Presentation on theme: "Community Guide to Creating a Managed Anchorage and Mooring Field"— Presentation transcript:
1 Community Guide to Creating a Managed Anchorage and Mooring Field Conservation ClinicUniversity of Florida College of LawBoating and Waterway Management ProgramFlorida Sea Grant
2 A well planned and executed Managed Anchorage and Mooring field (MAMF) can be beneficial to residents, boaters and the local government by encouraging tourism and providing for the efficient use of waterfront resources to enhance public access to the marine environment.
3 Overview 2 Step Process in creating a MAMF Project Initiation TechnicalLegalPublic (Educational)Project DevelopmentPublic (Legal)
4 Florida Sea Grant and Conservation Clinic Experience The Conservation Clinic and Florida Sea Grant have worked with communities to address harbor management around Florida.
8 Vero Beach MunicipalMooring Field offers long-term and transient moorings.Anchoring limited outside mooring field by city ordinance (Length of Stay Regulation).Fees support facilities including fueling facility, pump-out facility and restrooms.Employees include harbormaster, assistant harbor master and part time employees.Harbormaster resides at the anchorage.There is also an advisory board to the anchorage.Establishes Enterprise Fund – money that it earns goes back to support the anchorage and harbor.
9 Fort Myers Beach Concession 70 mooringsFees depend on size and length of stay – vary between $6.50 and $10.00 per day.Facilities include dinghy docks, restrooms, and garbage disposal.Private Marina manages mooring field under concession from city.
10 Sarasota City Island Not for Profit Sarasota Sailing Squadron seeking to formalize its historic anchorageMembership basedStill in the permit process
11 Introductory Principles Two sets of introductory principles are useful to keep in mind throughout the process of creating a mooring field.Principles of AnchoringPrinciples of Harbor ManagementSee Thomas Ankersen and Richard Hamann, Anchoring Away: Government Regulation and the Rights of Navigation in Florida, Sea Grant (August 1999).
12 Principles of Anchoring Federal, state and local laws apply to anchored boats.Boats must anchor so that they are not harming any other vessels, damaging property or injuring people, or preventing access to boats or property.
13 Principles of Anchoring Boats should not anchor in sea grass or coral areas because of the damage that the anchors can do to these habitats.Boats should be able to get underway within a reasonable amount of time.Safety of the crew and boat is a primary concern.
14 Principles of Harbor Management A harbor management plan should be developed.The plan should be based on objective data obtained by inventories of natural and cultural resources.The plan should be based on consensus.
15 Principles Harbor Management A local board should be created that includes boaters in order to create the local harbor management plan.The local board should appoint a harbormaster to implement the harbor management plan.The harbor management plan should focus on providing adequate space via moorings or anchoring areas both for transient boaters and for safe shelter during storm events.
16 Principles Harbor Management The harbor management plan should provide for a dinghy dock and on-shore facilities for boaters.The harbor management plan should provide for signage in the harbor.The board should inquire into funding mechanisms for harbor signs, moorings, improvements and amenities (dinghy dock, showers, laundry facilities, etc.).
17 Principles of Harbor Management Try to get Special Anchorage Designation.Create a dispute resolution mechanism.Obtain the right to use the submerged lands.
18 Project Initiation: Develop Baseline First, a community should develop baseline technical and legal data.This first step will determine the legal and technical feasibility of going forward and should provide for public input.
19 Develop Baseline Technical Data Preliminary technical review. Develop baseline information for the public process.Create maps of your harbor that:Locate current obstructionsLocate regulatory jurisdictionsLocate environmental restraints e.g., sea grasses, oyster bedsLocate access to channels, channel markers,Show depthsIllustrate navigation constraintsIllustrate physical constraints e.g., bottom holding characteristics
20 Example St. Johns River Water Management District Depth Data: St Example St. Johns River Water Management District Depth Data: St. Augustine Harbor
21 Boater Characteristics Boat trafficTypes of patrons: transient versus localCurrent useExpected useSeasonalityAssess boater needs
22 Consider Shoreline Resident Needs and Expectations
23 Services and Amenities Potential Recreational BoaterNeeds and WantsMooring Master (office)Security measuresHot showers and restroomsDrinking waterSecure dinghy docksPump-out station (or boat)FuelingGroceries, ship storesBoat yard for repairsLaundry facilitiesTrash pickup, recyclingRecreational opportunitiesShore-side transportationBicycle racksServices and Amenities
24 Develop Baseline Technical Data Harbor Maps that:Show study area boundariesLocate current obstructions (e.g., shoals)Locate regulatory jurisdictions and zonesLocate environmental restraints e.g., sea grasses, oyster bedsShow navigation and anchoring constraintsLocalized damage (e.g., seagrass scarring)
25 Develop Baseline Legal Data Determine jurisdiction of bottom landPolitical (local government authority)Regulatory (DEP, USCG, ACOE etc.)Determine ownership of bottom landInclude these determinations in the maps created in the baseline technical data
26 OWNERSHIP OF SUBMERGED LANDS AND OVERLYING WATERS State of Florida owns the submerged landsadministered by Governor and Cabinet sitting as the Board of Trustees of Internal Improvement Trust Fund.DEP serves as staffOverlying waters also subject to public trustAdministered by DEP
27 Permitting of Mooring Field DEP and U.S. Army Corps of Engineers - have permitting authority over submerged lands and overlying watersAquatic Preserve designation presents an additional regulatory overlayU.S. Coast Guard – has authority over navigation safety and signageUS FWS & Fl. FWCC have authority over protected species (e.g. Manatees)
28 Aquatic PreservesMAMF’s located within aquatic preserves will be subject to the Florida Aquatic Preserve Act and DEP Regulations.This will impose separate criteria for obtaining a permit.For approval of the project it must be found to be IN the public interest.Public Interest determination is based on a balancing of factors as outlined in (2) of the Florida Administrative Code.Projects in more pristine and less developed aquatic preserves are subject to and even higher standard in the public interest analysis.
29 Aquatic Preserves and the Public Interest Important Factors to Consider BenefitsPublic access.Improve & enhance public health, safety,and welfare.Improve public land management.Improve & enhance public navigation.Improve & enhance water quality.CostsReduced or degraded water quality.Reduced or degraded natural habitat and function.Harm to endangered species or their habitats.Adverse cumulative impacts.
30 Other Important Aquatic Preserve Considerations Activities in aquatic preserves with management plans must be consistent with the preserve management plan.Docking facilities (moorings included) are subject to additional criteria in (5) of the F.A.C.Revenue generating docking facilities are subject to additional criteria in (5)(d)of the F.A.C.
31 So What About MAMFs in Aquatic Preserves? Public recreation is allowable within aquatic preserves.Important Aquatic Preserve GoalsProtect waters through regulation of human activity, so that the public may continue to use the waters for recreation including boating.Encouraging the protection, enhancement, or restoration of aquatic preserves.
32 The Lease is the LawThe State regulates the MAMF through the Submerged Lands Lease (and the DEP Permit)These are obtained through a joint application processThe Lease incorporates The DEP Permit, and all local government governance documentsThese includeThe authorizing ordinanceThe Harbor Management Plan
33 The Lease is the LawKey lease & permit provisions encountered in MAMF’s surveyedNearly all moorings must be made available to public on a first-come first- serve basis (90% Sarasota & FMB)Commercial activities generally prohibitedUse of revenue may be restrictedManatee education plan must be put in effect
34 THE 2005 WORKING WATERFRONTS LEGISLATION AND MAMFs To address concerns over access to marine waters, and the decline in “working waterfronts” the legislature enacted Chapter , Florida StatutesEspecially relevant aspects of the law:Requires DEP to develop a general permit for mooring fields 50,000 sq. feet or lessGeneral permit is a simplified permit process50,000 sq. ft. is a little less than 1 acre (43,560 sq.ft)
36 2005 WORKING WATERFRONTS LEGISLATION The Legislature also requires coastal counties to include “regulatory incentives & criteria” that encourage preservation of recreational and commercial working waterfronts in their future land use elementThe express purpose of this is to “provide access to navigable waters of the state for the public.”Which is something a managed anchorage and mooring field will help to accomplish
37 Establish Parameters of Harbor Management Plan Use principles of harbor managementDetermine whether mooring field will be municipal, concession or non-profitSolicit public input
38 Project DevelopmentThe successful establishment of a mooring field requires the completion of three concurrent processes once the baseline data is gathered.Technical ProcessLegal ProcessPublic Process
39 Technical Process of establishing a mooring field: Develop permit(s) application informationNavigationalBiologicalWater qualityHydrologyThis may require a coastal engineering consultant
40 Technical Process: Signs Establish signage needs and permit requirements.Federal PermitsRivers and Harbors Act, Section 10, USACOEState Permits“Uniform waterway markers” Fla. StatSee Thomas Ankersen, Richard Hamann, Melissa Gross-Arnold, Regulatory Requirements for Private Aids to Navigation (Aug. 1998).
41 Legal Steps in establishing a managed mooring field and anchorage Confirm the ownership of submerged lands.Confirm relevant political jurisdiction.Review Local Government Comprehensive Plans to determine whether a MAMF will be consistent with the plan.Initiate Drafting of Proposed Ordinance or Resolutionsee Thomas Ankersen, Christopher H. Pearce, An Annotated Model Municipal Harbor Management Ordinance (Aug. 2001).Select administration option.Governmental - MunicipalConcession - Draft agreement between local government and concessionaire.Not-For Profit OrganizationThe Federal Government and the State Government have concurrent authority over Navigation.Rivers and Harbors Act – Federal control over Navigation –Special Anchorage Grounds – through Coast Guard – for larger vesselsSpecial Anchorage Areas – through Coast Guard – vessels less than 65 feet are not required to display their anchorage lights. 33 CFR 110 -Discuss Environmental IssuesSea grass and manateesSanitationPollutionBackground: Florida obtained title to nearly all the beds of all waters when it became a state. Through ch. 253, Fla. Stat., the state manages these lands through the Board of Trustees of the Internal Improvement Trust Fund. As a result, the state can exercise more control on the use of submerged lands than non-submerged private lands.I.e. is it a state sovereign submerged lands? If yes, obtain lease from the state. Fla. Admin. Code (1)(d)(8).If no, who owns the land?For example the city of Fort Myers owns submerged lands under its anchorage.Who has police jurisdiction?Determine if a Mooring Field is in accordance with the comprehensive plan.If not, go to County and get Comp Plan changed.Depending on whether you pursue a concessionaire to operate the mooring field or establish it as a municipal operation – you will need different agreements.Concessionaire contractHarbormaster contract.
42 Legal Steps in establishing a managed mooring field and anchorage Obtain authorizations.Submerged lands leaseEnvironmental Resource Permit - DEPObstructions to Navigation – section 10 – Rivers and Harbor Act (USACOE)Special Anchorage Area Designation – U.S. Coast GuardResource Agency ConsultationsFish and Wildlife ServiceFish and Wildlife Conservation CommissionOtherArmy Corps of EngineersRegulates obstructions to navigation – i.e. signs and moorings. 33 CFR 320.2There are nationwide permits for some moorings. The Regulation distinguishes between whether you are in a Special Anchorage Area. 61 F.R. 65,913.“The areas described in subpart A of this part are designated as special anchorage areas for purposes of 33 U.S.C. §§ 2030(g) and 2035(j). Vessels of less than 20 meters in length, and barges, canal boats, scows, or other nondescript craft, are not required to sound signals required by rule 35 of the Inland Navigation Rules (33 U.S.C. 2035). Vessels of less than 20 meters are not required to exhibit anchor lights or shapes required by rule 30 of the Inland Navigation Rules (33 U.S.C. 2030).” 33.CFR 110.1QUESTION FOR TOM AND RICHARDShould I discuss S (2) Fla. Stat.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.
43 Legal: Apply to be a Special Anchorage Area Special anchorage areas are designated by the U.S. Coast Guard and provide certain navigational and regulatory benefits.They become marked on nautical chartsThey eliminate the need to display an anchor light at nightNationwide permits
44 Legal: Prepare Rules for Boaters that would be appended to use agreement Examples from Fort Myers BeachComply with U. S. Coast Guard regulations and safety standards and Chapter 327 of the Florida StatutesBe in good operational condition, capable of maneuvering under its own powerHave current registration or acceptable documentation otherwiseHave Liability Insurance coverageContain a U. S. Coast Guard approved marine sanitation device, that complies with the U. S. Coast Guard requirements governing the installation and use of such devices upon that particular vessel
45 Legal: Prepare Harbormaster’s Operations and Management Handbook
46 Public InputProvide two or three different opportunities for public input prior to establishing a MAMF.The public should be provided the opportunity to sit down with the planners with the maps and the Harbor Management Plan created in the baseline step and determine:Any information that is missing from the maps such as other environmental constraints or user conflictsLocation of amenities, e.g., dinghy dock, bathrooms, pump out station etc.Do you need to do to make the case that your mooring field is necessary?Do you need to make the determination that the mooring field is not detrimental to environment and safe in hurricanes?What kind of mooring system do you put in?What facilities are you willing to provide both harborside and seaside?
47 Public: Potential Issues Length of stayLive aboardsYou may want to encourage some live aboards in order to foster a sense of community and increase security (campground host)Fee structureTiered fees – graduated downward according to length of stayRelationship between harbormaster and boaters.There are marine contractors available.Fort Myer’s Beach put together a website.
48 LENGTH OF STAYMany jurisdictions regulate length of stay on waters within their jurisdictionsHowever, this is not required in order to have a MAMF
49 LIVE-ABOARDS (& length of stay within the MAMF) A MAMF may consider restricting & varying length of stay within the mooring fieldThe State generally discourage live-aboards but they are allowed in some instances (e.g. Ft. Myers Beach)Pursuant to the FMB Lease a Live-Aboard is:“A vessel docked at the facility and inhabited by a person for any 5 consecutive days or a total of 10 within a 30 day period.”If allowed, “live-aboard status cannot exceed 6 months within any 12 month period”There can be significant benefits to at least some live-boards
50 Fee Schedule Considerations Different Transient vs. Live-Aboard feesReduced rate for off-peak seasonMonthly facility fee for amenities not included in base rateEx.: Vero Beach fees support facilities including fueling facility, pump-out facility and restrooms.Reduced rate or tiered fees, graduated down for long-term stayEx: vary between $6.50 and $10.00 per day.
51 Amenity & Service Considerations Included ServicesAre they covered in the basic fee structure?Services Provided at Additional CostWill boaters expect the service to be at an additional cost?Consider a monthly flat fee
52 Regulating Activities Within the MAMF Reference local noise ordinance in MAMF OrdinanceReference Fla. Stat. Chapter 327 regarding vessel operational requirements in MAMF ordinanceProhibit other nuisance-like activities in MAMF Ordinance (VB)Rowdy Conduct (VB, FM)Hanging laundry (VB, FM, S)
53 Regulating Activities Within the MAMF Hours for Repairs, or Not Allow Repairs (VB, FM, S, M)Consider Major or Refitting Vessels vs. MinorLimit For Sale Signage (FM, S)No Advertising or Soliciting (FM, S)Leashed pets only (VB, FM, S)Operational Hours for Noise & Machinery (FM, S, M)Prohibit grills on the dock (FM, S)Fishing in designated areas, or not at all (S)Swimming Prohibited (S, ??)Feeding Wildlife Prohibited (S)
54 Other Important Considerations In Establishing a MAMF Insurance RequirementsProof of Insurance (M, S, FMB)Clear Dispute Resolution ProcessesSchedule Inspections & Maintenance During Off-Peak Season (ie, September for VB)
56 MOORING SYSTEMS Anchors Down Lines Buoys Pendants Hardware COASTAL ENGINEERINGCONSULTANTSINC.AnchorsDown LinesBuoysPendantsHardware
57 MOORING COMPONENTS Town of Ft. Myers Beach City of Sarasota COASTALENGINEERINGCONSULTANTSINC.MOORINGCOMPONENTSTown of Ft. Myers BeachCity of Sarasota
58 Technical and Financial Resources Technical Assistance Team (FDEP)Waterfronts FloridaOffice of Boating and Waterways (FWC)Florida Boating Improvements Trust FundFlorida Inland Navigation DistrictClean Vessel Act grant program (FDEP)Florida Sea Grant (technical)