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LAW GUARANTEES RIGHT TO ANCHOR OUT

As public access to marinas and docking areas continues to diminish due to privatization, local municipalities have exacerbated the problem through passage of restrictive local anchoring ordinances. Some of the more contentious areas recently are Miami and Marco Island which have passed local ordinances with restrictions on boaters rights to anchor as well as establishing limits on time at anchor.  In July of 2006 Governor Bush signed House Bill 7175, placing in effect several elements that define a boaters rights and limit’s the ability of municipalities to place restrictions on anchoring.  Since the bill voids many of the municipalities ordinances and  places a new and finite definition of “live aboard” I thought it would be a good idea to make sure all of our local boaters knew of their newly defined rights.  Further, while the bill voids municipality ordinances, the bill also assures municipality control within defined mooring fields.  Since mooring fields are a current subject of interest within Charlotte Harbor it is useful to understand those implications also.

House Bill 7175 specifically states “ nothing contained in the provisions of this section shall be construed to prohibit local governmental authorities from the enactment or enforcement of regulations which prohibit or restrict the mooring or anchoring of floating structures or live-aboard vessels within their jurisdictions or of any vessels within the marked boundaries of mooring fields permitted as provided in s. 327.40.  However local governmental authorities are prohibited from regulating the anchoring outside of such mooring fields of non live aboard vessels in navigation”.

Putting aside the language of legalese, this translates to: except within the boundaries of legally permitted mooring fields, municipalities have no authority to regulate where a cruising vessel anchors or for how long they anchor.  The exception is if the municipality can prove the vessel is a live-aboard or the vessel is used solely for business purposes.  A knowledgeable boater need simply define himself as “ a full time cruiser” to place himself outside the Florida State definition of a live-aboard.  Florida Statute 327.02 defines live-aboard as “a) any vessel used solely as a residence b) any vessel represented as a place of business. A professional or commercial enterprise or a legal residence. A commercial fishing boat is expressly excluded from the term live-aboard vessel.  This means that it does not matter how many days you spend at anchor, how large your vessel is, If you have a full galley or how many state rooms you may have.  If you use your boat for transportation or any number of recreational purposes it doesn’t matter how many days you live on it; it is not a live-aboard unless you say so and declare it your sole residence.  To emphasize this the Attorney General in opinion 85-45 stated “ it would appear that the plain statutory  language of s. 327.60  (2) and the common law inclusion of rights of anchorage as an element of the exercise of rights of navigation compel the conclusion that a municipality is prohibited from regulating the anchorage of non live-aboard vessels when such anchorage is incident to the rights of navigation”.

It is important for boaters to know that it is up to the vessel owner to define whether or not their boat is a live-aboard, not a local municipality.  No locality may define a boat exercising it’s rights of navigation as a live-aboard by placing an arbitrary time limit on the number of days at anchor, such as Miami has done in the past.  A locality may also not establish set back requirements from sea walls, docks or homes as Marco Island has done in the past.  Any restricted anchoring must be permitted and marked by approved signage or buoys, as required by Florida Statute. These restricted anchorage areas must be established after consultation with Florida Fish and Wildlife Conservation Commission ( FWCC) and the U.S. Coast Guard to insure that these restrictions comply with State and Federal regulations. Localities are further restricted from placing regulatory markers in, on , or over the waters of the State or it’s shores without a permit from the State.

In summary, as  of July ,2006 no one  has the right to limit your ability to anchor regardless of your boats size, facilities or number of days at anchor except within the boundaries of a properly permitted and defined mooring field. Proximity to a dock , sea wall or home cannot be restricted by a municipality without permission of the State and Federal Government and those restrictions need to be posted on a sign also approved by those same agencies.  As long as you are a “ long term cruiser” and are either transporting your boat or using it for any form of recreation no locality may restrict or limit your right to anchor. If needed, you can quote chapter and verse from House Bill 7175. If you think you have a locality that has anchoring restrictions that are in conflict with State Law you can contact the National Marine Manufacturers Association ( NMMA) and their Attorney will contact that locality and advise them of the conflict.

Municipalities or locations that desire to restrict anchoring may do so only through permitting with the State and Federal Government.  The establishment of a mooring field will enable a municipality to restrict anchoring within that fields boundaries.  This is further incentive to establish mooring fields along the Charlotte Harbor waterfront as it provides the City and County with a manner to control anchoring. 

Hopefully this recent legislation will clear the air and give long term cruisers a little more freedom to enjoy the waters. At the same time it may serve as incentive to localities to establish and define mooring fields.

Sun Herald Waterline Article by Bill Hempel. 9-21-2006
Assistant Safety Officer U S Power Squadron, Peace River

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