Question 1

What are navigable waterway rights?

Accepted Answer

Navigable waterways are bodies of water that are capable of being used for navigation, commerce, or recreation. In Florida, navigable waterways are: sovereign lands held in trust by the state for the public (Article X, Section 11 of the Florida Constitution), subject to the public trust doctrine (the public has the right to use navigable waters for navigation, fishing, swimming, and other lawful purposes), and regulated by: the Florida Department of Environmental Protection (DEP), the U.S. Army Corps of Engineers (federal navigable waters), and local governments (through shoreline zoning and permitting). The mean high water line is the boundary between private upland and sovereign submerged lands.

Question 2

How do navigable waterway rights affect Florida waterfront property?

Accepted Answer

Property impact: the upland owner does not own the submerged lands below the mean high water line (these are sovereign lands), but the upland owner has: riparian rights (the right to reasonable use of the water, including access, wharfing out (building a dock), and accretions), the right to an unobstructed view (subject to limitations), and the right to apply for a sovereign submerged land lease (to build a dock or other structure on the submerged lands). Restrictions: docks and other structures require: an environmental resource permit (from DEP or the water management district), a sovereign submerged land lease (from the Board of Trustees of the Internal Improvement Trust Fund), and compliance with local setback and building requirements.

Question 3

What is the public’s right to use Florida navigable waterways?

Accepted Answer

Public rights: navigation (the public has the right to travel on navigable waterways by boat or other watercraft), fishing (the public can fish in navigable waters without permission from the upland owner), swimming and recreation (the public can use the water surface for swimming, kayaking, paddleboarding, etc.), and anchoring (the public can anchor in navigable waters, subject to local anchoring ordinances under Section 327.4108). The public does NOT have the right to: trespass on private upland property (the public’s rights extend only to the water and the area below the mean high water line), and use private docks (the upland owner’s dock is private property). Conflicts between public access and private property rights are a recurring issue in Florida waterfront law.

Navigable Waterway Rights

Navigable Waterway Rights in Florida

Upland Owner Rights

Permits Required

Public Rights

Related Terms

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