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Old 03-09-2016, 08:56 PM   #110
Moonstruck
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City: Hailing Port: Charleston, SC
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Quote:
Originally Posted by BandB View Post
You're right in that the homeowner can't ban anything. However, the state has the "deed" (not actually a deed but the ownership) of the land in which we're talking about placing the anchors. And the state has the rights and the responsibilities to regulate the use in the way best for it's residents and constituents. So, as to rights, they can ban anchoring anywhere they want and the residents can try to get them to do so.

This also means that the municipalities don't have rights to regulate anchoring unless they are given those rights by the state.

As a homeowner, I don't have the deed to my neighbor's property. However, what he can do on his property is highly regulated. That includes docks he can build. Generally there is a setback on the sides of his property as far as any construction. Also, it includes how he uses the property. The properties in many areas can't be used for operating a business to which clients or customers come or employees.

The homeowner and the boater can go to the state and ask for any rights they want to.

Now, I compare the homeowner who wants no anchoring or wants anchoring not allowed within 300' or his property to the homeowner who doesn't want anyone to be allowed to build a house on the adjacent three properties. Yes, I have seen homeowners fight a developer deciding to finally build on some vacant land.

The state has the responsibility to serve all involved parties. Derelict vessels is an area that adversely impacts both homeowner and boater so no one except owners of derelict vessels has a problem with them. Anchoring is controversial. There is a solution. Doing it with piece meal legislation for three areas isn't in my opinion that solution.

At some point, the state of Florida will pass some form of regulations limiting local governments and giving them specific rules they can use for anchoring. Probably the maximum restrictions allowed. Or the state will less likely just pass a law with statewide anchoring rules.

As I said, I think the 300' suggested was crazy and ridiculous. However, boaters who want no rules and no restrictions are ultimately even less likely to win their way. In fact, the only way the extremists homeowners can win is by those who anchor refusing to compromise in any way.

If I had the power I probably would handle it like most compromises I handled in business. I'd sit both sides down in a room and say you're staying here until you reach an agreement. Then I'd say, write a rule stating what the maximum limitations municipalities can put on anchoring are. As a starting place it's greater than 1' from a homeowner's dock, and it's less than 300'. Call me when you're ready with the solution.

Unfortunately we'll battle over this for years with hardliners in both directions dominating the conversations.

I've never encountered a problem from a boater or a homeowner. Guess I've only been around those who use common sense. However, I've heard of stories from both sides that are the reason regulations are required. I've heard of the homeowner who couldn't get out from his own dock without some anchored boats moving and many of them had no one aboard to move them. I've also heard of the boat anchored as the sole boat in a cove surrounded by farm property with one house way up on the hill and the homeowner came out yelling at them to move and carrying a shotgun. Guess I've been lucky to avoid the crazies.
They are called waters of the state.

http://www.aswm.org/pdf_lib/ecos_feb..._the_state.pdf
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