Riparian rights and Moorings

KingAirDriver · May 27, 2013

I would go out there and cut the darn thing. He placed it, you can remove it.

Crappy situation, keep us posted.

centerline · May 27, 2013

every state is different..... and the counties within the state can vary even further.

but in my state, in all public waters you have to apply for, and purchase a permit before building a dock or sinking a permanent mooring.... but any body of water such as a private lake is exempt from needing permits.

and there are also rivers here that, although the water flowing in them is public domain, the river bottom is taxed (hence, owned) by the land owner.... so anchoring is trespassing, and prohibited without permission, but floating thru is legal.

it sounds as if you are on public water..... there should be regulations on where a mooring buoy can be placed.... such as how far from a dock it must be, and whether it obstructs the approach or departure of boats using the dock....

and as far as partying all night, there are noise laws that can be enforced if you file a complaint.... and the drinking and driving laws apply to boaters as well....

the legal rights you have are all going to be gray, without any real hard definition, but then so are his. the law will side with him as he has the right of freedom to do as he pleases, unless there are written laws prohibiting whatever it is, specifically, that he is doing wrong.... such as possibly encroaching on your "property"...

kenn · May 27, 2013

I guess your riparian rights are whatever is spelled out in your deed, or the conventions of your county or state.

I don't think one can just drop a mooring any old place in a public waterway. That might be the first point of attack in any case.

AWalker · May 27, 2013

I'd just cut it as well. He will get tired of replacing it eventually and move somewhere else eventually. Either that or put one in front of is folks place with a garbage barge on it.

Ross · May 27, 2013

I would replace a short length of the cable with clothesline.

thinwater · May 27, 2013

In Maryland...

The notion that riparian right extend to mid-river is illogical on the face of it; that would make moorings illegal, which is simply not the case. While you have rights that include crabbing and gunning that extend outwards, your right to place a dock extends only to the edge of a useable channel, not the center of a river. Riparian rights do not give you ownership of the land extending from the property--you don't even own the beach below the high tide mark--they only give you the right to access the water, which is considered to be a part of water front property.
http://sail-delmarva.blogspot.com/2011/08/whos-beach-is-it-anyway.html

From the MD court of appeals:
“It is well established that the title to land under navigable water is in the State of Maryland, subject to the paramount right of the United States to protect navigation in the navigable waters.
The owner of the fast land, however, has a common law right to land formed by accretion adjacent to the fast land and has the right of access to the navigable part of the river in front of his fast land, with the right to make a landing, wharf or pier in front of his fast land, subject, however, to general rules and regulations imposed by the public authorities necessary to protect the rights of the public...."

(note that this says "access to the navigable part of the river, not to the center of the river)

Permits are not required for single moorings, only for groups. You misquoted.
http://www.dnr.state.md.us/boating/srmbuoys.asp

While it is possible that the mooring lies within an area where you could build a dock, it is probably further out than that. In any case, it seems quite legal.

To suggest vandalism is to suggest criminal activity. Shame on you.

Witzend said:
I was wondering if anyone has any background knowledge concerning riparian rights, or whether this even applies to riparian rights?

I own a water front property on the Elk River.

We have an HOA association that has a community access adjoining our southern boundary.

One of the community home owner's kids has placed a mooring ~75 directly off the end of my dock. Can he legally do this?

This is now the second mooring he has placed, although the first one is in front of the community access.

Here is what I have found out so far:

1) I believe my Riparian rights extend to the middle of the river. This does not mean I can install a dock or place a mooring to the middle of the river, but it does exclude anyone else from doing so within my extended property lines.
"08.04.13.06. 06 Property Rights.. The placement of a mooring pursuant to these regulations does not create a property right or an exclusive privilege and does not authorize an infringement upon the rights of any riparian property owner."

2) He has essentially created a group mooring by having multiple moorings and thus would need a permit.
" 08.04.13.03. 03 Group Mooring Registration.. A. A person may not establish a group mooring unless validly registered with the Department or a designated local government authority.B. Mooring registration forms are available from the Maryland Department of Natural Resources, 580 Taylor Avenue, Annapolis, Maryland 21401.C. Registration for group moorings shall be on a form provided by the Department, and registration shall contain the followin1) The name of the person applying for the moorings;.

These regs. are found at:
http://www.dsd.state.md.us/comar/SubtitleSearch.aspx?search=08.04.13.*

The kid who has done this claims that "You don't own the water so I can do as I please as long as it is further from shore than the length of your dock" so he is refusing to move it. So far, he has not used this mooring for his own boat, but rather allows his buddys to and then party all night.

I believe he has encroached on my rights and has obstructed my view.

Hope someone can further shed some light of the situation.

Douglast · May 27, 2013

my, the fish have big teeth in that river

anchorclanker · May 27, 2013

my, the fish have big teeth in that river

Yes they do. I also go along with rope separation suggestion. Its much less confrontational.

Douglast · May 27, 2013

Witzend said:
The kid who has done this claims that "You don't own the water so I can do as I please as long as it is further from shore than the length of your dock" .

so if you have a six foot dock he can park just past 12 ft out..??...something doesn't jive with that argument he is using..

Does he not have any sensible older family members that can be made aware of the issue the location is possibly causing that a simple relocation would avoid..

LloydB · May 28, 2013

While you have rights that include crabbing and gunning that extend outwards... My mind takes me back to those black and white movies where hunters and Jungle Jim waited in the blind as the drummers and beaters sent the ... crabs? ...scurrying before their guns?. Just gotta say you guys take your crabbing serious.

Mulf · May 28, 2013

From the Maryland DNR Site

Would this be any help?

Required Placement

Single recreational moorings shall be placed in such a position that the area encompassed by the arc of the swing does not extend more than one-third the open water distance from the mean high water line on one shore to the mean high water line on the opposite shore. Also, the arc of the swing must not impede or obstruct access to the land of any riparian property owner, the access and proper use of any public access point, or otherwise hinder the orderly access to and use of waterways by the general public.

Why don't you call and see if they can help:
Chesapeake Bay Hotline

Call 1-877-224-7229

Chris Patterson · May 28, 2013

He drags that boat up off of a lee shore a few times, he'll probably figure it out..

jimmcgee · May 28, 2013

Mulf has the right idea. Get the Maryland DNR involved. I'd be surprised if there isn't some sort of process for permitting a mooring and it sounds like his placement might be considered a hazard to navigation.

Another thought would be to reach out to the kid's parents. Responsible parents aren't thrilled when their children's actions are disturbing the neighborhood. Five seconds into the conversation you'll know what kind of parents you're dealing with. You may also have leverage with the HOA.

If there's a loud party at 3AM let the cops deal with them that's their job.

Another tack would be to talk to the kid and tell him "Hey, I have no problem with you partying out there so long as you wrap it up by 11 and pick up your trash". I did this with kids who were partying in the woods behind our house and things settled down.

Picking a fight with a teenager, especially an irresponsible one, isn't a good idea. You go to work everyday so the house is predictably empty. You vandalize the mooring and you may find much worse done to your home when you get home from work.

Bottom line -- you have options.

Scott T-Bird · May 28, 2013

It's too bad you didn't put your own mooring there first. Maybe you can work out a friendly arrangement where you have use of it as well for your friends. You call him a kid, but it sounds like he may have already researched the situation. 75' off your dock doesn't sound like too much of an infringement and the arc of the swing may be within the prescribed limitations.

Vandalising the mooring is definitely NOT a good idea. You'd have to be insane to pick a fight with somebody who knows where you live ... unless you can go without sleep for days at a time.

RichH · May 28, 2013

In Maryland, the county courts have primary responsibility for moorings and their 'disagreemeents'. Suggest you first check out what Cecil County has to 'say' about your situation.
In the next county down (Kent County) there have been literally 'mooring wars' over just this sort of thing, and the landholder with riparian rights usually has the 'upper hand' even with groups of mooring fields by commercial mooring holders. The county authorities will follow the MD DNR regs.; and, will adjudicate locally if necessary. The 'complication' of riparian rights in MD occurs 'below' the Mean High Water line which by state law is 'public property'; but under jurisdiction of county then state; and, you can only prevent access above the mean high tide line on the beach.

Obviously a mutual and friendly agreement with your errant mooring person is the best approach.

rgranger · May 28, 2013

:+1:

Ross said:
I would replace a short length of the cable with clothesline.

Good one!!!!

Stu Jackson · May 28, 2013

Have you considered talking to the kid's parents?

Roadking Larry · May 28, 2013

Nobody has mentioned the obvious.

If, after a polite attempt to discuss the issue with the offending parties has no results, consulting a lawyer that is knowledgeable in that area of law might be good idea.