Florida Private Moorings

[Captain Bill]

The information I provided is from the 80s and no doubt some things have changed. I know someone who has a mooring near dragon point in Indian Harbor beach Florida which is not permitted. He has a classic 3 anchor mooring with a mooring ball. When he is questioned by the FWC about it he claims the ball is an anchor ball and if they want to see it he can pull up the three anchors and show that he is in fact anchored on a clearly recognized anchor. The FWC challenged him on it and he asked them where in the law that permits anchoring does it say on can only be attached to one anchor. It doesn't so the cops went away and left him alone.

[denverd0n]

Originally Posted by skipmac

...my conclusion was don't ask, don't tell, set one where you don't block anyone or attract attention and no one would care...

My guess would be that at least 90% of the permanent moorings in Florida are of the "don't ask, don't tell" variety. And I wouldn't be surprised if it was closer to 100%!

[john61ct]

To avoid confusion

an anchoring / mooring that is "not permitted"

should be referred to as "does not have a permit"

In this case

Originally Posted by Captain Bill

he asked them where in the law that permits anchoring does it say on can only be attached to one anchor. It doesn't so the cops went away and left him alone.

the authorities did allow the mooring, i.e. they did permit it to remain.

Also note as long as you can retrieve it and move it elsewhere, the question as to how "permanent" a mooring it is could be argued.

[Outlaw7]

rom what I gather from this article a permanent mooring is affixed to the bottom such as to make it a structure. Looks like two or three big anchors and a float is not a permanent mooring and needs no permit.
On behalf of Malka & Kravitz, P.A. - Your Construction Law Firm posted in Construction Law on Friday, February 3, 2017.

You know that you need building permits for homes and other such structures in Fort Lauderdale, but what about something simple like a mooring device for your boat? Do you still have to get a permit, or can you just have it constructed without one?

You do need a permit. This is covered in Article IV of the Code of Ordinances, in Sec. 8-91. - Mooring structures.

According to the code, you must get a permit from the building department before construction starts on any boat davits, docks, hoists, slips or mooring piles. The code is then fairly open-ended by saying you must also have a permit for any "similar boat mooring structures."

To get the permit, you must prove that you own the land connected to the water -- that the waterfront property is yours -- or that you have permission to use that land. For example, you may have gotten permission from a neighbor or family member to build on their land even though you don't own waterfront property yourself; in some situations, this permission may be granted by a government agency. Either way, you need to have proof of the permission in writing.

Even after construction has been carried out, the mooring device has to be inspected. If issues are found, you'll get a notice telling you to correct them and giving you 30 days to do so.

Boats and water-related activities are part of life in Fort Lauderdale, and they're a big reason why people love to live here. It's very important to know what you're legally obligated to do when building on waterfront property to accommodate any craft that you own.

[sailorboy1]

the "rule" are pretty clear as to structures that are going to be attached to land

I asked a liveaboard "anchor out" guy here this morning how he got a permit for his mooring as I know the past 2 years I've been here he was on anchor. He replied "there's no permitting"

It appears the answer really is that there's no authority for installing a mooring ball outside the permitted mooring fields and within the setbacks of docks and boat launches etc. With and the whinning that goes on about Florida it's the wild west here.

[Neeltje]

Originally Posted by sailorboy1

I got to wondering about private moorings in Florida. They seem have no real thought or organization to them like I'm used to up north. So I did a google search for how you get permission/permit to place a mooring in Florida and found nothing but blind alleys and dark holes and never found anything that says who approves a private person setting a mooring.

Anyone know?

Welcome to the Wild, Wild South-East...

I haven't gone through the 3 pages of responses, but I'm pretty sure they all amount to the same basic conclusions:

1) The State of Florida could give a rip about where you park your boat.
2) Most of the local communities that do can't afford to enforce anything.
3) You'll only be hassled if somebody complains.

AFAIK, there are no State-wide regulations on mooring balls. Some of the wealthier small communities (such as Saint Augustine) have created inexpensive, well maintained municipal mooring fields and put limits on the proximity of anchoring out in order to entice boaters to use them. Whether they enforce these limits is debatable, but at least they're trying.

Here on the Saint Johns River, it's a slightly different story. You can drop a ball wherever you want, but if it's too close to anyone else's property (boat, dock or crab pot string), it probably won't be there in the morning.

[skipmac]

Originally Posted by Neeltje

Welcome to the Wild, Wild South-East...

I haven't gone through the 3 pages of responses, but I'm pretty sure they all amount to the same basic conclusions:

1) The State of Florida could give a rip about where you park your boat.
2) Most of the local communities that do can't afford to enforce anything.
3) You'll only be hassled if somebody complains.

AFAIK, there are no State-wide regulations on mooring balls. Some of the wealthier small communities (such as Saint Augustine) have created inexpensive, well maintained municipal mooring fields and put limits on the proximity of anchoring out in order to entice boaters to use them. Whether they enforce these limits is debatable, but at least they're trying.

Here on the Saint Johns River, it's a slightly different story. You can drop a ball wherever you want, but if it's too close to anyone else's property (boat, dock or crab pot string), it probably won't be there in the morning.

Hi Neeltje,

In practice this is all more or less correct in my experience but technically the US Army Corp of Engineers does regulate moorings in the St John's River as a navigable waterway. However, from research it does seem that if you are careful about where you place a mooring and stay under the radar the Corps will not notice or care. County sheriff's office or FL DWC are more likely to notice and make an issue of it, again depending on location.

Are you at Boathouse in Palatka?

[Happ]

Read Outlaw7’s response in the bottom of the first page. He gives chapter and verse with specific laws.

That should answer your question. The laws are there.

[sailorboy1]

no it doesn't

[Secondshift]

It does if it's a retrievable anchor mooring.
We had one for several years in Jensen Beach
We didn't live aboard. The LEOs never asked once.

In a crowded area people don't respect an empty ball anyway except out of concern for their prop. If your not there you'll lose your spot.

Please do post if you find an actual issuing authority for a permanent though I believe no one
would grant for a crowded anchorage.

Best Regards

[sailorboy1]

I noticed that some of the full time anchored boats I've seen in Florida the last couple years (some places I've gone through 4-5 times) now are on a mooring ball. They are in the same exact place and I think all they may have done was put a ball between whatever they have on the bottom and the boat. Apparently this gets around some of the new "seaworthy" requirements as they only apply to "anchored" boats.

[john61ct]

Seems fair, I would define "anchored" as the kit gets hauled up and taken with you.

As opposed to engine blocks or whatever.

Are such semantics defined in the law?

[Group9]

I think it can be hard for someone who grew up in highly regulated states to come to grips with the idea of no or sparse regulations. The opposite works that way, too. When I moved to Maryland, I was quite surprised at the "we have a rule for everything" mentality.

[john61ct]

Yes, living in widely varying jurisdictions really opens your eyes, especially internationally.

People assume laws reflect morality, without realizing that that very much changes by location and over time too.

Even just within the US, look at liquor laws
https://www.thedailybeast.com/yes-bu...arts-of-the-us

[Neeltje]

Originally Posted by skipmac

Hi Neeltje,

In practice this is all more or less correct in my experience but technically the US Army Corp of Engineers does regulate moorings in the St John's River as a navigable waterway. However, from research it does seem that if you are careful about where you place a mooring and stay under the radar the Corps will not notice or care. County sheriff's office or FL DWC are more likely to notice and make an issue of it, again depending on location.

Are you at Boathouse in Palatka?

Sorry for the belated response, and I agree; the Sheriff's office will take complaints for theft and the such on anchored or moored boats, while for docked ones, you have to deal with the Palatka City Police. Go figure.

I'm docked 2 blocks south of the Boathouse Marina. Look for an offshore telephone pole with peeling varnish. ;-)