Miami Beach Anchorage Update

[GordMay]

The latest on the Fights for Anchoring Rights (Miami Beach, Fl):
http://www.ssca.org/miami2.pdf

[GordMay]

Anchoring issue is a weighty one ~ By MARK ERCOLIN
Waterfront News: http://waterfront-news.com

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Let’s face it: almost anyone who owns a boat for personal pleasure has a romantic side to their soul. After all, who among the ranks of pleasure boaters doesn’t dream of setting off on open water, free to travel wherever they please? But it’s that very freedom that tends to get in the way of the dream. Those who actually attempt to sail whenever and wherever they want face challenges, for even boats are subject to public and private restrictions on their comings and goings, except possibly on the high seas.
The right of where to moor or anchor once reaching a desired location is increasingly being debated as cities with ocean access try to manage their waterfront and sub-surface bottoms. Such cities are citing concerns about sanitation, environment, safety, economics and aesthetics, leading many to begin regulating offshore anchorage within their jurisdictions.
Many recreational boaters don’t believe municipalities have the authority to regulate a boater’s right to anchor. As romantic as this notion may be, it is not totally accurate.
In the case law I’ve reviewed, the courts recognize that within the limits of their territories, states generally have concurrent jurisdiction with the federal government on the waterways. Does this mean that municipalities can control anchorage in offshore areas under their jurisdiction? Well, first we’d have to look at what state statutes have to say on the matter.
In Florida, the statutory chapter that governs navigation in the state, Section 327.60(2), 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. However, local governmental authorities are prohibited from regulating the anchorage of non-live-aboard vessels engaged in the exercise of rights of navigation.”
A-ha!!! the adventurous boater might exclaim, So, who exactly fits within the description of “floating structures” and “liveaboards”? Well, the state is referring to structures that basically stay in one place and have no means of propulsion. And, under the statute, a liveaboard vessel is any vessel used solely as a residence, or any vessel represented as a place of business, a professional or other commercial enterprise, or a legal residence.
A-ha!!! that same adventurous boater might exclaim, “So if I bring my boat down to an offshore basin, anchor there, and don’t use it as a place of business; and if I sail away every few months or years, and have a legal residence somewhere else, a city shouldn’t be able to tell me where to anchor, and I should be able to stay there for a good, long time, right”?
Well, romantic friends, this observation may or may not be the eventual interpretation. It may be premature to view these state statutes as a slam-dunk for the right to anchor. As one evaluates the statute, it should not be overlooked that local authorities cannot regulate non-livaboards engaged in the exercise of rights of navigation.? This brings about the question, how long can you stay in one place before someone realizes you’re not navigating anywhere?
Not to mention that if a vessel stays in one place for a rather long time, might it not be taking up room and infringing on the rights of another vessel that actually is in transit? A vessel that just requires anchorage for a few days as it takes on provisions for the next leg of its voyage?
So far, case law does not seem to be very informative on the anchorage issue. However, in light of the recent Supreme Court’s ruling on eminent domain, which puts the economic needs of the community ahead of the individual’s property rights, I would not be too certain to safely say when or where anyone might have the right to anchor in the future.
Indeed, if that is the situation, then the romance of boat ownership and free anchorage may prove less romantic in South Florida as time goes on.
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Mark Ercolin is a maritime attorney with the firm Maltzman Foreman, PA, in Miami.
The information offered in this column is summary in nature and should not be applied to specific cases or situations.

[halyardz]

(Rant alert) The Miami thing is just part of the long-standing pattern of FLA favoring developers over the relatively unorganized marine community. One only needs to read some of the ever-growing "association" rules for condos and developments that read like regulations from a police state, complete with a brigade of "neighborhood rule" enforcement officers that have nothing better to do than complain.

I always thought that a sailboat anchored in the bay was part of the charm of having a waterfront view. Guess I was mistaken. Last year, my sons and I took a week's drive along the west coast of FLA looking for a place to relocate that had good marine facilities, a habor (possible liveaboard), and a strong touch of "old Florida.". We came back depressed.

And the grumpy babyboomer hoards are circling for the great migration south to Condo-ville.

It's unlikely cruisers will organize, and since we don't stay in one place too long, we generally don't get to vote. I guess I'd better invest in a windlass soon. JR