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H 907

An Act relative to DCR yacht club fees reflecting waterway access

194th Legislature (2025-2026) Introduced by Tackey Chan

Transforms underwater-land leases for nonprofit yacht clubs to align fees with actual water access, requiring navigable channels, berthing areas, and water access upkeep.

Accompanied a study order, see H5149
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Bill Summary · H 907

Summary of H 907: An Act relative to DCR yacht club fees reflecting waterway access

Overview

  • Bill number: H 907
  • Title: An Act relative to DCR yacht club fees reflecting waterway access
  • Introduced: February 27, 2025
  • Status: Hearing scheduled for July 1, 2025, from 1:00 PM to 5:00 PM in committee room A-1
  • Sponsorship: Representative Tackey Chan (2nd Norfolk)
  • Referred to: Committee on Environment and Natural Resources; Senate concurred on 2/27/2025
  • Related bill: HD 2099 (replaces)

Purpose and intent

The bill seeks to modify the leasing and management framework for land under water used by non-profit yacht clubs and other non-profit boating programs. It emphasizes ensuring navigable waterways, berthing/mooring areas, and water-dependent uses are considered in leasing, maintenance, and access arrangements, with a view toward aligning lease terms and fees with actual waterway access and infrastructure.

Key provisions (section-by-section)

  • Section 1 (amendment to Chapter 65, §1):

    • Requires the parcel survey for lease areas to include navigable channels and berthing/mooring areas on the water sheet.
    • Mandates the survey establish a schedule for maintenance of navigable waters from each boating facility.
  • Section 2 (amendment to Chapter 65, §2):

    • The Commissioner of Capital Asset Management and Maintenance and the Commissioner of Conservation and Recreation shall manage, operate, improve, repair, and maintain the land under water for the lease term.
    • Purposes include:
    • Recreational boating waterside access
    • Protection of navigable waterways and channels
  • Section 3 (amendment to Section 2):

    • Adds a condition after the description of yacht/boating facilities in section 1: the lessee must have adequate access to navigable waters for recreational boating and mooring, and there must be capacity for water-dependent uses.
  • Section 4 (effective date):

    • Takes effect upon passage.

Who is affected

  • State agencies: Department of Conservation and Recreation (DCR) and the Commissioner of Capital Asset Management and Maintenance (and related office), with expanded responsibilities over underwater land management and maintenance.
  • Non-profit yacht clubs and other non-profit organizations operating boating programs: subject to revised lease terms that consider waterway access, navigable channels, and mooring areas; potential changes to fees to reflect waterway access.
  • General public and stakeholders relying on navigable waterways and berthing/mooring infrastructure: impacted by maintained access and improved waterway protection.

Procedural and timeline context

  • Senate concurrence occurred on February 27, 2025, the same day the bill was referred to the Environment and Natural Resources Committee.
  • A hearing is scheduled for July 1, 2025, in room A-1 (1:00 PM–5:00 PM), providing an opportunity to discuss the bill's provisions and potential amendments.
  • The act would take effect upon passage.

Potential impacts and notes

  • The bill formalizes requirements for surveys to map navigable channels and berthing areas, linking maintenance planning to actual water features.
  • It elevates state oversight of underwater land management for leased boating facilities, potentially influencing long-term lease terms and maintenance responsibilities.
  • By conditioning leases on adequate water access and capacity for water-dependent uses, it aims to ensure that lessees can operate effectively and that public waterway access is preserved.
  • Specific fee structures are not defined in the text provided; the title suggests fees reflecting waterway access, but the bill text focuses on access, maintenance, and management considerations.

Compiled from official sources — confirm details with the bill’s official record.

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