Anchoring In Florida

As with the majority of my blogs and articles, this article stemmed from a recent anchoring discussion on social media. When I read comments and responses related to anchoring, I will more often correct misinformation from posters and commenters who don’t understand fully the rules and regulations regarding anchoring.

Therefore, I am taking this opportunity to explain anchoring in Florida; not as a vessel designated as a live-aboard, commercial entity, or commercial fisherman, but as typical recreational boater that has rights to navigation.

For the intended purpose and simplicity of this article, I do not address anchorage regulations in Monroe county, Florida.

First and foremost, the laws that govern anchoring are in a constant state of consideration, proposal, and ratification. Meaning, by the time you read this article, the laws could have been changed or proposed to change.

In Florida, you may anchor ANYWHERE where the area is not designated by a “permitted” no anchorage sign, Florida statute and where navigation is not impeded (e.g. marked channels) for a max period of 45 days within a 6-month period. Then no closer than 1 mile from the previous anchor location should you need to extend an additional 45 days.

Simply stated, you may not anchor in an area designated by a permitted sign, that is to say a sign that has been approved and permitted by the State. These signs, which must adhere to the conformity with the United States Aids to Navigation System, a federal law, will have a permit number and in most cases an ordinance number. An example would be a sign indicating that there is a buried cable, sea grass, coral reef, etc.

The term “permitted” in laymen’s terms: If a no anchorage sign doesn’t have a permit number on the sign, it’s not enforceable. Local governments may post signs with an ordinance number; but, without a permit number, the no anchorage is not enforceable.

Additionally, the following areas are designated, by Florida Statute, no anchorage:

• Within 150 feet of any marina, boat ramp, boatyard, or other vessel launching or loading facility.

• Within 300 feet of a superyacht (120+ feet) repair facility.

• Within 100 feet outward from the marked boundary of a public mooring field or a lesser distance (if approved).

Regarding public mooring/anchorage fields; you may not anchor in and up to 100 feet of an established public mooring field unless there is a lawful right by contractual agreement (renting/leasing) or other business arrangement.

SPECIAL NOTE: There are exceptions to the bulleted items above under the following conditions:

• A vessel actively engaged in recreational fishing.

• The vessel suffers a mechanical failure.

• Imminent or existing weather conditions (e.g., a hurricane).

In addition, per Florida Statue, you may not anchor one-half hour after sunset and one-half hour before sunrise in the following areas:

• The section of Middle River lying between Northeast 21st Court

• Intracoastal Waterway in Broward County.

• Sunset Lake in Miami-Dade County.

• The sections of Biscayne Bay in Miami-Dade County lying between:

• Rivo Alto Island and Di Lido Island.

• San Marino Island and San Marco Island.

• San Marco Island and Biscayne Island.

Nor can you anchor be located in an area subject to ongoing hazardous water currents or tides or containing navigational hazards; and not be located within navigational channels, setbacks where anchoring is prohibited.

Therefore, under Florida law, a boater, engaged in the exercise of “rights of navigation;” and this includes recreational boaters…

A boater can not be restricted from anchoring by a county or a municipality unless the restriction is within a “permitted” mooring field. Cities and counties are expressly forbidden to legislate, continue in effect, or enforce any ordinance or local regulation, in this case anchoring; and, established by F.S. 327.60 (2).

Simply stated: Unless there is a “permitted” “No Anchorage” marker (sign) or in one of the bulleted items above or the areas identified by Florida Statute, AND you are a recreational boater, you can anchor anywhere you want and local governments can’t create no anchorage areas on their own.

Side Note: At one time there were certain urban areas in Florida that had City ordinances for no anchoring (a pilot program); but this pilot program was repealed in 2017. Those areas were the following:

• City of St. Augustine

• Monroe County (Florida Keys)

• City of Sarasota

• City of St. Petersburg

• Martin County, City of Stuart

Last, if a county or municipality enacts an ordinance to limit anchorage in an urban area the following provisions must apply:

• Be less than 100 acres in size and does not include any portion of a marked channel of the Florida ICW

• Not include any mooring field or marina

• Be clearly marked to ensure reasonable notice and understanding.

It is the responsibility of local governments to ensure that no anchorage areas are clearly and understandably marked by an appropriate marker that meets conformity with the United States Aids to Navigation System. Meaning the sign must look like other legitimate and approved markers.

FYI Side Note; this permitted sign requirement also applies to restricted zones (such as idle and no wake zones). Often, private citizens will purchase no wake signs from Amazon and mount them on pilings on their dock. These signs are not legitimate nor enforceable.

Last, unless you have a case of extreme emergency you may not anchor anywhere where you impede or obstruct vessel navigation in marked channels and established shipping channels; CFR 33.

Question: Can I anchor off the beach of a private residence, hotel and resort, county park, etc.?

Before I answer that question let me educate you on two laws: Riparian and Littoral Rights.

Riparian rights govern moving water (lakes and rivers) where the State not the owner owns the land underneath water and not subject to private ownership. These rights do not give the upland owner any ownership rights to the submerged lands, or any right to exclude the public from the navigable waters. However, landowners may build docks to gain access to navigable waters, but the docks may not impede navigation; the point at which the water depth is sufficient for navigation.

Littoral rights govern non-moving water (oceanfront or lakefront). The landowner owns the beach; but ends at the high tide (high water) mark. The land from the high-water mark to the body of water is available for public use, unless specifically prohibited by case law.

ANSWER: Yes, unless there is a “permitted” no-anchorage sign, you may anchor off any beach or shoreline; and may access the land so long as you do not travel beyond the land’s high-water (high tide) mark.

Federal Jurisdiction

The USCG also has authority to establish, amend, or remove anchorages within navigable waterways of the U.S. via the rulemaking process.

When a State establishes an anchorage area, it is often termed a managed anchorage mooring field (MAMF). Authority to establish MAMFs comes from each State’s Public Trust Doctrine, which preserves these areas for public use. Before a State establishes or regulates a MAMF, it first must follow the USACE permitting process, which includes a USCG review, to verify that the anchorage is not an obstruction or hazard to navigation.

In laymen’s terms, the federal government through the USCG is the governing authority and approval for anchorage.

One final thought...

What most don’t understand about rights to navigation is that local and State governments shall not restrict the basic right to navigate waters. For example, a person’s right to navigate waterways take precedence over a bridge and an automobile right to cross waterways.