Title 9 Part 448

It does not include the water area adjacent to a bathing beach that is owned or maintained by an individual for the use of family or friends.

Prior to establishing a lateral system of marking on any waterway, a base or outlet and a source or head of navigation shall be first established thereon. Upon waters which have no singular inlet or outlet, arbitrary assumptions may be made to establish one location as the base or outlet and another as the source or head of navigation.

When proceeding from the base or outlet towards the source or head of navigation, red navigation aids shall mark the starboard or right side of the channel, and boats proceeding towards the head of navigation shall keep such aids on their starboard or right side. All such navigation aids shall conform to the following general specifications:

Signal red.

Starting at the base or outlet and ending at the head or inlet, even-numbered buoys only shall be used to mark the right or starboard side of the channel, and from such starting point shall advance in even numerical progression to the source or head of navigation. Numbering requirements shall be at the discretion of the commissioner.

Red flashing lights may be installed and shall conform to light characteristics as specified by the commissioner depending upon the location of the navigation aid. Unlighted aids shall be equipped with red reflective material on the uppermost part of the aid. The type and extent of reflective material must be approved by the commissioner.

Spar, conical (nun), pillar or structural shapes may be used.

Types of construction shall be approved on an individual basis considering the location of the aid and other factors.

When proceeding from the base or outlet towards the source or head of navigation, green navigation aids shall mark the port or left side of the channel, and boats proceeding toward the head of navigation shall keep such aids on their port or left side. All such navigation aids shall conform to the following specifications:

Green.

Starting at the base or outlet and ending at the head or inlet, odd-numbered buoys only shall be used to mark the left or port side of the channel, and from such starting point shall advance in odd numerical progression to the source or head of navigation. Numbering requirements shall be at the discretion of the commissioner.

Flashing green lights may be installed and shall conform to light characteristics as specified by the commissioner depending upon the location of the navigation aid. Unlighted aids shall be equipped with green reflective material on the uppermost part of the aid. The type and extent of reflective material must be approved by the commissioner.

Spar, can, pillar or structural shapes may be used.

Types of construction shall be approved on an individual basis considering the location of the aid and other factors.

The State navigation aid system may be further supplemented by the use of aids included in the Federal lateral system, such as midchannel and junction buoys. When such additional aids are used, they shall have the same significance as established in the Federal lateral system of buoyage. Aids placed on navigable waters of the United States shall be in accord with current Federal regulations.

A general obstruction marker shall have no lateral significance and may be used in place of, or in addition to, the aids in the lateral system. This aid may be used to mark obstructions projecting from shore or wherever found in otherwise navigable waters. When this aid is located near shore, boats shall not pass between the aid and the shore. One or more aids shall be used to mark obstructions which are not in close proximity to shore, or where navigable channels exist between the obstruction and the shore, depending upon the size and character of the obstruction. In every case, there shall be a sufficient number of aids installed to accurately indicate the extent of the obstruction. Boats shall stay clear of areas in which these aids are installed, and shall not pass between such navigation aids when they are located close together. General obstruction markers shall conform to the following specifications:

Can, at least 1 ½ feet from waterline to top of buoy if floating, or if can is fixed on a stanchion, it must be at least one foot in height.

The upper one fourth of the aid and the lower one fourth of the aid shall be international orange in color. The bottom stripe of orange shall show at least three inches above the waterline. The center section shall be white.

Flashing white lights may be installed and shall conform to light characteristics as specified by the commissioner, depending upon the location of the navigation aid and other factors. Unlighted aids shall be equipped with orange reflective material on the uppermost part of the aid. The type and extent of reflective material must be approved by the commissioner.

In the center of the white section, equally spaced, on not less than two sides of the buoy, there shall be a symbol in the shape of a diamond, to be of a good proportion and to cover an area of at least three fourths of the height of the white section. The symbol shall be at least one inch in thickness and painted international orange in color and, in the center thereof, running horizontally, there shall be printed in block form the word DANGER. The letters shall be black in color, and of good proportion in relation to the size of the symbol.

Since this aid has no lateral significance, no numbering is permitted. However, a letter, or a combination of letters may be used to identify the location of the aid on a chart.

Types of construction shall be approved on an individual basis, considering the location of the aid and other factors.

Spar or cylindrical, at least 1 ½ feet from waterline to top of buoy if floating, or if spar or cylinder is fixed on a stanchion, it must be at least one foot in height and the bottom of the shape at least three feet above the waterline.

White with two-inch wide horizontal international orange stripes showing six inches of white in between such orange stripes, and showing at least two of such stripes above the waterline.

Lighting and/or reflective material shall conform to the rules and regulations for general obstruction markers, paragraph (e)(3) of this section.

No symbol is required, but if a symbol is used it shall conform to the rules and regulations for general obstruction markers, paragraph (e)(4) of this section.

Same as general obstruction markers, paragraph (e)(5) of this section.

Same as general obstruction markers, paragraph (e)(6) of this section.

The offshore limits of an area shall be marked with lighted buoys and shall mark the exact location indicated in the permit. The shore limits of the area may also be marked with lighted markers placed on stanchions which are higher than the offshore markers. In each case, buoys marking such areas shall meet the following specifications:

White.

None—each buoy shall be lettered “SPECIAL ANCHORAGE AREA”, in block form of good proportion and colored black. The lettering shall be on two sides of the buoy.

White flashing lights shall be installed and must conform to specifications made by the commissioner depending upon location and other factors.

Can.

Types of construction shall be approved on an individual basis, considering the location and other factors. However, all buoys must be so designed that the light will be at least three feet above the waterline.

Moorings may be placed within the limits of a special anchorage area in such a manner so as to allow each moored vessel to swing free with wind or current, and with enough clearance to avoid contact with any other moored vessel. At no time may a vessel or part thereof extend outside the limits of the anchorage area. Vessels of less than 65 feet in length when anchored in a special anchorage area are not required to display anchor lights at night.

The commissioner has discretion to authorize, through the issuance of a revocable permit, the placing in the navigable waters of the State, mooring buoys, bathing beach markers, swimming floats, speed zone markers, or any other floating object having no navigational significance, if, in his or her opinion, the placing of such floating object will not be a hazard to navigation. The commissioner has discretion to require that the floating objects be placed according to any one of the methods the commissioner chooses that are outlined in section 274.5 of this Title. Any person who may desire to place such floating objects at his or her own cost and expense can make application, therefore, to the commissioner and submit a map suitable for reproduction showing the proposed location of such floating objects with their color and meaning. Only after authorization has been granted and in accordance therewith may such floating objects be lawfully placed. If, in the judgment of the commissioner, floating objects authorized to be placed are found to be improperly placed or that the reason for their placement no longer exists or that such objects have become a hazard to navigation, the permit may be revoked and the person may be directed to remove the floating objects within a specified time. In case of failure by the person so directed to remove the floating objects within the specified time, the commissioner may cause their removal. The cost and expense of such removal shall be a charge against the person authorized to place the floating objects and the commissioner may bring any action or proceeding against such person to recover the cost of removal of such floating objects. Each floating object lawfully placed shall bear in a conspicuous place and in legible condition the State parks and recreation floating object decal issued by the commissioner. All floating objects shall conform to the specifications contained herein.

All mooring buoys shall meet the following minimum specifications:

At least one cubic foot of buoy to be above the waterline.

Any.

Any light self buoyant material.

None required. However, every buoy must be equipped with a one-inch strip of reflector tape all around the upper part.

All white with a one-inch blue stripe all around the buoy horizontally, above the waterline.

Adjacent upland owners may place one mooring buoy and one swimming float of not more than 100 square feet of surface area in the waters adjacent to and within the boundaries of their shoreline, provided, however, that no floating object and no vessel or part thereof which is secured to a mooring buoy shall at any time extend more than 100 feet from shore and further provided that no floating object may be placed in a navigable channel or in any location in which it will interfere with free and safe navigation or free access to another person's property. The commissioner shall have the right to remove or alter the location of any such buoy or float in the interest of navigation.

The commissioner may authorize the placing of special markers in the navigable waters of the State through the issuance of revocable permits as provided in section 448.4 of this Part.

All special markers shall conform to the following general specifications:

Can, at least one and one-half feet from waterline to top of buoy if floating, if fixed on a stanchion, the can must be at least one foot in length and diameter and the bottom of the can shall be not less than three feet above the waterline.

Upper one fourth of the marker and the lower one fourth of the marker shall be international orange in color. The bottom stripe of orange shall show at least three inches above the waterline. The center section shall be white.

Fixed white lights may be installed and shall conform to light characteristics as specified by the commissioner depending upon the location of the marker and other factors. Unlighted markers shall be equipped with orange reflective material on the uppermost part of the aid. The type and extent of reflective material must be approved by the commissioner.

A letter of the alphabet or a combination of letters may be used to identify the location of a special marker on a chart. Such letter or combination of letters may be placed on the white section of the buoy.

Types of construction shall be approved on an individual basis considering the location of the marker and other factors. However, all floating markers shall be of light materials which are entirely self buoyant.

All symbols shall be in the center of the white section, equally spaced, on not less than two sides of the marker. The symbol shall cover an area of at least three-fourths of the height of the white section. The symbol shall be at least one inch thick and international orange in color. All lettering on the marker shall be black in color and in block form, running horizontally and shall be of good proportion in relation to the size of the symbol.

Shall be used to indicate the existence of regulation, control or zoning which is authorized by law or duly promulgated rules and regulations. Words may be placed within the symbol to further define its significance and such words shall be specified by the commissioner depending upon the location and use of the marker.

Shall be used to convey useful information which has no navigational significance or bearing upon the regulation or control of boats. Words may be placed within the symbol to further define its significance and such words shall be specified by the commissioner depending upon the location and use of the marker.

All signs placed on shore which shall prohibit, zone, control or regulate navigation shall display the same color, symbol and lettering in good proportion as required on special marker buoys of the same significance.

A violation of this Part shall constitute an offense punishable by a fine of not to exceed $50.