Classification of shellfish growing waters with respect to marinas, docking facilities, and other mooring areas shall be done in accordance with the following:

(1)           All waters within the immediate vicinity of a marina shall be classified as prohibited to the harvesting of shellfish for human consumption.  Excluded from this classification are marinas with less than 30 slips, having no boats over 24 feet in length, no boats with heads and no boats with cabins.  Marinas permitted prior to the effective date of this Rule may continue to have boats up to 21 feet in length with cabins and not be subject to the mandatory water classification of prohibited in the immediate vicinity of the marina.

(2)           Owners of marinas conforming to the exclusion provisions in Item (1) of this Rule shall make quarterly reports to the Division.  These reports shall include the following information:

(a)           number of slips;

(b)           number and length of boats;

(c)           number and length of boats with cabins;

(d)           number of boats with heads; and

(e)           number of boats with "porta‑potties."

Reports to the Division shall cover the occupancy of the marina on the fifth day of the first month of each quarter of the calendar year and shall be post marked on or before the fifteenth day of the reporting month.

(3)           The minimum requirement for the prohibited area beyond the marina shall be based on the number of slips and the type of marina (open or closed system).  The prohibited area shall extend beyond the marina from all boat slips, docks, and docking facilities, according to the following:


Number of Slips in Marina                                                Size of Prohibited Area (Feet)

Open System                        Closed System


11 ‑  25                                                  100                                         200

26 ‑  50                                                  150                                         275

51 ‑  75                                                  175                                         325

76 ‑ 100                                                 200                                         400


Open system marinas exceeding 100 slips shall require an additional 25 feet for each 25 slips or portion thereof over 100.  A closed system marina shall require 50 feet for each 25 slips or portion thereof over 100.  Closed system private or residential marinas with more than 75 slips shall require a prohibited area of the number of feet determined above, or 100 feet outside the entrance canal, whichever is greater.  Closed system commercial marinas with more than 50 slips shall require a prohibited area of the number of feet determined above, or 100 feet outside the entrance canal, whichever is greater.

(4)           After a marina is put in use water quality impacts of marina facilities may require a change in classification.  In determining if a change in classification is necessary, marina design, marina usage, dilution, dispersion, bacteriological, hydrographic, meteorological, and chemical factors will be considered.

(5)           Areas, other than marinas, where boats are moored or docked may be considered on a case‑by‑case basis with respect to sanitary significance relative to actual or potential contamination and classification shall be made as necessary.

(6)           The cumulative impacts of multiple marinas, entrance canals, or other mooring areas, in close proximity to each other are expected to adversely affect public trust waters.  When these situations occur the Division will recommend closures exceeding those outlined in Item (3) of this Rule.  The following guides will be used in determining close proximity:

(a)           marina entrance canals within 225 feet of each other;

(b)           open system marinas within 450 feet of each other (Mooring areas shall be considered open system marinas);

(c)           where closure areas meet or overlap; and

(d)           open system marinas within 300 feet of a marina entrance canal.


History Note:        Authority G.S. 130A‑230;

Eff. June 1, 1989;

Amended Eff. July 1, 1993.