From gaining access to deep water, mooring a large vessel, addressing navigational issues, or even getting a better sunset view, there are several reasons why you might be considering a boat dock extension that is increasing the amount a dock protrudes into the water. But, before you hire a marine contractor to start setting dock pilings, it is important to make sure your plans comply with all relevant laws and regulations, which can mean local, state, and federal laws and regulations.
Boat dock extensions are largely governed by counties and local municipalities. For example, Collier County, the City of Marco Island, and the City of Naples all have adopted regulations that restrict the construction of boat docks by setting protrusion limits, but they also provide for a procedure to obtain an extension depending on the circumstances.
Because local jurisdictions are often adjacent to the state sovereignty of state-owned submerged lands, state-level regulations can come into play in some cases, including, for example, the Florida Department of Environmental Protection’s (FDEP) Aquatic Preserve Design Criteria for Single-Family Docks. Additionally, construction in navigable waters often also involves federal regulation.
Sample Local Government Requirements for Boat Dock Extensions in Florida
If you are considering a boat dock extension, it is important to ensure you comply with all applicable legal and regulatory requirements. Here are some examples of local government requirements that may apply:
Collier County Boat Dock Restrictions and Extension Criteria
In Collier County, residential dock owners must comply with section 5.03.06 of the Collier County Land Development Code in designing and constructing their docks. All single-family docks must meet the following general requirements for protrusion:
In Collier County, residential dock owners must comply with section 5.03.06 of the Collier County Land Development Code in designing and constructing their docks. All single-family docks must meet the following general requirements for protrusion:
- For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel).
- For lots on a canal or waterway less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less.
- On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed.
- For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility.
The aforementioned are general rules, and there are other factors that may allow more or less protrusion. Note that this limitation applies to the dock, but also to the vessel itself.
To obtain additional length generally, however, a boat dock extension must be sought.
The factors are sorted into primary and secondary criteria as follows:
Primary Criteria – Collier County
- Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than 2 slips; typical multi-family use should be 1 slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate).
- Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner’s application is unable to launch or moor at mean low tide (MLT). (The petitioner’s application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension).
- Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel).
- Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages).
- Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks).
Secondary Criteria – Collier County
- Whether there are special conditions, not involving water depth, related to the subject property or waterway, which justify the proposed dimensions and location of the proposed dock facility. (There must be at least 1 special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds).
- Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading and/or unloading and routine maintenance, without the use of excessive deck area not directly related to these functions. (The facility should not use excessive deck area).
- For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property’s linear waterfront footage. (The applicable maximum percentage should be maintained).
- Whether the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of a neighboring property owner).
- Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated).
- Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated).
- If deemed necessary based upon review of the above criteria, the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s) and provision of light(s), additional reflectors, or reflectors larger than four (4) inches.
A hearing is held to evaluate the above factors, and if they can be met, then a boat dock extension can be granted.
If you are considering a boat dock extension in Southwest Florida, contact the knowledgeable land use attorneys at Woodward, Pires & Lombard, P.A. Call (239) 649-6555 or visit www.wpl-legal.com.
City of Marco Island Boat Dock Restrictions and Extension Criteria
In the City of Marco Island, residents must comply with section 54-111 of the City of Marco Code of Ordinances in designing and constructing their docks. Most canals in the City are 100 feet in width and, pursuant to the City’s code, docks on bodies of water 100 feet or greater in width can protrude the shorter of 30 feet or 25% of the width of the waterway into the water. Bodies of water smaller than this, for example, some of the canals in Old Marco, have a protrusion limit of 20%. The aforementioned are general rules and there are other factors to consider. Note that this limitation applies to the dock, but also the vessel itself.
However, if a resident wants to extend a dock further into the water, local residents must comply with Section 54-115 of the City of Marco Code of Ordinances to obtain authorization for boat dock extensions.
What must be shown to justify a boat dock extension is:
(1) Whether or not the proposed boat docking facility meets the other standards set forth in this article.
(2) Whether or not the water depth where the proposed vessel(s) is to be located is sufficient (as a general guide, four feet mean low water is deemed to be sufficient) to allow for safe mooring of the vessel, thereby necessitating the extension, protrusion, or encroachment requested.
(3) Whether there are special conditions related to the subject property or waterway which justify the proposed dimensions and location of the proposed boat docking facility.
(4) Whether or not the proposed boat docking facility and moored vessel(s) protrude greater than 25 percent of the width of the navigable waterway, and whether or not a minimum of 50 percent of the waterway width between boat docking facilities and moored vessel(s) on the opposite side of the waterway is maintained in order to ensure reasonable waterway width for navigation. This requirement shall only be applicable for extension or protrusion requests.
(5) Whether or not the proposed boat docking facility is of the minimum dimensions necessary in order to adequately secure the moored vessel while providing reasonable access to the boat for routine maintenance without the use of excessive deck area.
(6) Whether or not the proposed boat docking facility is of minimal dimensions and located to minimize the impact of view to the channel by surrounding property owners.
(7) Whether or not the proposed vessel(s) are in excess of 50 percent of the length of the water frontage on the subject property such that the extension of the boat docking facility may adversely impact the view to the channel by surrounding property owners. In the case of multifamily developments and public marinas, the 50 percent provision may be exceeded. This requirement shall only be applicable for extension or protrusion requests.
(8) Whether or not the proposed location and design of the boat docking facility and moored vessel(s) in combination is such that it may infringe upon the use of neighboring properties, including any existing boat docking facilities.
(9) Whether or not the seagrasses are located within 200 feet of the proposed boat docking facility.
(10) Whether or not the proposed dock is subject to the manatee protection requirements set forth in Section 54-117.
A hearing is held to evaluate the above factors, and if they can be met, then a boat dock extension can be granted.
City of Naples Boat Dock Restrictions and Extension Criteria
In the City of Naples, residents must comply with section 56-93 of the City of Naples Code of Ordinances in designing and constructing their docks.
The code sets the general protrusion limit as:
The shore-normal dimension of a pier shall be restricted to a size such that the combined width of the pier, pilings, lift and vessel to be moored to the pier does not exceed 25 percent of the distance across the waterway at the point where the pier is located.
Naples has area specific regulations for Aqualane Shores, including Phillip G. Rust Development, Elliott Subdivision, Marina Shores Replat, and Kluck Subdivision; Golden Shores and Oyster Bay; Coquina Sands and the Moorings; Park Shore, Units 1, 3, and 4; Port Royal; and Royal Harbor.
The aforementioned are general rules and there are other factors to consider. Note that this limitation applies to the dock, but also the vessel itself.
An extension can be obtained by approval of the City Manager.
Once again, these are just examples, and additional state-level requirements—including FDEP’s Aquatic Preserve Design Criteria for Single-Family Docks—may apply.
Speak with a Knowledgeable Florida Land Use Lawyer at Woodward, Pires & Lombardo, P.A.
If you are planning a boat dock extension in Florida, our lawyers can help ensure that your extension meets all applicable legal and regulatory requirements. To schedule an appointment at Woodward, Pires & Lombardo, P.A., please call 239-649-6555 or tell us how we can help online today.
About the Author
Zachary (“Zach”) W. Lombardo is an associate attorney at Woodward, Pires & Lombardo, P.A. He is a Board Certified Specialist in City, County & Local Government Law by The Florida Bar and is the City Attorney for Everglades City.
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