Here are the rules:
Saf-C 404.08 Swim Lines.
(a) No person shall operate a boat within any permitted swim line on any public body of water.
(b) No person shall put or place a swim line in the public waters of any public body of water without prior written approval of the director.
(c) An application for a swim line permit, DSSS 41, shall be submitted to the director by the shore front property owner, or a duly authorized agent.
(d) The following shall be submitted on the application for a swim line permit, DSSS 41:
(1) Name, address and telephone number of the property owner;
(2) Name, address and telephone number of the authorized agent for the property owner, if applicable;
(3) Address of shore front propertty;
(4) Name of the body of water;
(5) Lot number and tax map number of the shore front property;
(6) Name and address of abutters;
(7) Type of swim area, such as:
a. Private or individual swim area;
b. Town or state owned swim area;
c. Private group or association swim area; and
(8) If a waiver is requested, a statement of need with description of water depth and distance from shore.
(e) An application for a swim permit, DSSS 41, shall be signed and dated by the property owner or duly authorized agent.
(f) A diagram of the swim area shall be attached to the application for a swim permit, DSSS 41.
(g) The diagram referenced in (f) above shall:
(1) Be accurate in relation to north and shall contain the following:
a. Shore line and property line of applicant in feet;
b. Proposed location and length of swim lines;
c. Water depth in feet at furthest point of swim line;
d. Locations, dimensions and distance in feet to moorings, docks, or swim rafts located off the applicant’s shore frontage; and
e. Abutter’s shore frontages, and location, dimensions and distance in feet, to moorings, docks, swim rafts or swim lines, located within 200 feet of applicant’s shore frontage.
(h) No swim line shall be approved which:
(1) In the opinion of the director constitutes a hazard or obstruction to navigation;
(2) Is placed closer than 20 feet from abutter property lines;
(3) Has an open-sided configuration which would permit boats to enter the swim area;
(4) Extends into the water beyond the point where the depth of water exceeds 6 feet or for a distance from shore of 50 feet, whichever occurs first; or
(5) Diminishes the residential, recreational or scenic value of the public water in light of the competing uses for the enjoyment of the public water.
(i) Written requests for a waiver of the restrictions imposed in paragraph (i) above shall be submitted to the director on the application form, DSSS 41. The reason the request is submitted detailing specific water depth and distance from shore shall be included.
(j) After receipt of a request for a waiver in conformance with (j) above, the director shall conduct a visual inspection of the proposed swim line site. A waiver shall be granted if the director determines that the proposed swim line does not constitute a hazard or obstruction to navigation and the granting of a swim line does not diminish the residential, recreational and scenic values that the public water provides to all users of the water. The conditions of the waiver shall appear on the swim line permit when issued.
(k) A swim line permit shall be issued on an annual basis.
Source. #2351, eff 4-25-83; ss by #3010, eff 5-2-85; ss by #4562, eff 1-3-89; ss by #5862, eff 7-1-94; renumbered by #6005, eff 3-24-95 (formerly Saf-C 404.28), EXPIRED: 7-1-00
New. #7798, eff 12-3-02; ss by #8172, eff 9-21-04
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