Docks, Marinas, Waterfront Properties, and Other Riparian Rights

What do docks, marinas, waterfront properties, and other riparian rights entail?

Riparian rights refer to the legal interests and entitlements of landowners whose property is adjacent to bodies of water, such as rivers, lakes, or oceans. In Florida, riparian rights encompass a variety of privileges, including the right to build docks, access marinas, and utilize waterfront properties.

In environmental law, riparian rights often intersect with regulations designed to protect water quality, preserve natural habitats, and ensure the sustainability of coastal and aquatic ecosystems. For example, the Florida Department of Environmental Protection (DEP) regulates the construction of docks and marinas, requiring permits and adherence to specific design criteria. Additionally, the Environmental Protection Agency (EPA) enforces federal laws, such as the Clean Water Act (CWA), which can impact the exercise of riparian rights.

Two examples of riparian rights in Florida include the right to construct a dock on one’s property as long as it complies with DEP regulations, and the right to access and utilize a marina for boating and recreational activities, subject to local zoning ordinances and environmental regulations

Need help regarding environmental due diligence, permitting, mitigation, or compliance? Schedule your consultation today with a top environmental law attorney.

Which laws and regulations apply to docks, marinas, waterfront properties, and other riparian rights in Florida?

Several Florida and federal laws and regulations impact docks, marinas, waterfront properties, and other riparian rights. At the state level, the Florida Statutes provide a framework for riparian rights, including ownership, access, and use of submerged lands. In addition, the Florida Administrative Code contains specific regulations governing the construction and operation of docks, marinas, and other waterfront structures.

Federal laws that apply to riparian rights in Florida include the CWA and the Rivers and Harbors Act. The CWA regulates the discharge of pollutants into navigable waters and requires permits for activities, such as dredging and filling, which can impact riparian rights. The Rivers and Harbors Act prohibits unauthorized obstructions to navigable waters and requires permits for certain activities, including the construction of docks and piers.

In addition to statutes and regulations, Florida and federal court decisions guide the interpretation and application of riparian rights in environmental law matters. These decisions address issues such as the extent of riparian rights, conflicts between private property owners and public interests, and the balance between environmental protection and economic development.

What are common issues regarding docks, marinas, waterfront properties, and other riparian rights that lead to litigation?

The following issues are among the most common in actions regarding docks, marinas, waterfront properties, and other riparian rights in environmental law matters:

• Boundary disputes: Conflicts may arise over the precise location of property lines and ownership of submerged lands, particularly when constructing docks or other structures.
• Nuisance claims: Neighbors might allege that a waterfront property owner’s activities or structures interfere with their enjoyment of the water or cause environmental harm.
• Permitting and zoning: Property owners may face legal challenges if they fail to obtain necessary permits or comply with zoning regulations for waterfront structures or activities.
• Public access: Conflicts can occur when private property owners restrict or prevent public access to navigable waters, which may be considered public resources.
• Environmental impacts: Property owners may face legal action if their waterfront activities negatively affect protected species, habitats, or water quality.
• Dock and marina management: Disputes may arise over managing shared resources such as docks or marinas, particularly regarding maintenance and user fees.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What claims about docks, marinas, waterfront properties, and other riparian rights do plaintiffs generally bring to court, and what are common legal defenses to those claims?

Common claims that real estate developers and businesses face related to docks, marinas, waterfront properties, and other riparian rights include:

• Trespass or encroachment claims
• Violations of permitting or zoning regulations
• Infringement of public trust doctrine
• Breach of contract or lease agreements
• Nuisance or environmental harm claims

Common legal defenses real estate developers and businesses raise against these claims include:

• Statute of limitations: Asserting that the plaintiff’s claim is time-barred because it was not filed within the required timeframe.
• Laches: Arguing that the plaintiff unreasonably delayed bringing the claim, causing prejudice to the defendant.
• Prescriptive rights: Asserting that the defendant has acquired the right to use the disputed property through long-standing, open, and continuous use.
• Compliance with laws and regulations: Demonstrating that the defendant has obtained all necessary permits and complied with applicable laws and regulations.
• Waiver or estoppel: Claiming that the plaintiff has waived their right to challenge the defendant’s activities or is estopped from asserting their claim due to their actions or representations.

Please contact our office to set up your initial consultation to see what actions or defenses may be available for your unique situation.

What are effective measures to minimize the risk of litigation over docks, marinas, waterfront properties, and other riparian rights?

To mitigate the risk of litigation over docks, marinas, waterfront properties, and other riparian rights, consider the following measures:

• Proactive research: Understand the applicable federal and Florida laws, regulations, and zoning requirements to ensure compliance when developing or managing waterfront properties.
• Obtain necessary permits: Before undertaking any construction or modification projects, obtain all required permits and approvals from relevant agencies, such as the Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers.
• Engage in proper boundary delineation: Work with land surveyors to establish accurate property lines and boundaries, particularly for submerged lands, to avoid disputes with neighbors and regulatory authorities.
• Adhere to environmental best practices: Implement environmentally friendly procedures and protocols to minimize adverse impacts on protected species, habitats, and water quality.
• Develop and maintain good relationships with neighbors: Foster open communication and cooperation with neighboring property owners to address concerns and resolve disputes before they escalate to litigation.
• Consult with legal experts: Seek advice from attorneys experienced in environmental law and riparian rights to help navigate complex legal issues and ensure compliance with all applicable laws and regulations.

Frequently Asked Questions

1. Can I build a dock on my waterfront property without obtaining any permits?

No, constructing a dock on your waterfront property typically requires permits from local, state, and federal agencies. For example, in Florida, you may need approval from the EPA, FDEP, and any applicable local authorities.

2. Is there a limit to the size of my dock or marina?

Yes, local zoning regulations and state or federal laws often impose size limitations on docks and marinas. However, these limits may depend on factors such as shoreline length, water depth, and environmental considerations. Therefore, it’s essential to consult with relevant authorities and legal experts to ensure your project complies with all applicable restrictions.

3. What can I do if a neighboring property owner blocks water access or creates a nuisance?

If a neighboring property owner interferes with your riparian rights or causes a nuisance, consider discussing the issue directly to find a resolution. If this doesn’t resolve the issue, consult with a qualified attorney specializing in environmental law and riparian rights to assess your legal options, which may include mediation, negotiation, or litigation.

Have more questions about an environmental law-related situation?

Crucially, this overview of docks, marinas, waterfront properties, and other riparian rights does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.