Update on Georgia Anchoring Law by Kim Russo
Our thanks to Ted Arisaka for this update from Kim Russo of AGLCA as posted on Forum and on Save Georgia’s Anchorages.
Update on Georgia Anchoring Law
If you’ve been following along with the rulemaking process to implement Georgia’s new anchoring law (HB 201) which gives DNR the authority to both require a permit for overnight anchoring and to determine where boats can and can’t anchor, we have an important update for you.
As of mid-September, DNR reports that they are still examining the possibility of requiring anchoring permits, but has no immediate plans for implementation. This is a change from the previously announced intention to require permits beginning next year.
In May, DNR issued a proposed rulemaking, which quickly caught the attention of boaters who were outraged by the idea of having to purchase a permit in order to anchor overnight in waterways in Georgia. After a public comment period with a high level of engagement from boaters, stakeholders including our coalition were invited to a meeting at DNR in July to further discuss ideas for implementation. At that meeting, DNR planned to go back to the drawing board and release a new set of permitting rules around October.
However, that plan has been abandoned for now. DNR currently has no immediate plan to move forward with the permitting process.
DNR is, however, moving forward with defining anchorage areas. The approved anchorage areas are expected be the whole state, minus shellfish beds and some setback from marine infrastructure. The setback distances for these anchoring exclusionary areas is still to be determined after additional input from marinas and other stakeholders.
While our group will remain vigilant as the rest of the rules pertaining to anchorage areas unfold, we view the current status as positive. The abandonment of permitting rules for the time being shows that the voices of boaters are behind heard. Many thanks to all of you who have taken part in this process to date.
Kim Russo
Comments from Cruisers (5)
There has been some encouraging news from Kim Russo and others about the ongoing DNR rulemaking phase for the HB 201 Anchoring Bill where DNR indicated they are not going to require anchoring permits starting on January 1, 2020 although they have not said permits are a dead issue either. Just as concerning is that Doug Haymans of DNR has said that the anchoring offset distances will be variable depending upon location and that marina owners will play a determining role in setting the distance from their marina! This is the fox guarding the hen house, is it not? Having variable setoff distances will make it nearly impossible for boaters to know what the setoff rule is for each location and allowing marina owners to determine the setoff distance from their marina is a problem because some marina owners want to eliminate all nearby anchorages. SGA and other boating groups have maintained that we do not support setoff distances of more than 150 feet and that this should be the rule in Georgia. We need to let DNR know that we do not support variable setoff distances, distances over 150 feet and do not support letting marina owners decide. Please contact DNR to voice your position on this: kelly.hill@dnr.ga.gov; tyler.jones@dnr.ga.gov
Bob Keller
Wally,
HB201 is still law, and will be until (hopefully) a revised version is passed in the next General Assembly, but without approved rules it is teethless. It is encouraging that DNR has decided to back off on any implementation of rules, but we still need to be concerned. Setback distances must eventually be addressed because of the passing of HB501, which establishes an aquaculture/oyster industry in the coastal area. Even though HB201 is independent of HB501 they are interacting as far as setbacks are concerned.
I would be surprised if DNR eventually establishes setback rules for only the shellfish beds. So setbacks from structures (my guessing here) will probably occur in the same rule. Director Doug Haymans has been consistent in saying that he does not think a uniform setback from structures (private docks, marinas, etc.) will work. The various groups protesting HB201 has offered 250' as a compromise distance that we will think will work. Any distance over 250' will affect anchoring near multiple marinas and this is a concern.
As far as permitting still being on the table, my understanding from the July 31 stakeholders meeting, is that DNR is willing to back off on this for short term anchoring, but the stakeholders and Director Haymans agreed that DNR must have some way of managing long term anchoring vessels, if they are allowed at all. Such vessels are problematic as they often become derelict and/or washed ashore during severe weather.
It's my hope that DNR will continue to reach out and work with the stakeholders so we can develop reasonable rules for anchoring concerns in GA coastal waters.
The fact that setback distances have not been defined as yet, and that the permit process is not entirely dead as we were told originally, leaves me with some concerns.
My understanding from others was that the permit process was dead. Apparently the DNR has changed its thinking on this, and that concerns me greatly. Furthermore, we have heard nothing as to the setback distances, and this may create additional problems. We need more than vigilance, we need to be speaking to these people and letting them know what is not acceptable.
We have shown that this is doable, because the DNR has backed off on its original plans… But the job is far from done in my opinion.
Update came from Kim Russo. I merely shared her post. Please correct attribution.