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Old 25-04-2020, 14:22   #1
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Legal or illegal to set a mooring

I have been looking around at a bunch of different pages and docs online and can't really find a clear yes/no answer. If I construct a mooring and set it in a public mooring field is that legal? There is a lot of information about anchoring but I haven't found a clear answer to whether that can be done. I wouldn't want to spend the money building one and then after it is in the water and I am hooked to it be told it is illegal and have to remove it, be fined, etc.
It would be in the mooring field by the Palm Beach Inlet south of Peanut Island, in Florida. If anyone is moored currently I would appreciate the input. Thanks in advance.
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Old 25-04-2020, 14:33   #2
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Re: Legal or illegal to set a mooring

Actual public mooring field as in go in and pay to use, no that’s not going to fly. But if you mean where others have set their moorings you will almost certainly get away with it.
I believe almost all private moorings in Fl are actually illegal, but people get away with it, if I weren’t so lazy I’d start cutting the balls off of them. Every time I anchor in Lake Worth and can’t find a place because the area is full of empty mooring balls, it ticks me off. Same thing in other locations, same with anchorages full of abandoned derelict boats.

So why can someone stake out “their” private territory in public waters? What allows that? I can’t set up a camp site in a National Park for my own private use, what’s the difference?

Now if you go downtown and pay the City some money I suppose that’s different.
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Old 25-04-2020, 14:33   #3
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Re: Legal or illegal to set a mooring

My understanding is you apply to install a mooring. USCG if I remember correctly, but may be local authority in those places. Here in Washington it's governed by the DNR:
"Residential landowners whose property abuts state aquatic lands may use a recreational mooring buoy for free, but must still register the buoy with DNR and make sure the installation meets local zoning requirements. A mooring buoy qualifies for free use if the conditions meet all of these criteria:
The applicant owns residential property next to state-owned shorelands, tidelands, or related beds of navigable waters (other than harbor areas)
The moored boat is used for private recreational purposes
The moored boat is not more than sixty (60) feet in length
The area being used for the buoy is not subject to prior rights
The mooring buoy will not obstruct use of previously authorized mooring buoys
The mooring buoy is located on state-owned aquatic lands, but as near to the shore of residence as practical
All applicable local, state, and federal rules and regulations have been met.​"
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Old 25-04-2020, 14:36   #4
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Re: Legal or illegal to set a mooring

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Originally Posted by crazeflier007 View Post
I have been looking around at a bunch of different pages and docs online and can't really find a clear yes/no answer. If I construct a mooring and set it in a public mooring field is that legal? There is a lot of information about anchoring but I haven't found a clear answer to whether that can be done. I wouldn't want to spend the money building one and then after it is in the water and I am hooked to it be told it is illegal and have to remove it, be fined, etc.
It would be in the mooring field by the Palm Beach Inlet south of Peanut Island, in Florida. If anyone is moored currently I would appreciate the input. Thanks in advance.
The state controls the underwater land there, although they may have delegated authority to a city or county. Florida FWC is probably a good place to start.
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Old 25-04-2020, 14:43   #5
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Re: Legal or illegal to set a mooring

OK, let's start at the beginning.

The submerged lands are property of the US Government, held in trust for all citizens. Responsibility for the bottom lands have been delegated to the US Army Corps of Engineers. The CG is responsible for navigation, but put that aside for now.

The Corps delegates waters within the state boundaries to the states, again to hold in the public trust. Most, but not all, states delegate managing moorings to the municipalities.

It would be illegal to just "claim" a plot of submerged land as yours. You have to get a permit, typically from the city or town, and generally pay a fee. Submerged lands under marinas are often rented by the state to the marina operator.

Whether you can get away with it or not would seem to me to depend on enforcement, and whether or not you're ticking anyone off enough to go complain to the authorities.
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Old 25-04-2020, 14:46   #6
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Re: Legal or illegal to set a mooring

In florida a mooring is only a mooring if there is a submerged land lease for the seabed. If that is the case the municipality is renting that property from the state. And no you can not anchor or do anything there without their consent. However if you build a mooring outside a mooring field it is not a mooring or anything just a fender floating about. There is no implied ownership like there would be with a car parked on the street..if you leave your car to enter a store the car still belongs to you...not so with your expensive anchors or mooring ball.the next crackhead can use it and never leave and there is nothing you can do about it. FWC will not care one bit. I have had several "moorings"in florida and managed to keep them clear for a few months at most and this is in a much more remote are than peanut island..better just get a bigger working anchor and more chain
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Old 25-04-2020, 14:46   #7
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Re: Legal or illegal to set a mooring

The State of Florida owns the submerged lands. You would need a permit and a lease from the State to place either a dock or a mooring.
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Old 25-04-2020, 15:14   #8
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Re: Legal or illegal to set a mooring

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The State of Florida owns the submerged lands. You would need a permit and a lease from the State to place either a dock or a mooring.
Don’t know your region

The water is public , your mooring is private

Anytime you wish to claim a piece of public property for private use you must seek permission from the relevant port authority
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Old 25-04-2020, 15:23   #9
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Re: Legal or illegal to set a mooring

Florida State Authority to Allow Local Regulation of Navigation and Anchoring


While it has not promulgated rules specifically regulating anchoring or anchorages, the Board of Trustees does require some form of approval for any “activity” on sovereignty submerged lands.331 The term “activity” is defined to include the construction of mooring pilings or docks.332 The term “dock” is defined to mean “a fixed or floating structure, including . . . mooring pilings, lifts, davits and other associated water‐dependent structures used for mooring and accessing vessels.”The Board of Trustees’ Rule 18‐21 provides a framework for various forms of consent required in order for a party to conduct activities on sovereignty submerged lands. The relevant forms of consent include consent by rule, letter of consent, and a lease, each applicable under different circumstances. Consent by rule allows use of sovereignty submerged lands for relatively small‐scale activities, for example the installation of mooring pilings associated with private docking facilities or the construction of a single, small dock for a private home. A letter of consent is required for docks too large to qualify for consent by rule and for certain minimum‐size piers,339 certain boat ramps, and certain channels. A lease is required for “all revenue‐generating activities,” “open‐water mooring fields,” and for structures that don’t qualify for the consent by rule or letter of consent. Thus, a mooring field in waters over sovereignty lands would require a lease from the state.

http://cms5.revize.com/revize/florid...lorida_web.pdf
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Old 25-04-2020, 15:56   #10
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Re: Legal or illegal to set a mooring

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Originally Posted by CaptTom View Post
OK, let's start at the beginning.

The submerged lands are property of the US Government, held in trust for all citizens. Responsibility for the bottom lands have been delegated to the US Army Corps of Engineers. The CG is responsible for navigation, but put that aside for now.

The Corps delegates waters within the state boundaries to the states, again to hold in the public trust. Most, but not all, states delegate managing moorings to the municipalities.

It would be illegal to just "claim" a plot of submerged land as yours. You have to get a permit, typically from the city or town, and generally pay a fee. Submerged lands under marinas are often rented by the state to the marina operator.

Whether you can get away with it or not would seem to me to depend on enforcement, and whether or not you're ticking anyone off enough to go complain to the authorities.
Actually per the Submerged Lands Act everything within 3 miles if a state shoreline belongs to the state, the Corps has nothing to do with that. Some states allow you to just place a mooring, here in MD for example you can as long as it meets some requirements about not blocking a channel and it's not delegated to a city. Other states may not, hence call your local natural resources department to find out.
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Old 26-04-2020, 09:35   #11
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Re: Legal or illegal to set a mooring

Quote:
Originally Posted by crazeflier007 View Post
I have been looking around at a bunch of different pages and docs online and can't really find a clear yes/no answer. If I construct a mooring and set it in a public mooring field is that legal? There is a lot of information about anchoring but I haven't found a clear answer to whether that can be done. I wouldn't want to spend the money building one and then after it is in the water and I am hooked to it be told it is illegal and have to remove it, be fined, etc.
It would be in the mooring field by the Palm Beach Inlet south of Peanut Island, in Florida. If anyone is moored currently I would appreciate the input. Thanks in advance.
Contact the municipality, better yet visit them with hat in hand.
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Old 26-04-2020, 09:43   #12
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Re: Legal or illegal to set a mooring

Florida's State Water boundaries and associated submerged lands are unique.

Atlantic Coast: shoreline out to 3 miles off-shore
Gulf Coast: shoreline out to 9 miles off-shore
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Old 26-04-2020, 10:08   #13
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Re: Legal or illegal to set a mooring

There is a mish mash of ownership of submerged lands in Florida; some is owned by the federal government (things like the ICW where you are not allowed to anchor so it is open of navigation and some areas related to endangered species) and the USCG is the controlling law enforcement agency, most is owned by the state and FWC is in charge of enforcing the law (but sometimes there are questions of jurisdiction. Once I talked to an FWC officer about boats speeding through a posted slow speed for manatee protection and he said the USCG was in charge while FWC will ticket boats for things like DWI in the ICW), county and city governments can also be in charge of some submerged lands (most govt run mooring fields are under city or county control), and finally some private individuals or companies can own submerged lands and can make their own rules.

Back when I was consulting for FDEP I created/updated some maps of who owned what submerged lands but that was well over twenty years ago and I am sure the maps have changed since then.

Bottom line is you need to contact FDEP submerged lands as a starting point.
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Old 26-04-2020, 10:08   #14
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Re: Legal or illegal to set a mooring

Near Peanut Island? Doubtful you will get away with it for long in that part of Florida, although it seems many boats are anchored there long-term.

Leaving a ball or other buoy/marker unattended with your ground tackle still attached may prove problematic, as others have mentioned, someone else can snag it any you have little recourse save cutting them loose on your own which opens you up to similar retaliation in return. You don't want to go there.

Leaving for a day sail or pump out run is probably pretty safe. Longer than that and well, in a popular spot like that hogging valuable mooring real estate you aren't actually using isn't going to win you friends or make you popular with other waterway users in the area.

Buy yourself a good anchor and rode, and learn how to use it proficiently along with the skill of finding a new spot when necessary.

Resign yourself to the reality that all the rest of us out here have to live with on a daily basis -that any good spot to anchor is first-come first-serve. You don't typically get to call "dibs" on a limited resource like this without applying for official approval from whatever authority has jurisdiction in the area, and paying for that privilege in most cases.
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Old 26-04-2020, 10:20   #15
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Re: Legal or illegal to set a mooring

Quote:
Originally Posted by a64pilot View Post
Actual public mooring field as in go in and pay to use, no that’s not going to fly. But if you mean where others have set their moorings you will almost certainly get away with it.
I believe almost all private moorings in Fl are actually illegal, but people get away with it, if I weren’t so lazy I’d start cutting the balls off of them. Every time I anchor in Lake Worth and can’t find a place because the area is full of empty mooring balls, it ticks me off. Same thing in other locations, same with anchorages full of abandoned derelict boats.

So why can someone stake out “their” private territory in public waters? What allows that? I can’t set up a camp site in a National Park for my own private use, what’s the difference?

Now if you go downtown and pay the City some money I suppose that’s different.

There are several small harbors in Mexico, very picturesque, that have been gradually filled with moorings by the locals. Obviously nobody is controlling it. Where we anchored in 2000 we could not get close in 2016. Sure must be worse now. Since these harbors are open to the sea, we get lots more rolling at anchor now since all the protected spots are covered by moorings, most of which are unused.

I would hope we can do better in the US. Permission to set moorings should be required and a maximum plan established allowing some protected room for anchoring.
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