Is it legal for the town to do this? Massachusetts Town 2, different matter

[quincy]

Thank you for the feedback first of all, I guess I didn't convey well enough that the fee is a single fee to access ALL boat ramps in town EVERY RAMP.

Well, at least the single fee for ALL ramps in town is better than a separate fee for EACH ramp.

There might be ramps outside your town that you can use to access the water and, while I am sure that would not be as convenient for you, it is a choice you could make if you want to save paying a ramp fee.

Shell fishing is regulated by the individual towns in Massachusetts, though, and I understand that some Harbor Use permits are required for certain commercial activities in some areas. I suggest you can take up the issue of ramp fees with your Board of Selectmen to see if fees can be reduced or waived. I don't know what sort of success you will have.

Good luck.

 

[Tire]

The question you asked was, "Is it legal?"

The answer is: yes. Towns are allowed to charge fees for using all sorts of things, including public boat ramps. Whether you view it as a fee or a tax, you had representation in the form of your board of selectmen.

If you are dissatisfied with the job that your representatives are doing, then make sure to be more vocal, and vote in people you find to be more satisfactory.

P.S. I live next to a public boat ramp. And near a private boat ramp.

I guess I'll further clarify my logic here. The town is instituting a water user fee, the commonwealth of MA owns all waters and the public has the right to use it. The town is charging all boat owners a per boat fee, boats at marinas, boats in your yard, etc. This to me is a flat rate excise tax as the town does not invest money in improving the water, they did not pay for it so how can they defray the cost of it?

Presumably you could argue that channel markers, docks, etc are costs to improve the water use, however people who don't live in the town can trailer here and enjoy these provisions without paying the fee. Alternately people from adjacent towns pass through town waters daily and enjoy these features free of charge as well.

Residents will be paying a "fee" for something that the rest of the public enjoys free of charge.

 

[quincy]

I guess I'll further clarify my logic here. The town is instituting a water user fee, the commonwealth of MA owns all waters and the public has the right to use it. The town is charging all boat owners a per boat fee, boats at marinas, boats in your yard, etc. This to me is a flat rate excise tax as the town does not invest money in improving the water, they did not pay for it so how can they defray the cost of it?

Presumably you could argue that channel markers, docks, etc are costs to improve the water use, however people who don't live in the town can trailer here and enjoy these provisions without paying the fee. Alternately people from adjacent towns pass through town waters daily and enjoy these features free of charge as well.

Residents will be paying a "fee" for something that the rest of the public enjoys free of charge.

I suggest you do one of two things (or you can do both): One, take this up with your Board of Selectmen. Have them explain to you the purpose of the fees. There probably is a reason behind the charging them. Two, make use of the access ramps in adjacent towns so you, too, can pass through town waters daily and enjoy these features free of charge.

Without knowing the reason behind the fees, it is impossible to tell you if what your town is doing is illegal. Based on what you have posted so far, it does not seem likely (although you are now adding new information not previously provided, for some reason, so additional facts may change the legality).

Whatever the case, because Massachusetts has given the regulating of fishing and water access to the towns of Massachusetts, you will need to find out the purpose of the fees before you argue them with your Town officials.