessels across private land.Issues surrounding moorings intersect complex issues of state and municipal regulation and case law. The courts have held, however, that “mooring” is more akin to parking rather than navigation and not a protected public right.Massachusetts considers children particularly vulnerable to manipulation by others. The legislative purpose of having an age of sexual consent is to prevent manipulation by mature individuals upon less mature members of society; namely children. c.272 §4Statutory rape of any person under 18 who is “of chaste life” is also a felony offense.