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Resident Only Moorings: A Sign of the Times Or an Endangered Species?

by Brian Valiton, US Army Corps of Engineers, Waltham, MA, USA,



Document Type: Proceeding Paper

Part of: Coastal Zone '87

Abstract:

As the demand for mooring space has increased in various coastal harbors throughout New England, many New England coastal communities have enacted legislation giving either explicit or implicit preferences to residents in the assignment of moorings. In areas where there is not adequate mooring space to accommodate the demand for moorings, a resident preference may result in the exclusion of non-residents from a particular harbor. This article examines the Federal laws and provisions of the United States Constitution that apply to attempts by States or municipalities to pass legislation regulating moorings that discriminates against non-residents. The article concludes that such legislation by municipalities may be in violation of various provisions of the United States Constitution and other Federal laws.

Subject Headings: Mooring | Legislation | Laws and regulations | Federal government | Ports and harbors | Local government | Water-based recreation | United States | New England

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