Attorney General Ruling Overturns Halifax Watercraft Restrictions on Local Ponds
State authority over "great ponds" cited as reason for disapproving bylaw, while town also begins beach parking enforcement and faces MBTA compliance deadline.
HALIFAX - July 22 - The Massachusetts Attorney General's office has disapproved Halifax's recent bylaw restricting personal watercraft use on local ponds, citing exclusive state authority over bodies of water larger than 20 acres.
Interim Town Administrator Robert Fennessy announced the six-page decision during Tuesday's Board of Selectmen meeting, explaining that ponds over 20 acres in surface water are considered "great ponds" by the state. "The only authority over great ponds is the Commonwealth of Massachusetts," Fennessy said. "Cities and towns, this town, any town in the Commonwealth, cannot put restrictions on the use of that. Only the state can do that."
The ruling not only struck down the bylaw passed at the most recent town meeting but also found that two amendments to watercraft regulations from 1997 and 1998 are "likely unenforceable." Those earlier amendments, which the Attorney General's office had previously approved, addressed evening use of boating and speed limits.
"They say they regret that because they shouldn't have been approved," Fennessy explained. "Because again, they're great ponds. And maybe they didn't pick up at that time that they were great ponds."
Fennessy indicated that appealing the decision would be futile, noting that the Attorney General's office had already spent months reviewing the matter before reaching its conclusion.
Meanwhile, Halifax has begun enforcing beach parking regulations with a new parking attendant who started work over the weekend. The enforcement aims to ensure permitted use of local beach areas, according to town officials.
The town also faces ongoing challenges with MBTA compliance requirements. Halifax remains one of only three municipalities in the state that have not met at least interim compliance standards, despite a July 15 deadline that has now been extended to Dec. 31.
"In June of this year, there were 28 towns, cities and towns that were not in compliance," Fennessy reported. "On July 15th, by July 15th, only three towns remained in non-compliance. We're one of them." According to EOHLC, Marshfield and Middleton are the other two towns.
The state has moved the deadline back multiple times, with this marking the third extension. Halifax has filed a lawsuit challenging the MBTA requirements, which is currently pending in Plymouth Superior Court. The state has filed a motion to dismiss the case, while the town's legal counsel has filed an opposition.
"Town counsel is keeping us informed of what's happening," Fennessy said. "But it's one of those things that I think early on, a lot of towns, cities and towns, this is an unfunded mandate."
The interim TA noted that non-compliance could result in the loss of state grant eligibility, creating a difficult decision between "complying with the law or losing that state money."
In other business, the Board of Selectmen welcomed Ted Haworth as a new member of the Conservation Commission. Haworth, a Vietnam War veteran and master gardener, expressed his commitment to environmental conservation without the use of chemicals and his interest in growing native plants.
"I've always been interested in conservation as not only does it include land, but it's the air, the water, it's everything included," Haworth said during his appointment interview.
Board members praised Haworth's qualifications and commitment to continuing education in his field. His appointment runs through June 30, 2028.
The board also approved a contract with Tithe and Bond for PFAS monitoring at the town's capped landfill on Hemlock Lane. The monitoring, required twice yearly by state regulations, tests for microscopic plastic elements in water around the former municipal landfill site.
"It's not an optional thing," Fennessy explained. "It's something we have to do."
Fennessy, who is serving as interim administrator while the town searches for a permanent replacement, provided his first official update to the board. He reported positive early experiences working with town staff and department heads.
"I feel very fortunate to be here and hope to be here up until you do hire a permanent person," Fennessy said. "I'm committed to that."
The interim administrator highlighted several upcoming initiatives, including meetings with the energy manager about potential federal and state grants, and a joint meeting between the recreation department and school district regarding gymnasium use.
In staffing news, the Assessor's Office has hired Arlanna Snow, a former town employee, to fill a part-time position.
Board Chair Jonathan Selig noted that the town has received several applications for the permanent town administrator position. A screening committee plans to conduct interviews during the first week of August, with potential finalists possibly presenting to the board in mid-August.