Navigational Aids Program
To view a list of marked water bodies, please visit this page.
Maine cooperates in a nationwide, uniform waterway marking
system. The Maine State Aids To Navigation System is the basic
system of waterway markers (buoys) used on State waters as
recommended by the U.S. Coast Guard for the purpose of minimizing
hazards to navigation. The system is consistent with the International
Association of Lighthouse Authorities (IALA) Maritime Buoyage
System (Region B) and complies with existing U.S. Coast Guard
regulations.
No city, county or person may mark the waters of Maine in
any manner conflicting with the marking system prescribed
by the Director of the Bureau of Parks and Lands, Maine Department
of Conservation. The Bureau can issue a permit to lake associations,
municipalities, and other organizations to place and maintain
waterway markers. For more information on these permits contact
the Navigational Aids Program at (207) 582-5771.
Maine's boating law requires all watercraft to carry at least
one Coast Guard approved personal floatation device (life
vest) per person. All watercraft equipped with motors must
be registered in Maine or in a state with which Maine has
a reciprocal agreement.
Rules and Regulations: Adopted December
10, 2001
The
Director, Maine Bureau of Parks and Lands, as authorized
by Title12 MRSA, Section 1894, adopts the following Rules
and Regulations.
The
Maine State Aids To Navigation System is the basic system
of waterway markers used on state waters as recommended by
the U.S. Coast Guard for the purpose of minimizing hazards
to navigation.
Maine
cooperates in this nationwide marking system to insure that
these buoys and markers will have the same meaning in all
states. The system is consistent with the International Association
of Lighthouse Authorities (IALA) Maritime Buoyage System (Region
B) and is compatible with existing U.S. Coast Guard regulations.
SECTION
1 - GENERAL
A.
PURPOSE
The
waterway marking system of this State, "Maine State Aids
To Navigation System (M.S.A.T.N.S.)," has been developed
to guide the watercraft operator by:
1.
Delineating safe boating channels;
2.
Indicating the presence of either natural or artificial obstructions
and hazards;
3.
Marking restricted or controlled areas;
4.
Providing directions.
B.
AUTHORITY
The
Director of the Bureau of Parks and Lands shall decide when,
in his/her opinion, hazards to navigation exist and mark the
waters of the State, within the resources and funds available,
by placement of aids to navigation and regulatory markers
on the waters consistent with the rules provided in Title
12 MRSA, Section 1894.
The
Director, Maine Bureau of Parks and Lands , as authorized
by Title 12 MRSA, Section 1894, adopts the following Rules
and Regulations.
C.
DEFINITION OF TERMS
Certain
terms, as used in these Rules and Regulations, are defined
as follows:
AGREEMENT
OF ASSISTANCE. A written agreement whereby an organization
or political subdivision may assist the State in waterway
marking.
AID
TO NAVIGATION OR AID. A waterway marker placed in, on,
or near the water, designed to indicate a channel or the presence
of a navigational hazard.
BEACON.
Any device designed in a fixed manner in the water or adjacent
land (structure constructed of pilings, etc.), which is used
to convey a message of Navigational Aid to watercraft operators.
BOATING
PUBLIC. Those persons who trade and/or travel by passenger
craft, yachts, houseboats, fishing boats, motorboats, sail
boats, personal watercraft and other watercraft, whether or
not operated for hire or profit.
BUOY.
Any device designed to float, anchored in water and is used
to convey a message, the exception being a mooring buoy, which
is used to moor a watercraft.
BUREAU.
The Bureau of Parks and Lands, Maine State Department of Conservation.
DISPLAY
AREA. The area on a buoy or sign used for display of a
water marker symbol and /or pertinent boating information.
FAIRWAY.
A navigable channel in a restricted area of a water body which
may or may not be marked with channel markers.
FREE
NAVIGATION. The right of the boating public to utilize
a water body subject only to those restrictions imposed by
legal authority.
GREAT
POND. Any natural body of water ten (10) acres or larger
or any artificial body of water thirty (30) acres or larger.
MOTORBOAT.
Any watercraft, including airmobiles, equipped with propulsion
machinery of any type, whether or not the machinery is the
principle source of propulsion, is permanently or temporarily
attached, or is available for propulsion on the watercraft.
NAVIGATION
HAZARDS. Any obstructions to navigation submerged in or
floating on the waters of the State occurring either naturally
or placed in or on the waters by individuals.
ORGANIZED
SWIM AREA. Any developed swim area, especially those areas
developed by summer camps, community organizations and other
shoreline owners, which is enclosed by line floats and delineated
by at least two "Swim Area" markers at the outer
off shore bounds.
PERMIT,
STATE (Waterway Marking). Written consent of the State,
given for the placement and maintenance of navigational aids
or regulatory markers.
REGULATORY
MARKERS. Waterway markers placed in, on, or near the water
to indicate or convey: Danger, Restricted or Controlled areas
and/or information.
SHORELINE.
The demarcation between land and water at any specific time.
The shoreline will vary as the water elevation fluctuates.
SIGN.
A device for carrying a message which is attached to another
object such as a buoy, beacon structure, post, piling, or
the land itself.
SKI
JUMP, WATER. Structure to allow water skiers to leave
the normal water surface, placed on the surface of the waters
of the State and anchored to the bottom.
SKI
SLALOM COURSE, WATER. Buoyed course through which water
skiers zigzag.
SWIMMING
AND DIVING FLOATS. Any floating structure for swimming
and/or diving, placed on the surface of the waters of the
State and temporarily or permanently anchored to the bottom.
SYMBOLS.
Figures, geometric in shape, such as a diamond, circle, rectangle,
square, or other as deemed necessary, used to convey information.
WATERCRAFT.
Any type of floating vessel, boat, canoe, or craft used or
capable of being used as a means of transportation on water
other than a sea plane.
WATERS
OF THIS STATE. All inland waters and all coastal waters
within the jurisdiction of the State of Maine.
WATER
SAFETY ZONE. That area of water within 200 feet of any
shoreline, whether the shoreline of the mainland or of an
island. The State does not normally buoy hazards within this
zone except when marking a channel or critical, high traffic
areas.
WATERWAYS.
Water, navigable in fact, which, by itself, or by uniting
with other waters, navigable in fact, forms a waterway on
which watercraft may travel.
WATERWAY
MARKER. Any device designed to be placed in, on, or near
waters of this State, to convey an official message to a watercraft
operator on matters which may affect health, safety or well-being.
SECTION
II - REGULATIONS
A.
EFFECTS OF REGULATIONS
The
Director of the Bureau of Parks and Lands may make rules for
the uniform marking of the water areas of this State not otherwise
regulated, through the placement of aids to navigation and
regulatory markers. No city, county or person shall mark the
waters of this State in any manner conflicting with the marking
system prescribed by the Director of the Bureau of Parks and
Lands.
B.
VIOLATIONS OF RULES AND REGULATIONS
Whoever
violates any of the rules and regulations or any notices posted
by the Bureau of Parks and Lands at public boat launch facilities,
or who willfully mutilates, defaces or destroys any notice,
monument or marker lawfully erected within or adjoining the
borders of these public facilities shall be guilty of a Class
E. Crime.
Whoever
marks waters contrary to the rules established by the Director
of the Bureau of Parks and Lands shall be guilty of a Class
E crime.
Whoever
moors a watercraft to any buoy, beacon or permanent structure
placed by the State or any organization authorized to place
markers by permit in waters of this State, or in any manner
makes fast thereto, shall be guilty of a Class E crime.
Whoever
intentionally destroys, defaces, damages, moves off station
or sinks any buoy, beacon or marking device either floating
on the waters of the State or permanently fixed to the land
or structures adjacent to the water areas of the State, placed
by the State, or any organization authorized to place markers
by permit, shall be guilty of a Class E crime.
C.
DISTRICT AND SUPERIOR COURTS HAVE CONCURRENT JURISDICTION
The
District Court and the Superior Court shall have concurrent
jurisdiction in all prosecutions under any provision of this
chapter. Any person arrested as a violator of said chapter
may be taken before the District Court in the division where
the offense was committed, or in any adjoining division. Jurisdiction
in such cases is granted to the District Court to be exercised
in the same manner as if the offense had been committed in
that division.
SECTION
III - SYSTEM OF AIDS TO NAVIGATION & WATERWAY MARKERS
The
Maine State Aids To Navigation System (M.S.A.T.N.S.) has been
developed to guide the watercraft operators on waters of this
State.
State
waterway markers shall not normally be placed within the Water
Safety Zone (200 feet or less from any shoreline), except
when marking channels or hazards to navigation in critical
high traffic areas. Floating State waterway markers normally
will mark hazards covered by less than four (4) feet of water
at low water during the boating season. (Typically from Memorial
Day to October 1st each year.)
The
M.S.A.T.N.S. consists of five (5) types of markers:
1.
Lateral types of Aids to Navigation;
2.
Safe water markers;
3.
Inland waters obstruction markers;
4.
Regulatory and Information markers;
5.
Other waterway Marking Devices and Waterborne Structures.
1.
Lateral type aids to navigation mark defined channels.
They define the port and starboard sides of a route to be
followed and their most frequent use is to mark the sides
of a channel. The coloring and numbering of Lateral aids are
determined by their position with respect to the navigable
channel, as such channels are entered and followed upstream
or toward the head of navigation. There are two (2) distinctively
colored aids used to indicate the sides of a channel.
a.
Solid Colored GREEN Aids (All Green Can) shall indicate
that side of a channel to be kept to the left (port side)
of a watercraft when proceeding upstream or returning from
the main water body.
Go
between all-green aid and a companion all-red aid. The green
aid is used together with the all-red aid to mark the entrance
of a channel. While traversing the remainder of said channel,
all-green aids shall be kept on the same side of the watercraft
as indicated by placement of aids at the entrance to the channel.
b.
Solid Colored RED Aids (All Red Nun) shall indicate that
side of a channel to be kept to the right (starboard side)
of a watercraft when proceeding upstream or returning from
the main water body.
Go
between all-red aid and a companion all-green aid. The red
aid is used together with the all-green aid to mark the entrance
of a channel. While traversing the remainder of said channel,
all-red aids shall be kept on the same side of the watercraft
as indicated by placement of aids at the entrance of the channel.
2.
Safe water markers indicate that there is navigable water
all around the marker. Their most frequent use is to indicate
fairways or mid-channels.
a.
A RED and WHITE Vertically Striped Aid shall mark the
Fairway or center of a channel. Watercraft can safely pass
close by either side of these markers when following them
in sequence. Stripes shall be of approximately equal width
and marker shall display red spherical topmark.
3.
Inland waters obstruction markers indicate that the hazard
extends from the nearest point of land to the buoy.
a.
BLACK and WHITE Vertically STRIPED Aids shall mark obstructions
extending from the nearest shore to the aid and shall indicate
to a watercraft operator not to navigate between the aid and
the nearest shore. The number of stripes is discretionary,
provided the white stripes are twice the width of the black
stripes.
4.
Regulatory and Information Markers are used to alert the
watercraft operator of the existence of dangerous areas, restricted
or controlled areas, and which provide general information
and directions.
All
regulatory waterway markers shall be colored white with orange
color bands and symbols. Symbols (geometric shapes) shall
be placed between horizontal colored bands of a marker body
and shall be colored orange.
Authorized
symbols and their meanings are as follows:
a.
A vertical open-faced diamond symbol to mean DANGER. The
nature of the danger may be indicated by words and/or well-known
abbreviations in black block letters above, below or beside
the symbol in the white background. Some examples of words
that may be used are: "Hazard Area," "Shallow
Area," "Rock," or "Dam."
b.
A vertical open-faced diamond symbol having a cross centered
within the diamond indicates that all motorboats are excluded
from the marked area. All motorboats must KEEP OUT. The nature
of the restriction may be indicated by words and/or well-known
abbreviations in black block letters above, below, or beside
the symbol in the white background. Some examples of words
that may be used are: "Swim Area," "Water Intake,"
or "Area Closed."
c.
A circular symbol indicates that a watercraft operated
in the marked area is subject to certain operating CONTROLS
or RESTRICTIONS. The nature of the controls or restrictions
shall be indicated by words, numerals, and/or well-known abbreviations
in black block letters inside or beside the circle. Extra
explanation may be given above, below, or beside the symbol
in the white background. Some examples of words that may be
used are: "Headway Speed Only," "Safety Slow
Zone," or "No Ski." Note - Not all restricted
or controlled areas are marked by buoys.
d.
A square or rectangular symbol to give INFORMATION or
DIRECTIONS. The information shall be indicated by words and/or
well-known abbreviations in black block letters above, below,
beside or inside the symbol in the white background.
5.
Other waterway marking devices and anchored or stationary
waterborne structures:
In
the interest of safety and uniformity, anyone placing any
of the following types of waterway marking devices or waterborne
structures in or on State waters must comply with State regulations.
In addition, no object may be placed in State waters in a
marked channel or a Fairway or in a manner that would impede
access to a public boat launch facility or deny the right
of Free Navigation.
a.
MOORING BUOYS: To avoid mistaking mooring buoys for aids
to navigation or regulatory markers, they shall be colored
white with a single BLUE horizontal band clearly visible above
the water line. No mooring may be installed so that it or
the object moored thereto extends beyond the water safety
zone (200 feet from any shore) or one-third the distance to
the opposite shore, whichever is less.
b.
ORGANIZED SWIM AREA, MARKING OF: All organized swim areas
must be enclosed with line floats (alternate colored white
and orange or alternate colored white and blue) to delineate
the limits of said area, and must be marked at the outer offshore
bounds by at least two (2) Swim Area markers, i.e. Regulatory
Waterway Markers with the vertical open-faced diamond symbol,
having a cross centered in the diamond and the words SWIM
AREA to indicate that all motorboats must keep out of the
area. No swim area may extend beyond the water safety zone
(200 feet from any shore) or one-third the distance to the
opposite shore, whichever is less. A State Permit is not
necessary to establish an organized swim area.
c.
FLOATS - SWIMMING AND DIVING: No such structure will be
anchored or moored beyond the Water Safety Zone (200 feet
from any shore), or one-third the distance to the opposite
shore, whichever is less.
d.
SKI SLALOM COURSE, WATER: All water ski slalom courses
shall be marked with RED and YELLOW, minimum nine (9) inch
spherical markers and arranged in compliance with the American
Water Ski Association Regulations for slalom courses. No part
of a water ski slalom course shall be within the Water Safety
Zone (within 200 feet of any shoreline) unless authorized
to do so by the Maine Dept. of Inland Fisheries and Wildlife.
e.
SKI JUMP, WATER: All water ski jump structures will be
equipped with orange reflectors or reflecting tape visible
from all sides. Any such structure anchored beyond the water
safety zone (200 feet from any shore) between the hours of
sunset and sunrise, shall be illuminated with a single white
light showing all around the horizon.
f.
REGATTA, WATERWAY PARADE, RACE AND/OR EXHIBITION MARKERS:
Whoever wishes to hold or initiate an organized Regatta, Waterway
Parade, Race or Exhibition on State waters must receive authorization
to do so from the Maine Department of Inland Fisheries and
Wildlife, Registration Information, Augusta, Maine 04333 and
comply with the regulations contained herein for the specific
type of marker or structure concerned.
1.
Permanent Race Course Markers: Race Course markers shall
be colored white with orange horizontal bands and display
an orange colored triangular pennant. The alternate white
and orange bands (white band uppermost) shall be of four (4)
inch height, and that portion of a marker must extend a minimum
of two (2) feet above the waters' surface. Pennants for these
markers must be orange in color, triangular in shape.
2.
Temporary Regatta, Waterway Parade, Race and/or Exhibition
Markers: Any markers placed in, on, or near State waters
incidental to an authorized Regatta, Waterway Parade, Race
or Exhibition, shall comply with the following regulations:
Markers shall be of the "Regulatory" type, with
circular symbol indicating a controlled area, with proper
wording affixed, i.e. Regatta Area, Parade Route, Boat Race,
etc. The length of time these markers shall be permitted may
not exceed forty-eight (48) hours prior to or following the
scheduled event. All authorized races must use race course
markers as depicted in the preceding paragraph.
g.
DIVERS' FLAGS or DIVERS' SIGNS: This Waterway marker shall,
when displayed on the water, either from a float or watercraft,
indicate the presence of diving activities in the immediate
water area, and shall be displayed only when diving activities
are actually in progress.
Watercraft
operators shall remain at least one hundred (100) feet from
any diver's flag or sign and exercise every precaution while
in the area.
The
diver's flag or sign shall be of a RED color with a WHITE
diagonal stripe running from the upper left-hand corner to
the lower right-hand corner (on a flag, from the mast head
to the lower outside corner of the fly).
h.
BRIDGE CLEARANCE LIGHTS: where needed or desired on bridges,
these shall be fixed (constant rather than flashing) RED lights
marking the boundary or margin of each side of the channel,
with a fixed single GREEN light placed over the center of
the safe channel so as to indicate the maximum vertical clearance
at that point.
i.
ORGANIZED CAMP PERIMETER MARKERS:
may be utilized by organized camp owners in waters adjacent
to their waterfront property. This waterway marker is used
as a cautionary device to alert vessel operators of the camp's
existence. Perimeter markers shall be a regulatory type marker,
which indicates control or restriction. The word SLOW shall
be printed within the circle symbol, ORG'D printed over the
symbol and CAMP printed under the symbol.
j.
SPECIAL PURPOSE MARKERS:
Markers for special purposes shall be colored as follows:
SEAPLANE
LANDING AREAS OR MILFOIL AREAS. When marked shall be marked
with SOLID YELLOW buoys. These markings have no significance
as regards safe waters for the operation of watercraft, other
than to inform the watercraft operator that seaplanes may
be operating in the area or the existence of other special
features.
BAIT
TRAPS: shall be WHITE in color and shall be identified
as to ownership. From ice out to ice in; A baitfish trap buoy
or baitfish holding box buoy placed or located within the
inland waters of the State must be a minimum of four (4) inches
in diameter and Twelve (12) inches in height and be covered
with a reflective coating that is visible from all sides and
covers a minimum of 25% of the visible surface area of the
buoy.
SECTION
IV - SPECIFICATIONS PERTINENT TO THE MAINE STATE AIDS TO NAVIGATION
SYSTEM
A.
SIZE, SHAPE, MATERIAL AND CONSTRUCTION OF AIDS TO NAVIGATION
AND WATERWAY MARKERS: the size, shape, material and construction
of all markers, both fixed and floating, shall be such as
to be observable under normal conditions of visibility at
a distance such that the significance of the markers or aids
will be recognizable before the observer is in danger.
B.
NUMBERS, LETTERS OR WORDS ON MARKERS:
1.
Numbers, letters or words on an aid to navigation or regulatory
marker shall be placed in a manner to enable them to be clearly
visible to an approaching or passing watercraft. They shall
be block style, well proportioned and as large as the available
space permits. Numbers and letters on red or green backgrounds
shall be white, numbers and letters on white backgrounds shall
be black. All markers shall be conspicuously numbered for
identification purposes.
2.
On Lateral (channel) markers, ODD numbers shall be used
to identify solid colored green markers; EVEN numbers shall
be used to identify solid colored red markers
All
numbers shall increase in an upstream direction or toward
the head of navigation whenever this is reasonably definable
(odd to left or port - even to right or starboard). On waterways
where the head of navigation is not reasonably definable,
marker numbers shall be assigned at the discretion of the
Bureau and/or Permittee.
3.
Numbers shall be required on all navigational aids or
regulatory markers. For uniformity, this number shall be near
the top of floating markers and in the lower right hand part
of sign markers. Numbers shall be a minimum of two (2) inches
in height.
4.
A mooring buoy may bear ownership identification provided
that the manner and placement of the identification does not
detract from the meaning intended to be conveyed by the color
code (scheme).
C.
REGULATORY MARKER SYMBOLS: The symbols (geometric shapes)
displayed on a regulatory marker are intended to convey specific
meaning to watercraft operators, whether or not they should
stay well clear of the marker or may safely approach the marker
in order to read any wording on the marker. Wording on regulatory
markers shall be black in color.
When
a regulatory marker consists of a square or a rectangular-shaped
sign displayed from a buoy or structure, the sign shall be
white with an orange colored border. When a diamond or circular
geometric shape is associated with the meaning of the marker,
it shall be centered on the signboard.
D.
REGULATORY BUOY BANDS: Buoys used to display regulatory
markers shall have a clearly visible orange colored band near
the TOP and at the BOTTOM of the buoy. The bottom band should
be visible above the buoys' waterline. The white portion between
the bands will be used to display the appropriate symbol and
wording, if any.
E.
REFLECTORS OR REFLECTIVE MATERIALS: shall be used on all
navigational aids and regulatory markers. When used on markers
having lateral (channel) significance, GREEN reflectors or
retro-reflective materials shall be used on solid colored
green markers; RED reflectors or retro-reflective materials
shall be used on solid colored red markers; WHITE reflectors
or retro-reflective materials shall be used for all other
markers, except that orange reflectors or retro-reflective
materials may be used on the orange portions of regulatory
markers and yellow reflectors or retro-reflective materials
may be used on all special purpose markers.
F.
LIGHTING OF AIDS TO NAVIGATION AND WATERWAY MARKERS: Navigational
aids, when lighted, shall conform to the following: lights
on solid colored markers shall be regularly flashing, regularly
oscillating or equal interval lights. For ordinary purposes
the frequency of flashes will not be more than 30 flashes
per minute (slow flashing). When it is desired that lights
have a distinct cautionary significance, as at sharp turns
or sudden constrictions in the channel or to mark artificial
or natural obstructions, the frequency of flashes may not
be less than 60 flashes per minute (quick flashing).
Colors
of lights shall be GREEN light on solid colored green markers,
a RED light on solid colored red markers and WHITE or AMBER
lights for all other markers.
G.
SPECIAL LIGHTING REQUIREMENTS: Whenever a structure (anchored
or stationary) is erected in a position on or adjacent to
the edges of navigable channels or fairways or beyond the
"Water Safety Zone" (200 feet from any shore), the
Bureau may require lights to mark such structures when, in
its judgment, lights are necessary for the safety of the boating
public.
SECTION
V - PRIVATE PERMITTED WATERWAY MARKERS
A.
AUTHORIZATION: To place any navigational aid or regulatory
marker on, in, or near waters of this State, written authorization
must first be obtained through the Maine Department of Conservation,
Bureau of Parks and Lands, under its State Permit System.
The
provisions of the above paragraph shall not apply to aids
to navigation under the jurisdiction of the United States
Coast Guard, nor to those aids and markers which come under
the political subdivision paragraphs of this section.
B.
POLITICAL SUBDIVISION AUTHORITY: Title 12 MRSA Section
1894; If the Bureau of Parks and Lands , after written request
from the governing body of any city or town, either declines
to mark a waterway or is unable to mark a waterway, then the
governing body of the city or town may mark hazards to boating
on that waterway within its jurisdiction. The Bureau of Parks
and Lands shall be deemed to have declined to mark a particular
waterway if the Bureau does not respond to a written request
within thirty (30) days of its receipt.
The
Bureau of Parks and Lands may at any time reverse a decision
not to mark a certain waterway or portion of that waterway
and replace any existing markings in accordance with the rules
of uniform marking promulgated by the Bureau.
C.
PRIVATE PERMITTED NAVIGATIONAL AIDS AND REGULATORY MARKERS:
A Lake Association, organization or political subdivision
may be authorized by State Permit to construct, place, and
maintain aids to navigation and/or regulatory markers in/on
State waters.
Those
desiring a State Permit must comply with the following regulations:
1.
Obtain form WM-11 from the State Bureau of Parks and Lands,
Navigational Aids Program;
2.
All markers must conform to the Maine State Aids To Navigation
System Rules and Regulations; Regulations governing specific
markers can be found in Section III and IV of these Regulations.
3.
Inspection - All permitted waterway markers shall be maintained
in proper condition and location, or be replaced or removed.
The organization shall inspect the location and condition
of markers regularly, at least every three (3) weeks, to assure
they are in position, and keep a record of these verifications.
Failure to keep written verifications shall be sufficient
reason for the cancellation of this permit and removal of
markers.
D.
LIABILITY: Title 14 MRSA Section 159-C; Liability related
to placement of navigational aids in great ponds.
A
lake association that has obtained a permit from the Department
of Conservation to place navigational aid markers in great
ponds is not liable for personal injury, property damage or
death caused by placement or maintenance of those navigational
aid markers, provided that the lake association has placed
or maintained the markers in conformance with the terms and
conditions of the permit.
1.
"Lake Association" means a nonprofit organization
incorporated under state law whose corporate purpose includes
maintenance or improvement of water quality or public safety
on a great pond, management of water levels or other social,
educational, stewardship or advocacy efforts to benefit users
of or the natural environment of a great pond.
2.
No remuneration - In order to qualify for the immunity, a
lake association may not receive any remuneration from the
State or otherwise for placing navigational aid markers in
great ponds.
3.
Limitations - This section does not limit any liability that
may otherwise exist for willful or malicious actions or failures
to guard or warn against a known dangerous condition related
to the navigational aid markers.
4.
No duty created - Nothing in this section creates a duty of
care or ground for liability.
5.
Cost and fees - The court may award any direct legal costs,
including reasonable attorney's fees, to a lake association
against which a tort or related action is brought when the
lake association is found not liable pursuant to this action.
F.
WATER INTAKES: Title 22 MRSA Section 2648 as amended;
Any water utility or municipality is authorized, after consultation
with the Commissioner of Inland Fisheries and Wildlife,
the Department of Human Services, Drinking Water Program,
and the Department of Conservation and after conducting
a public hearing in the affected town, to designate by buoys
in water or markers on the ice in an area on a lake or pond
from which water is taken, with a radius commencing at its
point of intake. The radius may not exceed 400 feet and
within that area a person may not anchor or moor a boat
or carry on ice fishing or carry on any other activity designated
by the water utility or municipality when such restriction
is necessary to comply with the primary or secondary drinking
water regulations applicable to public water systems. Any
such buoys placed in the water must be plainly marked as
required by the Director of the Bureau of Parks and Lands
under Title 12 MRSA, Section 1894. Any person violating
this section must, on conviction, be penalized in accordance
with Title 30-A, section 4452.
Buoys
for this purpose shall be regulatory in type, display a vertical
open faced diamond symbol having a cross centered within the
diamond, and the words "Area Closed" printed in
the Display Area.
Tidy's
Tips
DON'T
BE A LITTER
BOAT!
Maine
Litter Control Act: Title
17, M.R.S.A., 2264
No
person shall throw, drop, deposit, discard or otherwise dispose
of litter in any manner or amount: in or on any public highway,
road, street, alley, public right-of-way or other public lands,
except in containers, receptacles, or on property that is
designated for disposal of garbage and refuse; or in any fresh
water lake, river, or stream, tidal or coastal water or on
the ice over the water. When litter is thrown or discarded
from a watercraft both the operator of the watercraft, unless
it is a watercraft being used for the carriage of passengers
for hire, and the person actually disposing of the litter
are in violation of this section. This subsection does not
prohibit persons who fish, lobster, or otherwise harvest from
the water from returning to the water harvested products,
bait, and similar materials that naturally originate in the
water.
Please
report any buoy that is found damaged or off station as soon
as possible to the Maine Bureau of Parks and Lands, Navigational
Aids Program, Richmond, Maine Telephone: (207) 582-5771.
To receive a copy of "State Aids to Navigation System"
contact us at (207) 582-5771 with your
name and address.
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