Editor’s Note: Waterway Guide’s G.M and editor-in-chief Ed Tillett has been covering the ongoing events in Georgia related to new regulations impacting access, anchoring and enforcement for boaters using the coastal waters of the state. The National Marine Manufacturer’s Association, BoatUS, America’s Great Loop Cruisers’ Association, Marine Trawler Owner’s Association and Save Georgia’s Anchorages have expressed concerns and disappointment over the state’s new laws and the way in which the regulations were developed and applied. The Georgia Legislature is now in session and efforts are underway to revise the law. The attached article was written by James Newsome and will appear in the February issue of SOUTHWINDS Magazine.

Georgia’s controversial law HB201 went into effect on January 1, 2020, and along with Department of Natural Resources (DNR) Commissioner Mark Williams’ Administrative Order (AO) defining anchoring areas, the state now appears to have the most restrictive anchoring regulations of any coastal state in the United States. HB201 affects waste discharge from vessels with marine sanitation devices (MSDs) and overnight anchoring in coastal water. Other provisions of HB201 authorizing anchoring permits and maintaining a logbook for holding tank pump-outs were not enacted at this time.

The state is interpreting Federal Clean Water Act regulation of the MSDs on houseboats as pertaining to all liveaboard vessels and has chosen to regulate the discharge of all waste, whether treated or untreated, from any Type I, II, or III MSDs. DNR’s Coastal Resource Division Director Doug Haymans stated, “Waste, whether chemically treated or not, can be harmful to sensitive marine environments such as Georgia salt marshes.” Georgia does not meet Federal qualifications for a Federal No Discharge Zone (NDZ), but HB201 now effectively makes the entire state’s coastal waters an NDZ.

The AO issued by Commissioner Williams establishes anchor areas in all the state’s coastal waters, but also defines where boaters may not anchor. Marina Zones have been established prohibiting anchoring within 300’ of a marina or facility providing fuel, dinghy access, provisions, vessel maintenance or other boating services.

Recreational and commercial shellfish beds are protected with anchoring setbacks of 1000’. The most controversial part of the AO is the anchoring restriction within 1000’ of any structure, such as wharfs, docks, piers, pilings, bridge structures or abutments. This restriction will close many popular anchoring locations and severely limit others such as Cumberland Island’s Brickhill River, Crescent River, Jekyll Creek, Sapelo Island, Walburg Creek, Kilkenny Creek, Herb River, and Turner Creek.

When asked what criteria was used to determine the need for a 1000’ setback of private docks, Director Haymans stated, “A lot of examination from discussion with staff and looking at maps. Marinas wanted 300’ for unattended vessels for example. 1000’ is basically a social number. It’s like a noise ordinance.”

Boater groups involved in the July 31, 2019 Stakeholders’ Meeting had recommended 150’ setbacks from marinas, private structures and shellfish beds, however, none of the groups was contacted by DNR for input regarding these final anchoring restrictions.

Enforcement will be complaint-driven with Wildlife Resource Division officers using electronic range finders from the dock to determine if a vessel is within the 1000’ restricted area. Director Haymans stated that he thinks the Administrative Order is fair to boaters. DNR has published interactive maps at https://coastalgadnr.org/Liveaboards so boaters can determine if their anchorage is within a restricted area.

 Save Georgia’s Anchorage co-founder Jack White responded, “The General Assembly didn’t just take away the freedoms of Georgians, they also took away the freedoms of every American transiting our waters from other states.”

Boater groups have taken the fight for less restricted anchoring to the Legislature in the current session of the General Assembly. Save Georgia’s Anchorages (Facebook) is encouraging boaters to contact Governor Brian Kemp and register their complaints about HB201.

SOUTHWINDS Magazine will continue to monitor the anchoring situation in Georgia and update readers.

Resources:

Contact Georgia Governor Brian Kemp with your comments on this issue using the web form: https://gov.georgia.gov/contact-us/constituent-services

Governor Brian Kemp

206 Washington Street Suite 203, State Capitol Atlanta, GA 30334

Phone Number: 404-656-2846 Toll Free: 1-800-436-7442

Contact Department of Natural Resources Commissioner Mark Williams web form: https://gadnr.org/sendemail 

2 Martin Luther King, Jr. Drive, SE Suite 1252 – East Tower Atlanta, GA 30334

Phone number: 404-656-3505

Maps of restricted anchorage areas by county can be found here: https://coastalgadnr.org/Liveaboards

If you want to keep abreast of what’s happening, join the Facebook group Save Georgia’s Anchorages at https://www.facebook.com/groups/SaveGeorgiasAnchorages/. 

Open Letter: Why Georgia’s HB201 is a Betrayal of the Public Trust

Georgia Law Further Infuriates Boaters

BoatUS Position on HB201

NMMA Position on HB201

What Georgia Stands to Lose

Six Problems with Georgia’s New Law

Georgia Anchoring Regs Frighten Boaters