LTC 314-2023 Marine and Waterfront Protection Authority (MWPA) MotionM IAM I BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov
NO. LTC # LETTER TO COM MISSION
TO: Honorable Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: July 12, 2023
SUBJECT: Marine and Waterfront Protection Authority (MWPA) Motion
The purpose of this Letter to Commission is to provide the memo from the Marine and Waterfront Protection
Authority (MWPA) Board meeting that occurred on May 9, 2023.
Attachment: Marine and Waterfront Protection Authority (MWPA) Memo
314-2023
DocuSign Envelope ID: 5B233C E-381C-4A65-96E9-C4F 5F4 3A76E 8
MIAMI BEACH
Marine and Waterfront Protection Authority Board
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Marine and Waterfront Protection Authority Board
DATE: June 26, 2023
SUBJECT: Support for the Implementation of a Miami Beach Mooring Field including an
Upland Harbormaster Facility
The purpose of this memo by the Marine and Waterfront Protection Authority (MWPA) is
to reaffirm our 2018 request advising the Mayor and City Commission regarding the
necessity of a Miami Beach Mooring Field off the western coastline / seawall of Miami
Beach between the Sunset Islands and the MacArthur Causeway to include an upland
Harbor Master Facility and other amenities as noted below.
Attached, is the July 31, 2018 presentation to the Miami Beach Sustainability Committee
by the former Chair of the MWPA, Captain Dan Kipnis. Allowing for a few minor updates
to the presentation of 2018, such as mobile phone App access to mooring field amenities
in lieu of fobs, the poignancy and prescience of the outlined conclusions are as relevant
to the present, as they were then.
Background: As a result of the increasingly untenable dense aggregation of unregulated
water vessels in this vicinity, a degradation of our waters, seabed, aquatic life, and general
marine environment is ongoing and accelerating as other communities create their own
mooring fields. These displaced water vessels anchor in the waters off Miami Beach where
access is readily and easily available - with few restrictions or encumbrances. The
implementation of a mooring field is seen as a necessary mechanism to regulate, mitigate,
and ameliorate the unsustainable deleterious impacts of these vessels.
As the implementation of the mooring field may have the unintended and undesirable
consequences of shifting mooring to residential islands, we urge the City to work with the
state to implement overnight anchoring restrictions that will protect the privacy and quiet
enjoyment of the residential islands by their inhabitants.
In addition to symbolizing the essence of appreciation for the quality of life enjoyed on
Miami Beach, the local marine environment is vital to the economic and physical well-
being of the City. However, as the degradation of our marine environment advances at an
exceedingly alarming pace, the repercussions are felt not only at the local level by
residents of Miami Beach, but by our tourism industry as well - which is, in part, dependent
upon the vitality of our precious offshore marine assets. Although Miami Beach is
emblematic of many memes; without our beaches, sea-life, and overall water-centric
associations, we would be but a sliver of what the iconic Miami Beach ethos has come to
symbolize internationally. The city of Miami Beach is fortunate to be in the position of
creating a world-class mooring field which will serve in protecting our marine environment,
DocuSign Envelope ID: 5B233CBE-381C-4A65-96E9-CA4F5F43A76E8
while facilitating and enhancing the boating experience by incorporating within the facility,
the following amenities that encourage best practices:
• Harbormaster Station located in Maurice Gibbs Park, and integrated into the
newly constructed Marine Patrol facility. A Harbormaster Station in close proximity
to the mooring field and specifically intended for the purpose of servicing that
facility is essential to its effective and efficient oversight.
• 'App' accessible registration and reservation process.
• Showers- as on-board showering releases gray water composed of soap,
shampoo, and other toxins into the waters.
• Laundry Facility - as on-board washing releases gray water composed of
detergents, phosphates and other toxins into the waters.
• Fueling station.
• Water filling station.
• Dinghy/launch dock.
• Pump out facility with mobile pump out vessel dockage. Pump outs should be
free of charge and scheduled via an App.
'
Furthermore, upon implementation of a mooring field, the MWPA requests the following:
• Availability of a mobile phone 'App' system for boaters to register and reserve a
mooring space prior to arrival in Miami Beach. This App system would specify the
best practices required of all boaters while at the mooring field including rules and
regulations, an on-line payment system, and on-line requests for trash pick-up and
waste pump-out.
• Monitoring compliance of vessel pump-outs by mandating that a log/journal be
maintained to document pump outs while using the mooring field with a minimum
requirement of seven days between pump outs, which would be free of charge.
• A launch system as opposed to dinghy access to the harbormaster station be
required in order to ameliorate the harmful effects of excessive dinghy traffic, and
the polluting effects of outboard motors used to power dinghies. In addition to the
high probability of fuel spillage into the bay waters when refueling, outboard motors
cause air pollution, noise pollution, and spew toxic chemical contaminants which
are harmful to aquatic life.
We, therefore, request that all processes required to expedite the implementation of a
mooring field, including the parameters outlined in this memo, be pursued, as time is of
the essence.
The Board of the Marine and Waterfront Protection Authority sincerely thanks you for your
consideration.
Respectfully,
Sr re
Ben Mostkoff,
MWPA Chairman
The purpose of these "workshops" is to draft some pro posed state legislation "gra nting
lim ited authority to counties and municipalities to regulate anchoring on state waters."
Although the subjects of derelict/abandoned boats, anchored live-aboard vessels, and
sanitation rules are parts of the pro posed fram ework, this effort was spearheaded by
municipalities responding to their waterfro nt hom eowners who want laws to prevent any
boaters from anchoring fo r even one night on state navigable waters adjacent to their
pro perties. These are not the rare cases where the hom eowners own the rights to the
bottomland - th ese are navigable waters that belong to all the people of Florida.
The Florida Constitution's Public Trust Doctrine defines that navigable lakes and rivers,
up to the ordinary high water boundary , belong to all the people of the state. There have
been countless failed attem pts by landowners and homeowners to exclude the public
fro m portions of these public waters ... this is their latest attempt (see pro posed concept
in bold below - to get more of an idea of what this pro vision would mean for anchorages
near Ft. Lauderdale, read my article: Get ready fo r new anchoring regulations in Florida.
Spoiler Alert: A 300-foot setback rule would effectively make it illegal to anchor nearly
everyw here in Bro ward County).
Fro m the FW C ("fo r discussion purposes only"):
The Florida Fish and W ildlife Conserv ation Com m ission (Commission) is seeking public
input on the topic of potential legislation authorizing local govern m ents limited authority
to regulate the anchoring of vessels on state waters within their jurisdiction. The
fo llowing concepts, which are based on experiences in the anchoring/mooring pilot
pro gram, will be discussed at tw o upcoming public meetings in early Septem ber and
attendees will be asked to pro vide public comment on each pro vision. After those
meetings, the com m ents received will be used to refine the concepts before soliciting
additional public comment thro ugh an online com m enting opportunity.
Pro posed concepts for consideration and comment:
Local govern m ents could be granted authority to regulate the anchoring of vessels in
lim ited, prescribed situations. Please consider each of the following pro visions:
The owner, operator or person in charge of a vessel may not anchor a vessel within 150
feet of mooring fields, boat ram ps, marinas and other launching or landing facilities that
are open fo r use by the general public.
A vessel may not be anchored overn ight within 300 feet of waterfro nt residential
pro perty or in a location that restricts use of attached docks or boat lifts.
For this pro vision, the fo llowing definitions would apply:
"Overn ight" means more than 4 consecutive hours during the period from one half hour
past sunset to one half hour befo re sunrise.
"W aterfro nt residential pro perty" means any upland pro perty bounded on at least one
side by waters of the state, above the water's edge at the shoreline or seawall, upon
which a single-family home, multi-fam ily apartment, townhouse, condominium or other
sim ilar residential dwelling exists. This term excludes docks and other infrastructure
attached thereto.
A vessel may not be stored on waters of the state if any of the fo llowing conditions exist:
it is incapable of navigating under its own power
takes on water without the ability to dewater
spaces designed to be enclosed are open to the elements
leaking contaminants
has bro ken loose or is in danger of doing so
violates sanitation laws
listing or agro und
For this pro vision, the following definition would apply:
"Stored" means not under the direct superv ision and contro l of a person capable of
operating the vessel and pro m ptly moving it from a location.
If a local govern m ent has a need to regulate anchoring in any way other than those
described above, the local govern m ent would be required to apply fo r Com mission
approval and provide:
A copy of the proposed ordinance
Maps illustrating the areas proposed to be regulated
Substantial competent evidence demonstrating specific local problems that the
regulation intends to resolve
Substantial competent evidence of how the regulation addresses specific navigation
hazards, the accumulation of anchored vessels in inappropriate locations and/or the
health, safety and welfare of the public while minimizing impacts to access to state
waters, fishing and other water-related recreational activities
Proposed exemptions to local government anchoring restrictions include:
Vessels requiring safe harbor or involved in an emergency situation
Law enforcement, fire-fighting or rescue vessels owned or operated by a government
entity
Vessels manned continuously while anchored for four hours or less for recreational
activities such as fishing and swimming
Vessels involved in construction activities or dredging
For this provision, the following definition would apply:
"Safe Harbor" means taking refuge by temporarily anchoring due to a mechanical
breakdown or when imminent or existing extreme weather conditions impose an
unreasonable risk of harm, in which case a vessel may remain anchored until repaired,
which shall occur within 7 days, or in the event of extreme weather, until weather
conditions improve to the point it is no longer perilous to operate the vessel.
If local govern m ents are granted authority to regulate vessel anchoring, all anchoring
restrictions adopted in accordance with that authority would be m ade available to the
public thro ugh an interactive, online m ap m anaged by the Com m ission.
The Com m ission would be granted rulem aking authority to establish standards to
im plem ent these pro visions.
To access m eeting agenda and docum ent fo r discussion purposes, please visit our
website at: http://m yfw c.com /boating/anchoring-m ooring/
M eeting locations:
Vero Beach (Florida East Coast):
Septem ber 3, 2014, 5:30 p.m. - 8:.00 p.m .
Indian River County Adm inistration Com plex, 1801 27th Street, Building A, Vero Beach,
FL 32960,
(772) 567-8000
Bradenton (Florida W est Coast):
Septem ber 4, 2014, 5:30p.m. - 8:0 0 p.m .
M anatee County Com m ission Ch amb e rs, 1112 M ana tee Avenue W est, Bradenton, FL
34205, (941) 748-4501
Those in attendance will have the opportunity to pro vide feedback on the pro posed
fram e work in verbal or written fo rm im m ediately fo llow ing the presentation. Pursuant to
the pro visions of the Am ericans with Disabilities Act, any person requiring special
accom m odations to participate in this m eeting is asked to advise the respective location
at least five (5) calendar days befo re the m eeting by contacting: A DA Coordinator, see
num bers listed above. If you are hearing or speech im paired, please contact the agency
by calling the num bers listed abo ve. - See m ore at:
http://www .thefishingw ire.com /story /326266#sthash.Q Sh8qS9q.dpuf
Sunset Harbor Cruising Yacht Mooring Field
Overview & Answers
City of Miami Beach Sustainability Committee
July 31, 2018
Presented by:
Captain Dan Kipnis
Chairman, Miami Beach Marine &
Waterfront Protection Authority
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F a c ilitie s e n c r o a c h in g o n p a r k o p e n s p a c e
eg el
a NON MOTOR IZE( t
Dockmaster's Office could still
be located in the area marked
"Marina Facilities". This would
place the Dock Master close to
the non-motorized and water
taxi dock. As drawn, the
building is too near the
entrance of the dock to allow
easy egress with paddle
boards and kayaks.
Cost of construction and maintenance
There are a couple of ways to fund the marina project.
1. Construction; a venture between the City and Florida Inland Navigation
District (FIND) using their funds for construction. The marina falls under
capital projects for the city and FIND specifically funds mooring fields. It
wo u ld be up to the City to decide how and where their matching funds
w o u ld com e fro m (private/pu blic partn e rs hip)
O p eratin g e x pens e s : un d e r a City o w ned scena rio , d ockag e fees, la u ndry
fees, ve nding m ac hin e fees, p um p -out fee s and o ther rev enue producing
fees will co ve r the Dock Master and maintenance. Additionally, the water
tax i is supposed to pay a docking fee as well as a modest fee for
commercial paddle board and kayak operators,
2. A city/private partnership may prove advantageous. Many marina
o w ne rs have the expertis e to se am less ly be gin op eration due to their
depth of experience. The City has never operated a marina before and
surely would have to cons ult m a rina m a nag e rs on operations and set-up.
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Mooring Radius
Maximum 4
Buoys per
Acre
1Acre = 43560 Sq. Ft.
Item Area (sq. ft) Radius (ft) Circle
Color
Florida Statute 50,000 126 Red
22,698 85 Cyan
I
Mooring Size 2 I 25,447 90 Green
Mooring Size 3
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