Our thanks to Kim Russo and Jack White for their efforts to protect the rights of boaters in Georgia. See Georgia Anchoring Regs.

Thanks for your patience, everyone, as we continue to gather information about the new rules on anchoring in Georgia.

Below is an op-ed written by one of our coalition partners, Jack White. Jack is a former Georgia state legislator and I think his explanation/summation of what has happened is spot on. Following Jack’s op-ed is a bit more of my take on the topic.

Kim

Betrayal of the public trust

Remember when you were in school and a few kids did something wrong and the whole class got punished? If so, then welcome to legislation—Georgia style! Georgia is now home to the most restrictive boater legislation in the nation. This past week the Coastal Resources Division (CRD) of the Department of Natural Resources (DNR) posted the announcement of the implementation of HB201 on their website. You may recall this is the bill I warned Liberty and Bryan County residents about last summer. A hodgepodge of disjointed topics, the bill included anchoring permits, logs of pump-outs, fees and the establishment of anchorage areas. Did you catch that folks? Not just authorization to tell you where you CAN’T anchor but where you CAN anchor. The announcement this week (via Administrative Order from DNR Commissioner Mark Williams) graciously informs the public that “The Commissioner hereby ORDERS that anchorage areas for the purpose of overnight anchoring are established throughout all the estuarine areas the state…”. In other words, a right we have enjoyed for centuries in waters most boaters and boating organizations believe to be federally controlled (see the commerce clause of the US Constitution) has been granted to us by the DNR. This should be challenged in a court of law.

If you go onto the DNR website they will tell you “HB201 is a new law that mainly affects waste discharge from vessels with marine sanitation devices (MSDs) and overnight anchoring in coastal waters”. Folks, this is disingenuous at best. HB201 was NEVER about a concern over the cleanliness of Georgia’s waters. It was about getting rid of a couple of nuisance boats in the coastal Georgia area to make a couple of powerful people happy. It was their scenery that was getting polluted—not the water. To fix their problem, Representative Don Hogan (Brunswick, Ga) with the help of others crafted HB201 at the urging of DNR. Why? Because DNR needed a way to make these 2 complaints go away and establishing setbacks under the guise of clean water was deemed the answer. The hen has now come to roost in the form of this new DNR Administrative Order which outlines the following:

ONE. It restricts overnight anchoring within 1,000 feet (that’s over 3 football fields) of any structure, such as public and private docks, wharfs, bridges, piers and pilings, except in areas near marinas. This 1,000’ offset needlessly eliminates anchorages all over the state. It will affect numerous boaters many of which transit Georgia waters as part of the annual migration along the Intracoastal Waterway (ICW) that brings in millions of dollars to Georgia businesses. Additionally, an unintended consequence of this ill-conceived legislation is that it gives private landowners jurisdiction over public waters free of charge with no need for a bottom lease from the state. Essentially waterfront owners now control thousands of acres of public water at no cost. I seriously question the legality of this action and challenge any attorney reading this to take action.

TWO. Commissioner Mark Williams and the DNR have created an animal known as Marina Zones, which wasn’t even in HB201. These will allow boaters to anchor as close as 300 feet to marinas or facilities that provide fuel, dinghy access, provisions, vessel maintenance or other services, regardless of whether other structures exist nearby. This of course begs the question, if we can anchor 300’ from a marina, where there are numerous comings and goings, why are we prohibited from anchoring 300’ from any other structure where there may be no or very limited activity? It makes zero sense but then it doesn’t have to as long as it makes the two waterfront owners happy. It would seem the needs of the few outweigh the needs of the many.

Many boating groups to include the National Marine Manufacturers Association (NMMA), Boat US, Seven Seas Cruising Association (SSCA), Marine Trawler Owners Association (MTOA), American Great Loopers Cruising Association (AGLCA), and the Atlantic Intracoastal Waterway Association (AIWA) were never consulted before the legislation was passed. Most importantly, the general boating public was unaware of the bill until it had already passed. A public hearing occurred on June 17 in Brunswick where we voiced our concerns and were assured no rules would be implemented until they were vetted with the boating public. Afterwards, at a July 31st Stakeholders’ Meeting, which I and several boating representatives attended, we collectively recommended 150’ setbacks from marinas and private structures. Personnel at DNR were informed that a 1,000’ setback was far too large yet that has now been implemented.  So much for transparency and open dialogue with the public.

The General Assembly didn’t just take away the freedoms of Georgians, they also took away the freedoms of every American transiting our waters from other states. DNR never had any intention of engaging any of the end users–Georgia boaters and visiting boaters to the coastline of Georgia. Actions speak much louder than words.

So, what can we do? I invite the citizens of coastal Georgia to join me in writing and calling both the Governor’s office as well as the Commissioner of DNR.

Governor Brian Kemp
206 Washington Street
Suite 203, State Capitol
Atlanta, GA 30334
Phone Number: 404-656-2846
Toll Free: 1-800-436-7442
Contact via web form: https://gov.georgia.gov/contact-us/constituent-services

Commissioner Mark Williams
2 Martin Luther King, Jr. Drive, SE
Suite 1252 – East Tower
Atlanta, GA 30334
Phone number: 404-656-3505
Contact via web form: https://gadnr.org/sendemail

Maps of restricted anchorage areas by county can be found here:
https://coastalgadnr.org/Liveaboards

//Signed//
Jack White
Boater, Liberty County resident & former Ga State Representative, House District 3

As Jack eloquently shared, stakeholders (including AGLCA) were invited by DNR to a meeting because they said they wanted our feedback as they crafted the implementation rules associated with HB201.  It was my understanding leaving that meeting, and from subsequent phone contact, that we’d be kept informed of progress and given the chance to preview the new rules before implementation to provide comment.  We were blindsided by the order two days before it took effect.  

Our coalition has been making calls and gathering information, and has not found a group that suggested 1,000-feet as a setback.  There seems to be no explanation as to how that distance was selected.  It appears that even marinas, who some think have the most to gain when boats cannot anchor overnight, appear to have suggested a setback far less than 1,000-feet.  And even Florida, where there are constant challenges to the right to anchor, has setbacks of only 150-feet.

There is some good news.  First, the wheels are in motion for a potential legislative change that we hope will undo the problems inherent in HB201.  We will provide more details on this as soon as we are able.  Second, groups much bigger than ours, with a lot more clout, are just as outraged as we are.  We hope to make more details about their efforts available soon as well.  

In the meantime, Jack’s suggestion of letter-writing to Commission Williams and Governor Kemp (see address information above) is our next course of action.  Please take the time to write.  Remember to be respectful, specific, and concise about how this administrative order will affect you.  For your convenience, the order is available here.  

Please let me know if you have any questions or concerns.

-Kim

Kim Russo
Director
America’s Great Loop Cruisers’ Association

Our thanks to Roger Long for sending these latest updates on the restrictive anchoring regulations in Georgia.

1/5/20 The official DNR map has been posted. All of Brickhill Creek is excluded due to leased oyster areas not shown on the map I was working from in my earlier comments. There is now no well protected legal anchorage for visiting the northern part of Cumberland Island.

The southern part of the island is all shown as open. The DNR may be recognizing National Park Service control of those waters. However, other areas on the southern portion of the map are not excluded which would be if the same standards were used as farther north. I suspect the map is simply incomplete at this point and we will gradually see it filled in.

Roger

Click here for Coastal Anchoring & Discharge

GEORGIA 

DEPARTMENT OF NATURAL RESOURCES 

BRIAN KEMP GOVERNOR 

MARK WILLIAMS COMMISSIONER 

ADMINISTRATIVE ORDER 

BY THE COMMISSIONER 

WHEREAS: The General Assembly declared though the Coastal Marshlands Protection Act, 

O.C.G.A. 12-5-280 et seq. that the coastal marshlands of Georgia comprise a vital natural resource system and that the coastal marshlands provide a natural recreation resource which has become vitally linked to the economy of Georgia’s coastal zone and to that of the entire state. It further stated that coastal marshlands are costly, if not impossible, to reconstruct or rehabilitate once adversely impacted by man’s activities and that activities in the coastal marshlands must be regulated to ensure the values and functions of coastal marshlands are not impaired; and 

WHEREAS: O.C.G.A. 52-7-3 (25) defines vessel as every description of watercraft, other than a 

seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels; and 

WHEREAS: O.C.G.A. 52-7-8.4(b)(1) defines anchorage areas as those areas established by the 

department within estuarine areas whereby a vessel may anchor at night; and 

WHEREAS; O.C.G.A. 12-5-282 (7) and 52-7-8.4(b)(3) define estuarine areas as all tidally 

influenced waters, marshes, and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and below; and 

WHEREAS: O.C.G.A. 52–7-8.4(b)(5) defines night as between the hours of 30 minutes after 

sunset and 30 minutes before sunrise; and 

WHEREAS: O.C.G.A. 52–7-8.4(d) authorizes the Department to establish anchorage areas within 

the estuarine areas of this state as well as areas where anchoring is not allowed. 

NOW THEREFORE, based on the foregoing, the Commissioner hereby ORDERS that anchorage areas for the purpose of overnight anchoring are established throughout all the estuarine areas of the state EXCEPT FOR THE FOLLOWING estuarine areas that are specifically excluded as anchorage areas: 

1) Within any marked navigational channel; and 2) Within 1,000 feet of any Department approved marked shellfish lease area or 

public shellfish picking area; and 3) Within 1,000 feet of any structure, such as wharfs, docks, piers, pilings, bridge 

structures or abutments, except for areas within Marina Zones. A Marina Zone shall be delineated as the area between 300 feet and 1,000 feet of a marina or facility providing fuel, dinghy access, provisions, vessel maintenance or other 

2 Martin Luther King Jr. Drive, S.E.. Suite 1252 | Atlantil. Georgia 30334-9000 

404.656.,7500 Fax +44,656.0770 | www.gadar.org 

boating services, regardless of whether other structures exist within the marina zone. Overnight anchoring is allowed within Marina Zones. 

FURTHERMORE, the anchorage areas established by this Administrative Order shall not be considered “designated anchorages” for the purposes of O.C.G.A, Section 52-7-11(d). 32-point white stern lights are required to be displayed during hours of darkness or low visibility when anchored in anchorage areas established by this Administrative Order. 

FURTHERMORE, it is the sole responsibility of the vessel operator to determine a safe anchorage area for their vessel depending on current environmental factors and the Department has no responsibility in this part. 

FURTHERMORE, this ORDER does not authorize the placement or installation of mooring balls within the estuarine area of the state. 

This 30% day of December 2019. 

Marklillas 

MARK WILLIAMS COMMISSIONER OF NATURAL RESOURCES 

See also Latest Georgia Anchoring Regs

New coastal boating laws take effect in Georgia

BRUNSWICK, Ga. (Jan. 3, 2020) — The new year brings with it new coastal boating laws. House Bill 201, passed by the 2019 Georgia legislature and signed by Gov. Brian Kemp, became effective Jan. 1, 2020.

The new law mainly affects waste discharge from vessels with marine sanitation devices (MSDs) and overnight anchoring in coastal waters.

Also during the 2019 session, the legislature passed groundbreaking shellfish laws which, when fully implemented, will enable the state to develop an oyster industry similar to surrounding states.

“Maintaining good water quality by minimizing waste discharged into estuaries is fundamental to a successful oyster industry,” explained Doug Haymans, director of the Coastal Resources Division (CRD) of the Georgia Department of Natural Resources (DNR).

“Waste, whether chemically treated or not, can be harmful to sensitive marine environments such as Georgia salt marshes,” Haymans said. “The U.S. Environmental Protection Agency (USEPA) recognizes such, and through the Clean Water Act, allows states to regulate the use of MSDs on houseboats, or as defined in this bill, ‘liveaboards.’ Short of the USEPA creating No-Discharge Zones in coastal Georgia, the state chose to regulate the discharge of all waste from liveaboard vessels, whether treated or untreated, from any Type I, II, or III MSDs.”

The boating law and shellfish law are bound together by water quality. Vessel owners with MSDs are now required to secure the device in such a manner that they can only be pumped out.  There are 19 sanitary pump-out stations along Georgia’s coast.   A map of coastal Georgia’s pump-out stations is available at https://coastalgadnr.org/Pumpout.

Examples of proper securing of MSDs include closing the seacock and padlocking it, using non-releasable wire ties or removing the seacock handle with the seacock in the locked position.  Vessel owners may also choose to dump their holding tanks three or more miles from Georgia’s shoreline.

H.B. 201 also authorizes DNR to establish where overnight anchoring may occur.  On Dec. 30, 2019, DNR Commissioner Mark Williams signed an Administrative Order (AO) establishing restrictions in some sensitive areas. 

The AO restricts overnight anchoring within 1,000 feet of marked shellfish beds, whether commercial leases or public-picking areas. 

“The idea is to protect submerged oyster gear from anchor entanglement and to reduce the likelihood of waste being accidentally discharged near the oyster beds, again tying the two new laws together,” Haymans said.

The AO also restricts overnight anchoring within 1,000 feet of any structure, such as public and private docks, wharfs, bridges, piers and pilings, except in areas near marinas. Commissioner Williams has created “marina zones,” which allow boaters to anchor as close as 300 feet to marinas or facilities that provide fuel, dinghy access, provisions, vessel maintenance or other services, regardless of whether other structures exist nearby. Boaters may anchor overnight within these marina zones.  It should be noted that the 1,000-foot exclusion zone applies to the vessel’s swing circle.

This law change, and the associated administrative order, is not intended to restrict or impact boaters engaged in fishing and other recreational activities in Coastal Georgia. The intent of the change and enforcement will be to prohibit overnight anchoring in locations that could degrade shellfish production, cause navigation hazards, or create conflicts between waterfront homeowners and the boating public.

 “We want everyone to know that Georgia’s coastline is open to all boaters while we work to provide clean, quality resources for everyone to enjoy,” Haymans said.   

Anyone with questions may contact CRD’s communications specialist, Tyler Jones, at tyler.jones@dnr.ga.gov or by calling 912-264-7218. For more information, including interactive and downloadable maps of prohibited anchoring areas, visit www.CoastalGADNR.org/Liveaboards.

To view this press release online, visit click here. 

To view the administrative order, click here

To view the Georgia law, click here.