Anchoring in Florida ICW

[catamaranharmon]

BoatUS has announced new regulations about anchoring in the ICW in Florida. It appears that you can now anchor anywhere in the ICW and the local athorities cannot touch you. The exception is in Designated Mooring Fields, but they are rare. What they do not define is the ICW itself. For instance, is North Lake Worth part of the ICW? Last year there were charges to anchor in parts of NLW. Vero Beach is not listed as a Designated Mooring Field. Is that because it is "off the ICW"?

[markpj23]

What you refer to is a new law that applies to all Florida waterways - not specifically the ICW. Basically the law prohibits cities / towns from passing any ordinance that restricts anchoring outside of the mooring fields you mentioned. It was a great steps forward for cruisers. Search this forum for multiple threads on the subject.

All the details can be found here - follow the link from the main page: Cruiser’s Net | Home

[osirissail]

The definition of the Intracoastal Waterway is the water that is charted as the ICW and bordered by the markers/bouys. All the rest of the water on both sides of the ICW is State water. All the "mud" belongs to the State. You cannot anchor in the ICW - that would constitute blocking a channel. You can anchor in the adjacent waters subject to State laws. This is a very old subject going back a dozen years in Florida. The State of Florida has been working the problem as it affects income from cruiser tourism which they do not want to lose on one side and income from "Condo" communities and private shore-side people who come down from "up-north" who also spend significant money.
- - The State Law was passed several years or more ago that re-asserted that the State, not the locals, own the underwater "mud". The State can accommodate the concerns of the local land folks and at the same time allow visiting cruisers places to anchor. If will be a never-ending story, but so far there is reasonable and "fair" policies in place. However, vigilance must be maintained as one side or the other tries to gain an advantage and then the State has to step in to restore balance again.

[catamaranharmon]

As I understand it, the State now has no regulations except for designated mooring fields. Other than that and the channel, there are no regulations about anchoring and local jurisdictions (police) can't do anything even if you are anchored within 100 feet of someone's house. Is this correct?
I also thought that the idea that the State owns the mud was thrown out long ago.

[osirissail]

The mud under the waters of Florida belongs to the State not the Federal Government unless the Fed's purchased it from the State. This was tested many years ago in Florida and was reported on by Southwinds magazine out of St. Pete. They have been following the Florida situation for a decade or more. It all derives from the original 13 States that got together to form the United States. These States pre-existed the Federal Government - it is all part of "sovereign" States thing. The land that central and western States were made from was land that was purchased or annexed by the Federal Government and the those States were formed later so the Fed's do own a lot of land in those areas (e.g. the Indian Reservations).
- - You cannot anchor in the ICW! It is a channel. You can anchor adjacent to the ICW in State waters/mud subject to the Florida laws.
- - Be careful, there are a lot of Florida State regulations concerning boats other than the "hot" anchoring issue. The latest revision published by BoatUS and others clearly outlines the revisions to Florida anchoring.
- - The new revisions clarifies what the rules are for designated local mooring fields and states only that local jurisdiction cannot extend any rules beyond the boundaries of those designated mooring fields. But more importantly, the new rules also will cause havoc with the old Florida rules on MSD's and their use. In that law there is a definition of "live-aboard" and this new revision is in conflict with that law. Not an uncommon problem with legislation. That law basically states that any occupied boat that remains in one place for over 30 days is a "live-aboard" and subject to inspection and fine or confiscation if it does not have holding tanks and is using them. This was the first attempt to get rid of the derelicts who never move and dump sewerage into the waters. If you do not stay anchored in "one spot" for more than 30 days then the law does not apply to you. Other laws establish "no-discharge" rules for Florida.
- - As to local police being able to do anything, it is well known from the Fed level on down that they can harass you, intimidate you, threaten you, and make your life miserable (and expensive if you wish to "fight for your rights") unless you comply and leave. Legally, the government at whatever level "cannot do "XXXXX"" but that has never slowed them down. So just be careful and polite and maybe over time they will see the light and stop harassing us - but I am not going to hold my breathe.

[Beausoleil]

BoatUS has a handy guide with pertinent info on the new anchoring laws in Florida. You can download it from there website here.