Large boat moored in Longboat canal prompts examination of town rules

A simple question of maritime law has left a Longboat Key community flummoxed and the Town Commission searching for answers about how to find a suitable resolution.

Kathy Callahan, the president of the homeowners association of Country Club Shores I and II, brought a detailed presentation to the June 6 commission meeting regarding a large boat that has been moored in the canal and making navigation problematic since November.

Multiple agencies have inspected the stretch of waterway and have concluded that it is not a violation of current laws, and the commission has asked Town Attorney Maggie Mooney to investigate whether a new ordinance should be written.

“They’re looking into whether or not it’s appropriate to regulate the width or size of a boat,” said Town Manager Tom Harmer. “Some of the issues that were brought up there are: ‘Is that boat too big or too wide to be in the canal?’ We currently do not regulate that. 'Is it appropriate for the commission to regulate that?' 'And what issues should they be aware of legally?'”

Callahan’s presentation included a petition signed by 11 residents, and it also featured pictures of the channel and a detailed timeline of the issue’s development. The presentation states that the vessel was first moored at its location last November, and a photo exhibit purports to show that it is taking up more than 50% of the canal's width.

Initial complaints were received about the boat's positioning within days. The town dispatched a marine patrol boat to assess the situation in early November and found that navigation was not impeded.

Town management was again notified of the boat’s positioning in January, and it determined the canal was still navigable.

The Florida Fish and Wildlife Conservation Commission examined the issue in January and found that it was a local matter outside of its jurisdiction, bringing Callahan right back to the Town Commission.

“We did go through all the proper channels, notifying everyone and submitting all of our forms,” Callahan said of the process leading up to the presentation. “Unfortunately, because this is a gray area that nobody really wants to enforce, talk about or go any further, we’ve had no choice but to take up a petition and provide you with all the documentation necessary.”

The Town Commission discussed the situation June 6 and could not come to any hard and fast conclusions.

It found that existing regulations dictated how structures like docks can be built but did not include language about the size of boats. The relevant town ordinance says that structures may not project into the canal more than 30 feet or 30% of the total width of the navigable waterway.

Commissioner Debra Williams looked at the pictures provided by the presentation and said that it appears to represent a “clear violation” of keeping the center lane clear.

But actually doing something about it might require rewriting the law.

“The state of our law now has two components to it,” said Mayor Ken Schneier. “Our zoning law involves structures, and that is docks and other things that are affixed, … which I would assume includes platforms, boat lifts (and) anything else that’s attached. That’s where the 30 feet or 30% rule applies.

"The other part of the law is a rather subjective one, and that’s interference of navigation. That’s day by day. It’s not measured in feet or inches. It’s measured by whether there is a determination you can’t move the vessel down the canal.”

So what happens next? Harmer said that Mooney will investigate whether the town should write a new ordinance in order to deal with this boat and future cases of canal navigation.

If there are other complaints about the navigability of the channel, the town will investigate them and determine whether anything has changed. But otherwise, said Harmer, the town will hear Mooney’s recommendations in September when it returns from its summer break.

“Depending on what she says, if the commission does want to consider some type of ordinance, we’d have to bring that back through a public hearing process,” he said. “Right now we’re just working with the town attorney on her research. We’re not preparing an ordinance at this point because the commission hasn’t directed us to do that.”