Anchor Rights

[Pete]

Since the answer to my question may be different by state, my location is North Carolina.

I live in a dredged canal community, where you are able to dock your boat behind your house. Included in the canal system is a sizable man made lake. Infrequently, a cruising boat will be seen at anchor in the lake. Probably not more frequently, because the shore line is all private property and thus access to land is unavailable. So, some folks choose to anchor, stay on their boats and the accepted wisdom in the community is they have the right to anchor since this is state/federal navigable water, even though the land under the water where the anchor sits is privately owned by the Home Owners Association.

Now another community has created a man made lake on their private property, with navigable water off the Neuse River. Identical circumstances to the community where I live as best I can tell. The word is they claim you can not anchor in their lake, even though there is plenty of room to stay out of the way of marina patrons trying to navigate.

So, the question is " does the owner of land under navigable water have the authority to prevent anchoring"? I would appreciate your advice and most especially a pointer to something official addressing the subject. Thanks

Pete

 

[krush]

I think the question may be, once you make a "lake" that is connected to the state's waterway, is it still private property?

I know in VA that the rivers and what is under the river belongs to the commonwealth. Hence the reason you need to "get permission" to build a dock.

 

[MikeP]

Pete, I'd ask the appropriate NC State Officials; "opinions" from any of us here are worth all the ink it takes to print them on this screen...

 

[SKYCHENEY]

My guess is that all navigable waters are waters of the state and that anchoring would be permitted.

 

[Capt.Erich]

Pete, I'm willing to bet you are referring to Fairfield Harbor? It is interesting to me that New Bern used to be a friendly place for cruisers from around the world to come. Not so much any more. I'm not sure how these types of communities will be able to enforce a no anchorage policy. My best guess is that they will have to post the entrance as private property and have some community volunteers to act as watchdogs. It will get interesting when somebody challenges it legally.

 

[BUSTER]

I was under the impression that once a man made body of water was opened to a public waterway it became a trust of the people.The the State would determine how it can be used?

 

[chris piazza]

I would think that once the lake was developed and turned over to state that any issues of liability or law would fall under the jurisdiction of the state. However with that said a local jurisdiction, City, Townships or County can and do enact local ordinances that supercede state law. We have many small lakes in our county that have had problems "Red Neck Yacht Clubs" anchoring in coves and partying late into the night. The local jurisdiction (Fenton Twp.) enacted a ordinance that makes it illegal to anchor after dark. I would check with them first.

Chris
Superior Nights 53C

 

[34Hatt]

I would think that once the lake was developed and turned over to state that any issues of liability or law would fall under the jurisdiction of the state. However with that said a local jurisdiction, City, Townships or County can and do enact local ordinances that supercede state law. We have many small lakes in our county that have had problems "Red Neck Yacht Clubs" anchoring in coves and partying late into the night. The local jurisdiction (Fenton Twp.) enacted a ordinance that makes it illegal to anchor after dark. I would check with them first.

Chris
Superior Nights 53C

I know that near us is Shelter Island that has two anchor area's they tried to get rid of them is the past. So this is a township trying to do this the Federal goverment told them you get rid of them and you lose all of your Federal $$$$. So guess what they are still there, so I think the Federal has a final say in most case's.

 

[SeaEric]

By creating a body of water that then connects to other navigable waterways, that area becomes part of "the navigable waters of The United States" and therefore falls under all or a portion of title 33, which in part states:

The adjacent landowner has the exclusive riparian or littoral right of access to navigable water. This does not mean that the owner can exclude others from the adjacent waters, but that only the owner may get to the water from his or her upland, as by constructing a dock or other structures where appropriate and appropriately authorized. In terms of access, navigable waters are equivalent to a public road, and a dock serves the same purpose as a private driveway. A littoral landowner may not exclude the public from lawful uses of the public trust area, just as an upland owner cannot exclude the public from driving or walking on the street in front of his or her house. Of course, nuisance behavior in the public trust, such as littering, intoxication, etc. would constitute a breach of the peace, just as if done by neighbors on adjacent upland property.

 

[Pascal]

a community (town, county, etc..) can't restrict the rigth to navigation. Sometimes they try to impose limits on how long you can stay but even those ordinances have been struck down, at least in florida. the Marco island ordinance was thrown out, not sure if the town is wasting more tax payers money appealing it.

if you are passing thru and run into night or weather or mechanical, they can't stop from anchoring. The local water cops maybe called to "discourage" you from staying longer than needed though.

 

[Pete]

Capt. Erich, let me put some names to the two communities. I live in Fairfield Harbour, and although the property owners on the shores of the man made lake very much dislike anchoring cruising boats, everyone understands that there is no way to prevent it. As I wrote earlier, the lack of land access tends to keep the number of anchoring boats to a minimum.

The new community that is claiming they have the right to exclude anchoring boats, is River Dunes, down the Neuse, between Oriental and the ICW turn into the Bay River.

Pete

 

[Trojan]

I think you will find that if the property surrounding the lake and under the lake is privately owned. They have the right to say who has the right to anchor. But if there is an emergency, they can not prevent you from anchorage or going ashore. We have a similar situation. We own 100 acres which is under water and attached to a private and public lake. We can restrict who can be physically on this property, but can't restrict who passes over this property on the water. Most or all waterfront property has a area that you cannot deny access due to weather or an emergency. But each state can be different. I think the Ohio river has a weird restriction on one of its banks that deals with access during high water. Put-N- Bay Ohio owned property under one of there bays and charges for any Anchorage in their bay. A predominant lawyer tried to file a lawsuit against them and lost. Claiming he has the right to anchor anywhere he wants.

BILL

 

[krush]

However with that said a local jurisdiction, City, Townships or County can and do enact local ordinances that supercede state law. We have many small lakes in our county that have had problems "Red Neck Yacht Clubs" anchoring in coves and partying late into the night. The local jurisdiction (Fenton Twp.) enacted a ordinance that makes it illegal to anchor after dark. I would check with them first.

I would bet some money that such an affair wouldn't fly in VA. Maybe MD, but I doubt VA.

States control the waterways, not the Fed Gov. STATES RIGHTS! Oh wait, they are being eroded daily.

 

[SKYCHENEY]

We are confusing two things here. Some of you are talking about inland lakes that are not part of the "navigable water of the state". These are treated differently than a lake that is open to the ocean. If a body of water can be reached from the ocean by means of the waterways, it becomes waters of the state and it is open to public use. You can anchor in these waters as long as you are not impeding navigation through these waters. So, if there is room to anchor in this lake and the boat in question is not in a channel or blocking entry and exit, I don't see that they can keep him from doing so. I'm not a lawyer and I'm no expert on maritime law, but I think you will find that there are different rules when the water is accessible from the ocean.

 

[Trojan]

I'm referring to Lake Erie and the Ohio River. Now days who knows what the courts will rule.

BILL

 

[Diver Down]

Those of you familiar with the old ICW passage from VA to NC (i.e. via "the ditch" through the Dismal Swamp) have probably heard of the "Cove", a very popular small embayment off of the channel next to Interstate 64 in Chesapeake, VA, just north of the Deep Creek Locks. I've spent many great nights anchored in this small 'lake'. For decades the Cove has been a day party hot spot... boats would pull up on the beach and cook out or raft up in the middle of the cove. About a year ago, the Army Corps, VA Marine Resources Commission and local authorities announced on very short notice that the area was closed to recreational boats upon request of the owner of the property surrounding the Cove. This closure has been strictly enforced by the water cops and has withstood one court challenge so far. Personally, I think this sucks but on the other hand, I don't own the property surrounding the lake. What's really interesting is that this closure seems to be directly contradictory to Virginia's policy that submerged, navigatable bottom belongs to the Commonwealth's citizens.

 

[ReelT]

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE

PART 329_DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES--Table of

Sec. 329.11 Geographic and jurisdictional limits of rivers and lakes.

(a) Jurisdiction over entire bed. Federal regulatory jurisdiction,
and powers of improvement for navigation, extend laterally to the entire
water surface and bed of a navigable waterbody, which includes all the
land and waters below the ordinary high water mark. Jurisdiction thus
extends to the edge (as determined above) of all such waterbodies, even
though portions of the waterbody may be extremely shallow, or obstructed
by shoals, vegetation or other barriers. Marshlands and similar areas
are thus considered navigable in law, but only so far as the area is
subject to inundation by the ordinary high waters.
(1) The ``ordinary high water mark'' on non-tidal rivers is the line
on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank;
shelving; changes in the character of soil; destruction of terrestrial
vegetation; the presence of litter and debris; or other appropriate
means that consider the characteristics of the surrounding areas.
(2) Ownership of a river or lake bed or of the lands between high
and low water marks will vary according to state law; however, private
ownership of the underlying lands has no bearing on the existence or
extent of the dominant Federal jurisdiction over a navigable waterbody.
(b) Upper limit of navigability. The character of a river will, at
some point along its length, change from navigable to non-navigable.
Very often that point will be at a major fall or rapids, or other place
where there is a marked decrease in the navigable capacity of the river.
The upper limit will therefore often be the same point traditionally
recognized as the head of navigation, but may, under some of the tests
described above, be at some point yet farther upstream.

 

[Capt.Erich]

Capt. Erich, let me put some names to the two communities. I live in Fairfield Harbour, and although the property owners on the shores of the man made lake very much dislike anchoring cruising boats, everyone understands that there is no way to prevent it. As I wrote earlier, the lack of land access tends to keep the number of anchoring boats to a minimum.

The new community that is claiming they have the right to exclude anchoring boats, is River Dunes, down the Neuse, between Oriental and the ICW turn into the Bay River.

Pete

I am very familiar with River Dunes. I did the underwater survey for the developer when he had the entrance canal dredged a few years ago. Given the location I doubt they will have to worry about any sizable boats getting in our out of the lake. At that time, they only had 6' - 8' of depth and no plans or permits to dredge any deeper. My report to the developer also included concerns about silting and the need for future dredging. The bottom was also littered with the stumps of giant Cypress trees from thousands of years ago. They were wreaking havock on the dredger.

It will be interesting to see how things play out.

 

[Trojan]

Don't confuse navigation with anchorage. Bear in mind the government can do most anything they want. Most anchoring in an area is and will always be governed by the land owner. Navigating in that body of water is anyone's option most of the time. If you can legally gain access to the body of water you can operate on it, but maybe not anchor everywhere. I am sure there are limits as to how close you can transverse or anchor near the Cape. Lake Erie has a limit on how close you can get to the 2 nuke plants and firing range. Yet the water is all navigable. If I were to put a ruling on this, I would say Check your local listing. Because the government rules Hell I don't think any of us know. Every place seams to have its own rules. Everyone has a different example. Boater beware. Most people don't know that the speed limit on any Michigan inland lake is 35 MPH max. They sure could put a crunch on water skiing, jet skis and bass boats if they wanted to.

BILL

 

[Jaxfishgyd]

I think it comes down to something very simple..

If you are anchored up and another boat comes up and says you have to leave.....

WHICHEVER BOAT HAS THE BIGGEST GUN wins......



Now, having said that..... I wll now be serious.

A few years ago I was fishing a canal in my flats boat off the ICW and was told by several of the homeowners I was "trespassing" in a private community.

It was connected to the ICW and I was using my trolling motor to cast up to the docks. And catching redfish and flounder......

A Florida Marine officer in a boat DID respond to their call and saw I was NOT tied to a dock and was "just using the waterway" so therefor was not in violation of any law.....