State bill delays Longboat Key ordinance aimed at tighter canal regulations

For now, the proposed ordinance to regulate vessel sizes in Longboat Key canals is in limbo. 

Longboat Key’s Planning, Zoning and Building Department had been working on a new ordinance that would add to the current regulations on navigability through canals, but the passing of Florida Senate Bill 250 blocked that for the near future. 

Town commissioners recommended the department draft the ordinance during the February workshop, after residents expressed concern about larger vessels blocking the navigability of canals. 

Senate Bill 250 went into effect on July 1. Simply put, the bill prohibits counties and municipalities within 100 miles of Hurricane Ian's or Nicole's landfall from creating more restrictive regulations to comprehensive plans or land development regulations before October 1, 2024. 

Town Attorney Maggie Mooney spent some time reviewing the bill and how it would relate to the town’s possible ordinance. Ultimately, it was decided that the town would need to hit the brakes. 

In an email to town commissioners, Mooney said even the proposal of a related ordinance could lead to invalidity. The best course of action, she said, would be to wait until October 2024. 

The original canal issue specifically stemmed from an issue brought up about a boat moored near Country Club Shores. 

Kathy and Todd Callahan of Country Club Shores brought up the issue again at the Sept. 11 Town Commission meeting. 

Another resident at the meeting, Mike Percopo, said he had an issue with a contractor not being able to get through the canal because of a moored boat taking up more than 30% of the canal. 

The owner of the boat, Mark Antos, said he wasn’t aware of his boat taking up the canal and hadn’t heard about the contractor issue. He said if he had known, he would have done something. 

Kathy Callahan still sees this issue as a problem, saying that if it’s allowed just once then it will set a bad precedent. 

“I think this is a problem that’s not going to go away,” she said at the Sept. 11 meeting. “And we’re really looking for solutions from you to help us with this.” 

Previous issues

In June 2022, the Callahans and other residents, brought the issue to the town commission, which began a debate over whether the canal was navigable. 

Longboat Key Police Department sent its 32-foot Yellowfin marine patrol vessel to test the navigability and ultimately found it was able to get by. 

In November and December 2022, the town sent surveys to residents to get more feedback. Results were mixed, according to Planning, Zoning and Building Director Allen Parsons.  

Out of 89 surveys sent to canal-fronting property owners, only 11 were received back. Of those, most respondents said they hadn’t experienced issues with vessels impeding navigability. 

But, 9 out of 11 supported a potential new regulation to address vessels sticking out into the canal. 

In June 2023, the Callahans brought a petition signed by 11 other residents to the town commission. 

At the end of the workshop, commissioners directed the Planning, Zoning and Building department staff to draft the ordinance. 

Currently, the town ordinance prohibits structures from extending past 30 feet into the canal, or taking up 30% of the total canal. If each side of the canal has a structure taking up 30%, then 40% of the canal would be free. 

But this only applies to structures. 

The potential ordinance would allow for additional enforcement of vessels that may be sticking out past the 30% or 30-foot mark, because those vessels may potentially make the canal more difficult to navigate without bumping into boats. 

The police department has the authority to address the situation currently and would hypothetically handle regulating the new ordinance. 

Parsons said he was only aware of the one situation that was causing issues, located in Country Club Shores. 

But, he said when the time comes in October 2024, he believes the town will attempt the ordinance again. 

“We were given direction by the Town Commission to bring forward an ordinance and we were prepared to do that,” Parsons said. “Given that that Senate bill isn’t followed up by something else, we would be anticipated to bring it back following (the bill’s) expiration.”