Georgia Anchoring Wars

By James H. Newsome

Nine months ago, boaters were shocked to learn about House Bill 201 (HB201), Georgia’s new anchoring law, and quickly mobilized to voice strong opposition to the proposed rules and regulations. GA’s Department of Natural Resources (DNR) Coastal Resource Division (CRD) received a near record number of comments after a standing room only public meeting in Brunswick.

Representatives from DNR, national boating groups Including Americas Great Loop Association (AGLCA), Seven Seas Cruising Association (SCCA), Marine Trawler Owners Association (MTOA), DeFever Cruisers, National Marine Manufacturers Association (NMMA), Save Georgia’s Anchorages (SGA), Waterway Guide, SOUTHWINDS, Georgia Marine Business Association (GAMBA), and two legislators, met in a stakeholders meeting in late July to discuss boaters’ concerns with HB201. Some progress was made at the meeting as DNR announced they would not be implementing anchoring permits or fees.

Boating stakeholders felt that DNR would establish reasonable anchoring setback distances from marinas, marine structures, and shellfish beds. However, boaters were once again surprised when Commissioner Mark Williams issued an administrative order on December 30 creating 1000’ setbacks from all marine structures, and shellfish beds. The order also created special marina zones where the setback distance was reduced to 300’. Boating Stakeholders had asked for a uniform 150’ setback from all marine structures including marinas and shellfish beds.

Boating Stakeholders realized that a legislative fix was the only answer to finding relief from the draconian regulations resulting from HB201. GA Representative Ron Stephens, also a Great Looper, submitted House Bill 833 (HB833) to start the process of replacing HB201. Throughout the first six weeks of 2020, suggestions for improving HB833 were submitted to Representative Stephens while boaters were encouraged to contact GA’s Governor Brian Kemp, senators, and representatives to gain support for HB833.

BoatUS Vice President of Government Affairs Chris Edmonston issued a strong statement urging Governor Kemp to reconsider the restrictive anchoring regulations which run counter to the Public Trust Doctrine:

“The State of Georgia, as sovereign, is trustee of the rights of the people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine.” BoatUS included that the anchoring of vessels is an integral part of navigation.

The Boating Stakeholders group created the Georgia Anchoring Advocacy Fund and hired a lobbyist to push HB833 through the legislative process. DNR Commissioner Williams requested a teleconference with representatives of the Stakeholders group in order to find solutions to the problems caused by HB201. Over the course of four days in late February DNR Commissioner Williams, Representative Stephens, and a coalition from the Boating Stakeholders group hammered out changes to HB833, which would correct most of the problems with HB201 and would be acceptable to both DNR and boaters.

HB833 creates regulations for short and long-term anchoring including a permit process for long-term anchored vessels. Setbacks are established at 150’ for marine structures other than marinas which will be 300’. Setbacks from shellfish collection areas will be 500’. There are unique aspects to the approach GA is taking to regulate long-term anchored vessels. DNR wants the authority to prohibit vessels from anchoring long-term near private property. Longterm anchoring is defined as anchoring a vessel within a 5,280 foot radius of a documented anchoring point where a vessel is anchored for over 14 cumulative days in a calendar year. There are no restrictions for vessels being anchored near undeveloped shorelines.

The revised House Bill 833 still requires passage in the General Assembly and a signature by Governor Kemp. It will most likely become effective immediately upon being signed. Georgia’s new approach to the growing problem of unattended anchored vessels will need to be tested over the next year as the state is trying to find a balance between boaters and homeowners rights, as well as a solution to preventing future Abandoned and Derelict Vessels (ADV).

Visit Save Georgia’s Anchorages on Facebook at https://www.facebook.com/groups/SaveGeorgiasAnchor ages/for current developments in the anchoring issue. SOUTHWINDS will continue to follow this important story and provide updates in future publications.

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