THINGS TO THINK ABOUT WHEN CONTEMPLATING THE INSTALLATION OF A BOAT MOORING
The first thing to understand is WHO CONTROLS THE RIGHTS OF USEAGE OF THE WATERS AND THE SEABED OF PUGET SOUND
1. First, the waters.
Generally speaking, all of the waters of Puget Sound are subject
to the laws and rules of the U.S., the State, the U.S. Coast Guard and
the U.S. Army Corps of Engineers and are considered "navigable
waterways" under U.S. law. They are subject to international
navigation rules known as the COLREGS (International Regulations
for the Prevention of Collisions at Sea).
2. Second, the seabed.
TIDELANDS.
In Washington State, a large percentage of the seabed out
to a line defined as "mean lower low water", i.e. a fairly low low tide
line, are owned by the "uplands" owner, i.e. the owners of the land
coming down to the shore. These seabeds are called by most people
the "tidelands." These are therefore "private property."
SEABED BEYOND OR DEEPER THAN "MEAN LOWER LOW WATER."
This is the seabed that is always covered by water.
It is owned by the State of Washington and managed by the
Washington State Department of Natural Resources. The DNR in turn
is obligated to work with other "interested parties" e.g. the Tribes,
the USCG, the USCE, Fish and Wildlife and others to be sure that the
use of the seabed by anyone does not infringe on the rights or uses of
others. HOWEVER, in the case of moorings, the state
considers that the owner of the adjoining uplands and tidelands have
some precedence in the use of the non-tidal seabed, between the two
property lines projected seaward from the owner's uplands property, as long as that use does not unduly interfere with the rights of other users of the surrounding waters.
Which leads us to the two types of possible moorings: LEGAL AND NOT LEGAL.
NON-LEGAL MOORINGS.
Any mooring which has been placed anywhere in Puget Sound
in waters that are beyond the mean lower low water, i.e. in a location
that never dries out between tides, without a permit from the state, is illegal,
unless
the person who places and owns the mooring can prove some sort of
ownership of that seabed, which in this state for a private citizen is
not likely. There are a number of contractors who will be happy
to come out and drop an anchor, usually a one-ton ecology block, with
chain and a buoy, anywhere you tell them to drop it. Or boat
owners have used a variety of ingenious methods of floating out
and sinking various kinds of weights with attached chain and buoy. The
truth is that the majority of moorings in this state are illegal.
However, state resources for enforcing the law are very weak
and citations for such violations seem to be rare.
All of the small bays around Puget Sound have multitudes of
moorings, most likely with a majority lacking formal state
permits. Around Camano Island, the shallows in front of the
Country Club and just off the county park at Utsalady are prime
examples.
Camano Sail and Power, LLC will not place moorings which lack a state permit due to the risk to our Coast Guard license.
LEGAL MOORINGS
Tidelands.
If you are the owner of tidelands, you may install a mooring anchor on
that part of the seabed that lies above mean lower low water, i.e. on
seabed that dries out during one of the lowest of tides, without a
permit. If you do not own the tidelands, then clearly you need
the permission of the owner of those tidelands.
Below tidelands.
That is, in waters that never dry out. First, you must be
the owner of the adjoining uplands. Second, you need a permit
from the Department of Natural Resources. Our information as of
2009 is that they will allow one mooring per waterfront lot at no DNR
charge beyond the fees for the initial permit. We believe that
additional moorings per one lot will be charged an annual lease fee.
O.K., SO NOW WHAT??
If you do not care if the mooring is legal or not, then
you do whatever you need to do and cross your
fingers. If you do care about legality, then we would
be happy to talk to you.
The first step is to make sure that you own the lot, waterfront and tidelands.
The second step is
for us to determine what size boat you plan on mooring and during
which months (summer months have fewer high wind and wave incidents
compared to fall, winter and spring and the design of the mooring must
take the season into account).
The third step is
to use the data from the first step to determine what depth of water
will be appropriate, taking into account the tidal range and other
factors.
The third step assuming you own the
uplands and waterfront and tidelands, is to have a seabed survey done
to determine if there are kelp or eelgrass beds present in the water
where you propose to set the mooring. The DNR and Fish and Wildlife
will not permit moorings that substantially endanger or degrade these
two very important fish habitats.
This survey is usually done by a
scuba diver, underwater camera or some combination thereof. This survey will result in a
map of the seabed showing the areas that are suitable for a mooring.
The fourth step is to make a formal application to the DNR for a permit
to install a mooring. At this point, once the DNR has your
application in hand, they circulate it to other interested agencies and
groups, including the Tribes. This is often just a customary
formality resulting in no objections. But, depending on the
location, someone like Fish and Wildlife or the Tribes could make a
request for some change in your plans. This is uncommon but not
unheard of.
The fourth step is for Camano Sail
and Power LLC to design the mooring that is satisfactory given the
depth of water, tidal range, size of boat, expected weather, and
following some guidelines laid out by the DNR etc.
The fifth step is for us to install the mooring in a manner that is approved by the DNR.
BOTTOM LINE These numbers are approximate because of all of the variables involved.
Preliminary consultation to gather information from client on their
planned uses of the mooring.
no charge if local.
Seabed
survey by an independent subcontractor
$500-2000
Completion and submittal of application to DNR by Camano Sail and Power
on behalf of client
$200 plus DNR
fees
Design
and installation of anchor, chain and buoy (includes two annual
complimentary inspections) min. $1000.