§ 8-5. Granting, denying or limiting mooring permits.

A. 

In granting, denying or limiting any mooring permit, the Division of Environmental Protection shall consider: navigation, public access to water-dependent recreational activities, shellfishing and other natural resources, public health and welfare, the potential impact of the mooring on the access of the waterway by local waterfront property owners, and access to the mooring from the adjacent upland or shoreline.

B. 

The Division of Environmental Protection shall give preference to those mooring applications which are:

(1) 

For the sole use of a property owner lessee of nearby waterfront property; or

(2) 

For sole use of residents of the Town of Brookhaven or for the sole use of a locally based property owner's association, yacht club or the like;

(3) 

For proposed locations outside of certified shellfishing areas; and

(4) 

For proposed locations which are outside of normal navigational lanes.