BLAIR LEE III, Acting Governor

2159

USE ON CONGESTION WITHIN THE WATERS, THE EFFECT ON OTHER

RIPARIAN PROPERTY OWNERS, AND THE PRESENT AND PROJECTED

FURTHER NEEDS FOR ANY PROPOSED COMMERCIAL OR INDUSTRIAL USE.

THE PORT WARDENS SHALL HAVE THE POWER TO REGULATE THE

MATERIALS AND CONSTRUCTION FOR THE AFORESAID IMPROVEMENTS

AND TO MAKE CERTAIN THAT ANY IMPROVEMENTS IN THE WATERS DO

NOT RENDER THE NAVIGATION TOO CLOSE AND CONFINED.

(23A) [To] THE MUNICIPAL CORPORATION MAY provide for

the creation [and appointment], APPOINTMENT, DUTIES, AND

POWERS of a board of port wardens to exercise jurisdiction
within the limits of the municipal corporation.

[(i) The wardens, or a majority of them, may
determine and regulate all matters relating to the erection
or building of wharves and mooring buoys or flotation
wharves in the port, so far as respects the distance
wharves, mooring buoys or floating wharves may be extended

into the water, and the materials of which they shall be

constructed, and the manner and form of construction. The
wardens shall always consider the preservation of the
navigation of the port by not permitting any wharf mooring
buoys or floating wharf to be carried out in such a manner
as to render the navigation of the port too close and

confined or to be built of such materials or constructed in

such a manner as may be deemed not sufficiently substantial
and lasting.]

(I) A BOARD OF PORT WARDENS MAY REGULATE THE
PLACEMENT, ERECTION, OR CONSTRUCTION OF STRUCTURES OR OTHER
BARRIERS WITHIN OR ON THE WATERS OF THE MUNICIPALITY,
INCLUDING BUT NOT LIMITED TO THE ISSUING OF LICENSES TO
CREATE OR BUILD WHARVES OR PIERS AND THE ISSUING OF PERMITS
FOR MOORING PILES, FLOATING WHARVES, BUOYS, OR ANCHORS,
TAKING INTO EFFECT ACCOUNT THE PRESENT AND PROPOSED USES,
AND THE EFFECT OF PRESENT AND PROPOSED USES ON MARINE LIFE,

WILD LIFE, CONSERVATION, WATER POLLUTION. EROSION,

NAVIGATIONAL HAZARDS, THE EFFECT OF THE PROPOSED USE ON

CONGESTION WITHIN THE WATERS, THE EFFECT ON OTHER RIPARIAN
PROPERTY OWNERS, AND THE PRESENT AND PROJECTED NEEDS FOR ANY
PROPOSED COMMERCIAL OR INDUSTRIAL USE. THE PORT WARDENS

SHALL HAVE__THE POWER TO REGULATE THE MATERIALS AND

CONSTRUCTION FOR THE AFORESAID IMPROVEMENTS AND TO MAKE

CERTAIN THAT ANY IMPROVEMENTS IN THE WATERS WITHIN THE

MUNICIPALITY__DO NOT RENDER THE NAVIGATION TOO CLOSE AND

CONFINED. THIS PROVISION IN NO WAY INTENDS TO AFFECT OR

CONFLICT WITH ANY ZONING POWER OF A MUNICIPALITY.

(ii) No person may build any wharf OR PIER, or

carry out any earth or other material for the purpose of

building a wharf OR PIER, nor shall any persons place or

erect__mooring [buoys or floating piers] PILES, FLOATING

WHARVES, BUOYS, OR ANCHORS without a license OR PERMIT from
the port wardens. If any person violates the provisions of
this section, or if any person builds any wharf OR PIER a
greater distance into the waters of the port, or in a
different form, or of different materials than determined
and allowed by the wardens, he is subject to a fine as