Re: [bolger] Re: LIVING ABOARD (to be) BANNED IN WASHINGTON STATE
On Wed, 24 May 2000, Peter Vanderwaart wrote:
water you float on. If you could liveaboard without anchoring or tying
down to anything that also touches the ground (like a dock), then the
state couldn't regulate you (much). But it's tough to go grocery
shopping without securing the boat in some way.
Chris Crandallcrandall@...(785) 864-4131
Department of Psychology University of Kansas Lawrence, KS 66045
I have data convincingly disconfirming the Duhem-Quine hypothesis.
> What a brouhaha this will be! I believe that there are a lot of veryYep--you saw "Sleepless in Seattle", didn't you?
> expensive, very fancy houseboats in Washington, on Lake Union and
> elsewhere.
> There was a wave of new legislaton about 10 years ago in Florida andWell, the state own the ground you anchor on, and the Feds control the
> elsewhere that restricted the rights of boaters to drop anchor any and
> everywhere. I'm not quite sure how the legal battles turned out, but I
> do know that as a general principle, the courts will hold that
> governments have have a right to regulate anything open to the general
> public.
water you float on. If you could liveaboard without anchoring or tying
down to anything that also touches the ground (like a dock), then the
state couldn't regulate you (much). But it's tough to go grocery
shopping without securing the boat in some way.
Chris Crandallcrandall@...(785) 864-4131
Department of Psychology University of Kansas Lawrence, KS 66045
I have data convincingly disconfirming the Duhem-Quine hypothesis.
> LIVING ABOARD BANNED IN WASHINGTON STATEWhat a brouhaha this will be! I believe that there are a lot of very
expensive, very fancy houseboats in Washington, on Lake Union and
elsewhere.
Here on the right coast, we have the case of the state of Rhode
Island and the Providence Plantations where ALL discharges overboard
from pleasure boats are prohibited. (I suppose seawater used for
engine cooling is allowed.)
There was a wave of new legislaton about 10 years ago in Florida and
elsewhere that restricted the rights of boaters to drop anchor any
and everywhere. I'm not quite sure how the legal battles turned out,
but I do know that as a general principle, the courts will hold that
governments have have a right to regulate anything open to the
general public.
It sounds in the article you cite that the new regulation is an
unintended consequence of some loosely written legislation. If so,
then I think the law will be changed.
Peter
Group
With many Bolger designs catering to live-aboards, and my own
desire to spend some of my rapidly approaching retirement years doing same,
this really alarmed me. Its cadged from Trawler World news,
http://www.trawlerworld.com/c_news_42.htm
and simply makes me sad. Will the disease spread?
One can only pray, though there is a link
at the end which offers ways of registering one's feelings.
Thanks,
Jeff Gilbert
Australia
(along way away, but when it comes to the USA, a lot
of our Politicians are monkey-see monkey-do.)
LIVING ABOARD BANNED IN WASHINGTON STATE
The following is a special report to Trawler World News by John D. Hartung
who lives aboard the 47-foot custom trawler Ergo.
The State of Washington has announced its intention to ban liveaboard
boaters on all state-owned aquatic lands including those leased by public
and private marinas. Since the Washington Department of Natural Resources
controls over two million acres of aquatic lands including the lands beneath
substantially all of the marinas in the state, there will be no choice for
liveaboards, except to move ashore.
In a meeting of The Puget Sound Marina Owner's Association held April 21 at
Johnny's Dock Restaurant in Tacoma, Washington, Don Krupp and Bonnie Bunning
of the Department of Natural Resources (DNR) described the state's
reasoning, intention and time-table for eliminating liveaboards.
The DNR position results from its interpretation of the state's 1984 Aquatic
Lands Management Act which prohibits new development or the expansion of non
water-dependent uses on state-owned aquatic land. DNR has taken the position
that residential use of such lands, such as living aboard, is not a
water-dependent use.
Under their plan, living aboard would be prohibited whether at anchor or in
a marina and no distinction would be made for the type of craft, i.e. boat,
houseboat or barge. Asked for an official definition of what constitutes
"living aboard," Mr. Krupp said that no such definition had yet been
formulated. He stated that it would be incumbent upon marina owners to rely
on their personal knowledge of tenants in making a determination as to
whether or not they were living aboard.
Legal action has already been taken against Diamond Properties, a marina
owner operating three marinas on Lake Union. In settlement of the matter,
Diamond Properties agreed to end unauthorized sub-leases of slips for
residential use, to evict all liveaboard tenants and to pay the State
$275,000 in back rent.
DNR intends to require clauses that prohibit living aboard in all of its
future leases for state-owned aquatic lands as they become due for renewal.
Asked how DNR intends to enforce these provisions, Mr. Krupp replied that
the state expects the no-liveaboard clause to be honored in the same manner
as any other provision of the lease. Failure to do so would result in a
material breach of the terms of the lease and could be cause for legal
action against the marina owner.
The DNR position appears to be a radical interpretation of the 1984 law and
one which has far reaching implications not only for marina owners and
operators, but for everyone who enjoys boats and boating as well.
The Northwest Marine Trades Association has promised a challenge, as has the
newly formed Liveaboard Association of Puget Sound....... they are at
http://www.liveaboards.org
finis
With many Bolger designs catering to live-aboards, and my own
desire to spend some of my rapidly approaching retirement years doing same,
this really alarmed me. Its cadged from Trawler World news,
http://www.trawlerworld.com/c_news_42.htm
and simply makes me sad. Will the disease spread?
One can only pray, though there is a link
at the end which offers ways of registering one's feelings.
Thanks,
Jeff Gilbert
Australia
(along way away, but when it comes to the USA, a lot
of our Politicians are monkey-see monkey-do.)
LIVING ABOARD BANNED IN WASHINGTON STATE
The following is a special report to Trawler World News by John D. Hartung
who lives aboard the 47-foot custom trawler Ergo.
The State of Washington has announced its intention to ban liveaboard
boaters on all state-owned aquatic lands including those leased by public
and private marinas. Since the Washington Department of Natural Resources
controls over two million acres of aquatic lands including the lands beneath
substantially all of the marinas in the state, there will be no choice for
liveaboards, except to move ashore.
In a meeting of The Puget Sound Marina Owner's Association held April 21 at
Johnny's Dock Restaurant in Tacoma, Washington, Don Krupp and Bonnie Bunning
of the Department of Natural Resources (DNR) described the state's
reasoning, intention and time-table for eliminating liveaboards.
The DNR position results from its interpretation of the state's 1984 Aquatic
Lands Management Act which prohibits new development or the expansion of non
water-dependent uses on state-owned aquatic land. DNR has taken the position
that residential use of such lands, such as living aboard, is not a
water-dependent use.
Under their plan, living aboard would be prohibited whether at anchor or in
a marina and no distinction would be made for the type of craft, i.e. boat,
houseboat or barge. Asked for an official definition of what constitutes
"living aboard," Mr. Krupp said that no such definition had yet been
formulated. He stated that it would be incumbent upon marina owners to rely
on their personal knowledge of tenants in making a determination as to
whether or not they were living aboard.
Legal action has already been taken against Diamond Properties, a marina
owner operating three marinas on Lake Union. In settlement of the matter,
Diamond Properties agreed to end unauthorized sub-leases of slips for
residential use, to evict all liveaboard tenants and to pay the State
$275,000 in back rent.
DNR intends to require clauses that prohibit living aboard in all of its
future leases for state-owned aquatic lands as they become due for renewal.
Asked how DNR intends to enforce these provisions, Mr. Krupp replied that
the state expects the no-liveaboard clause to be honored in the same manner
as any other provision of the lease. Failure to do so would result in a
material breach of the terms of the lease and could be cause for legal
action against the marina owner.
The DNR position appears to be a radical interpretation of the 1984 law and
one which has far reaching implications not only for marina owners and
operators, but for everyone who enjoys boats and boating as well.
The Northwest Marine Trades Association has promised a challenge, as has the
newly formed Liveaboard Association of Puget Sound....... they are at
http://www.liveaboards.org
finis