Leave a boat, canoe, kayak or paddleboat near water in Bourne? It may be removed

BOURNE — Unattended watercraft could soon be cleared from Bourne beaches, marinas and other public shorelines much more quickly and easily, thanks to a rule change.

Abandoned craft have plagued public and private marinas for years, said Shore and Harbor Committee member B. Paul Bushueff, at a March 6 meeting. He said some owners are encountering all kinds of difficulties. Others, he added, are “just moochers.”

The Shore and Harbor Committee unanimously approved an amendment to the waterways regulations, adding town marina facilities and beaches to the areas where abandoned moorings or craft are deliberately anchored, sunk or otherwise placed in the water or along town-owned shores.

Craft, such as skiffs, canoes, kayaks and paddleboats, would be deemed unattended and constitute a hazard and be removed via the Harbormaster Chris Southwood's written permission. The waterways amendment would not, however, involve boats in a maritime emergency, affecting those aboard or in the immediate vicinity.

Southwood said dealing with abandoned items has become an everyday experience.

“Over the past five years, harbor patrol has noted a marked increase with property owners, tenants and guests placing small craft of all types along the high-water line so as to provide easy access to the water,” he said March 6. “This has prompted the use of all-terrain vehicles and ‘Quads’ on the beaches.”

Boating traffic in the Cape Cod Canal near the Bourne Bridge, in 2021
Boating traffic in the Cape Cod Canal near the Bourne Bridge, in 2021

When can Bourne take your watercraft?

Southwood says there are some shoreline locations at which the move to deal more directly with abandoned craft would not apply; notably, Fisher family land at Cape Cod Bay where property lines extend to the mean-low-water line.

For the rest of the shoreline at Sagamore Beach, he said, the town owns from the mean-low-tide line up to the seaward side of private property.

“We have noted more small craft being stored above the high-water line but apparently not far enough up to be on private property,” he said. “The numbers increase each year as people seem to copy what their neighbor does.”

The amendment grants Southwood more authority to demand and order vessel removal; the failure of which could lead to the craft being taken by the town into its care, legal custody and suitable storage. Size does not matter.

You'll now require a permit.

Updated water access rules call for permits. Without them, watercraft “placed on any town-owned waterfront property and not removed will be prohibited and the vessel legally considered abandoned,” the amendment notes.

Any vessel declared to be abandoned will have to be removed or relocated within 24 hours of written notice to the owner of record and a town hall posting at Perry Avenue in Buzzards Bay. Short of corrective action, Southwood says, the craft may be moved by the harbormaster at the owner’s expense.

This extends to a growing request for moorings at the Sagamore Beach basin north of the Cape Cod Canal's east end.

“We’ve begun to see new applicants requesting their mooring being placed in a location convenient to their property even if it’s not at the waterfront,” Southwood said. “The obvious issue is private property being left overnight and possibly for the season on town property. When the storms come, the items are kicked off (the beach).”

What happens when a boat or other watercraft is deemed abandoned?

Here is an example: an unauthorized dinghy at a town dinghy dock requires a permit.

The town will try to identify an owner, Southwood said in a March 12 email.

If town is unable to contact the owner, a waterways notice is issued, giving the boat owner 48 hours to remove the vessel.

If not removed, the town will remove and store the vessel in a secure location,” he said.

Then, if the owner contacts the town, there will be a $50 fee associated with re-claiming the item.

“Otherwise after the appropriate amount of time has passed, it will be placed in a town auction,” the harbormaster said.

The abandonment revision, meanwhile, goes to Town Counsel Bryan Bertram’s review before returning to the advisory shore and harbor panel and ultimately Select Board scrutiny.

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This article originally appeared on Cape Cod Times: Boating in Bourne? Know when the town considers your vessel abandoned.

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