Boat Docks: Private Property Or Public Access?

The question of whether boat docks are private property is a complex one and depends on several factors, including the location of the dock, the type of waterway, and local laws and regulations. In general, private boat docks on public lakes or waterways are subject to varying degrees of public access, with some docks being considered public property and others being treated as extensions of the owner's private property. For example, in some states like Minnesota, a dock on public water becomes public property, while in others like Michigan, the property owner maintains ownership of the dock but not the surrounding water. Understanding the legal status of boat docks is particularly relevant for activities such as fishing, where conflicts can arise between anglers seeking access to prime fishing spots and property owners or tenants seeking privacy and exclusive use of the dock area.

Docks on public lakes

In most cases, public lakes are owned by the government, whether it be municipal, provincial, or federal. This means that the public is generally allowed to access and use the lake for recreational purposes, such as swimming, fishing, boating, or simply enjoying the view. However, it's important to note that there may be certain restrictions or permits required for specific activities. For example, in Pennsylvania, boating on public waters is permitted, but one must not cross private property without permission to access these public waters.

When it comes to docks on public lakes, the situation can be more complex. In some cases, docks may be owned and maintained by the government or a designated authority. These docks are typically open for public use, but there may be rules and regulations that users must follow. For instance, in Pennsylvania, there are regulations for docks on private lakes that aim to protect the rights of other riparians (landowners along a waterway) and preserve the ecosystem. These regulations include maintaining a maximum dock size, ensuring the dock does not obstruct navigation, and keeping it free from debris.

On the other hand, private individuals or organizations may own docks on public lakes in some instances. This usually occurs when the dock is attached to private waterfront property or when the individual has obtained the necessary permits to build and maintain a dock. In these cases, the owner of the dock may have exclusive rights to its use, and the public may not be allowed to access it without permission. However, this can vary depending on local laws and regulations.

It's worth noting that the term "riparian rights" often comes up when discussing waterfront property ownership. Riparian rights refer to the rights of landowners along a waterway to make advantageous use of the water, including acquiring accretions, wharf slips, and fishing. These rights are typically associated with private, direct waterfront properties and allow the owner to erect structures like docks, boathouses, and fire pits, as long as they meet the requirements of local government bodies and conservation authorities.

In conclusion, the rules and regulations surrounding docks on public lakes can vary depending on the location and the specific circumstances. It is always essential to consult local and state laws to understand the specifics of dock ownership, access, and usage rights.

Dock fishing rights

In some places, such as Maryland, the water surrounding private docks may be considered public property up to the mean high-water mark. This means that dock owners do not own the water around their docks and cannot prevent others from fishing there. However, it is important to respect the dock owner's property and not trespass or cause any damage.

In other locations, such as Michigan, dock rights may be included in riparian rights if the water is navigable. Riparian rights are awarded to property owners along flowing bodies of water, such as rivers or streams, allowing them to access and use the water without harming upstream or downstream neighbours. These rights may also include ownership of the land beneath a non-navigable waterway up to its centre. On the other hand, littoral rights apply to property owners bordering large water bodies like navigable lakes and oceans, giving them unrestricted access to the waters but ownership only up to the median high-water mark.

In Florida, riparian rights include the rights to bathe, fish, enter and exit (ingress and egress), and boat, among other activities defined by law. These rights apply to property owners bordering navigable water depths and those near navigable waterways, allowing them to install docks (or wharfs) on the water. However, local, state, and federal regulations may impose restrictions on dock length for environmental protection.

It is essential to research the specific laws and court cases related to trespass issues on riparian land in your area to understand your rights and responsibilities regarding dock fishing.

Dock ownership laws

The laws surrounding dock ownership vary depending on location, the type of body of water, and the type of property. In general, dock ownership laws are related to riparian rights, which refer to the rights of owners of lands on the banks of watercourses.

In the eastern US, the riparian doctrine dictates that ownership of a water source is granted to individuals whose property borders the waterfront. These riparian owners can make use of the water source as long as it doesn't interfere with the rights of neighbouring properties. In the western US, water rights are often granted based on the prior appropriation doctrine, which determines water rights by the priority of beneficial use.

Private Direct Waterfront

If you own a private direct waterfront property, you have exclusive ownership of your waterfront and direct access. This means you can erect a dock, as long as you meet the requirements of the local government bodies and conservation authorities. You will likely have to pay higher taxes than for a non-waterfront property.

Private Non-Direct Waterfront

If there is a municipal road, right of way, or provincial highway separating your dwelling from the waterfront, you still own the waterfront and enjoy riparian rights. This form of ownership is usually less expensive than private direct waterfront in terms of purchase price and taxes.

Indirect Waterfront

With indirect waterfront access, you can access the water but may be restricted in what you can do. If your property has a registered easement, you have the right to use the designated strip of land to access the water, but you do not own the waterfront. Alternatively, you may have deeded waterfront access, which allows access through a right-of-way or designated path, but this access is usually owned by an association that determines the rules for its use.

Dock Regulations

Regardless of the type of property, there are often regulations surrounding dock installation and use. For example, in Florida, local, state, and federal governments regulate the measurement of docks to maintain the environment, and there are restrictions on the length of docks. In Michigan, if you have riparian rights over a navigable body of water, you can install a dock and permanently anchor boats on your riparian bottomlands, which are the submerged lands adjacent to your property.

Dock access rights

The access rights to a dock vary depending on the type of waterfront property ownership. There are several types of waterfront ownership, each with its own set of advantages and drawbacks. The four main types are Private, direct waterfront, Private non-direct waterfront, Deeded water access, and Public water access.

Private direct waterfront ownership is considered the gold standard, allowing private and exclusive use of the waterfront directly in front of the owner's dwelling. This type of ownership includes riparian rights, which give the owner the right to advantageous use of the water, including the right to acquire accretions, wharf slips, and fishing. With riparian rights, owners can erect a dock, boat house, or fire pit on the water's edge, provided they meet local government requirements.

Private non-direct waterfront ownership is similar, but the dwelling is separated from the waterfront by a road, right of way, or highway. Owners still enjoy riparian rights and can access the water through a right-of-way or designated path. This type of ownership often involves an association that manages the use of the waterfront and sets certain rules.

Deeded water access provides access to the water through a registered easement or a deeded right-of-way. This gives the right to use a designated strip of land to access the water, but does not include ownership of the waterfront. This option may have restrictions on what can be done once there, such as swimming, docking a boat, or launching a canoe.

Public water access is typically owned by government jurisdictions and offers more limited rights. However, it provides an affordable option for those who want to enjoy activities like swimming, fishing, or simply enjoying the view.

It's important to note that dock access rights can vary based on local laws and regulations, and it's always a good idea to consult with local authorities or legal professionals to understand the specific access rights associated with a particular waterfront property.

Dock safety

Building a dock requires a good understanding of local and state regulations. Boating safety and environmental protection are key aspects of boat dock regulations. Understanding these rules can ensure a smooth and enjoyable experience. Regulations typically address dock size, location, construction materials, and maintenance practices to minimize environmental impact.

Permits and Procedures

Before building a dock on your waterfront property, you will likely need to obtain a dock permit. This involves contacting local agencies, such as planning and environmental departments, to determine the specific requirements in your area. You may need to submit detailed plans of the dock, along with environmental impact assessments. In some cases, you may also need approval from the Army Corps of Engineers.

Safety and ADA Compliance

All docks must comply with local safety regulations, including structural integrity standards and electrical safety requirements. Public docks have additional requirements under the Americans with Disabilities Act (ADA), which mandates accessible routes and facilities for all individuals.

Essential Safety Equipment

Keep essential safety equipment nearby at all times to be prepared for emergencies. This includes life jackets, life rings, first aid kits, handrails, fire extinguishers, ropes and tow lines, flares, a horn, and proper lighting.

Docking Procedures

Docking a boat safely requires practice and can be challenging even for experienced skippers. Here are some key tips:

• Prepare the boat by bringing the correct equipment on board, such as ropes and tow lines, and ensuring fenders are at the correct height.
• Check your surroundings and be mindful of other boats and any potential obstacles.
• Approach the dock slowly and communicate your strategy to any passengers.
• Protect passengers by instructing them to stay on the boat with their arms and legs inside until docking is complete.
• Tie your boat securely to the dock using the correct knot and keep the boat in neutral in case adjustments are needed.

Standard Safety Procedures

In addition to proper equipment and docking procedures, it is essential to follow standard safety requirements:

• Enforce a strict no-running policy on the dock to prevent slipping or falling.
• Keep the dock clean, clutter-free, and well-maintained, promptly repairing any signs of wear and tear.
• Use caution with electricity and install bonding jumpers to keep the dock grounded in case of an electrical surge.
• Communicate your plans to friends and family, and let them know your location in case of an emergency.
• Get insurance to help cover any accidents or incidents that may occur.
• Install barriers and gates to keep young children and pets away from the dock when not in use.

By following these safety guidelines, you can maximize the enjoyment of your property while minimizing the risk of accidents, injuries, and property damage.

Frequently asked questions