HomeMy WebLinkAbout2025-012ORDINANCE NO. 2025- 012
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN
RIVER COUNTY, TITLE IX, LAND DEVELOPMENT REGULATIONS,
CHAPTER 932 "COASTAL MANAGEMENT" TO ESTABLISH
ANCHORING LIMITATION AREAS IN THE CITY OF VERO BEACH AND
THE TOWN OF INDIAN RIVER SHORES IN ACCORDANCE WITH
FLORIDA STATUTE 327.4108.
WHEREAS, Indian River County has 16,480 acres of navigable -in -fact waterways,
which are waterways that are navigable in their natural or unimproved condition over
which useful commerce or public recreation of a substantial and permanent character is
or may be conducted in the customary mode of trade and travel on water; and
WHEREAS, boating safety concerns within the Indian River Lagoon have been
brought to the attention of local governments within Indian River County; and
WHEREAS, a county may establish anchoring limitation areas adjacent to urban
areas that have residential docking facilities and significant recreational boating traffic.
WHEREAS, the aggregate total of anchoring limitation areas in a county may not
exceed 10 percent of the county's delineated navigable -in -fact waterways.
WHEREAS, the City of Vero Beach and the Town of Indian River Shores wish to
create anchoring limitation areas within their jurisdictions in accordance with Fla. Stat.
327.4108.
WHEREAS, Indian River County has entered interlocal agreements with the City
of Vero Beach and the Town of Indian River Shores to facilitate the establishment of
anchoring limitation areas in their jurisdictions.
WHEREAS, the Board of County Commissioners finds that establishing anchoring
limitation areas will increase boating safety and navigation and will also address aesthetic
and environmental concerns.
NOW, THEREFORE, BE IT ENACTED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. The recitals above are incorporated herein.
SECTION 2. From and after the effective date of this ordinance, Title IX, Land
Development Regulations, Chapter 932.- Coastal Management, Section 932.07 is hereby
amended as follows: (new text is bold and underlined; words in strikethreug4 format are
deletions to text).
Section 932.07 — Piers, docks and boatslips.
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ORDINANCE NO. 2025- 012
(1) Restrictions upon regularly moored watercraft; maintenance. Watercraft shall not be
regularly moored along any shore without consent of the riparian landowner. Regularly
moored watercraft shall not be used as live -aboard vessels, offices or commercial
enterprises except in commercial marinas with approval and facilities for that purpose.
Regularly moored watercraft shall be kept in seaworthy condition when not in a permitted
repair area. The mooring of live -aboard vessels (as defined in Chapter 901) in commercial
marinas shall be limited to those boat slips designated for live -aboard vessels use on an
approved site plan meeting the provisions described in section 971.35(3). Watercraft
shall comply with the anchoring limitation area provisions in section 932.12.
SECTION 3. From and after the effective date of this ordinance, Title IX, Land
Development Regulations, Chapter 932.- Coastal Management, is hereby amended to
add the following new section:
Section 932.12 — Anchoring Limitation Areas.
(1) Intent. The County is establishing anchoring limitation areas as provided for in F.S. §
327.4108. The intent of the County is to implement and enforce the anchoring limitation
areas in accordance with this law. If F.S. § 327.4108 is amended and the terms of this
section conflict with F.S. § 327.4108 or any other Florida Statute, state law shall prevail.
(2) Definitions.
Anchor: To firmly secure a vessel to the seafloor or river -bottom with an anchoring
device; to moor.
Law enforcement officer means an officer or agency authorized to enforce this
section pursuant to F.S. § 327.70.
Vessel: Synonymous with boat and includes every description of watercraft, barge,
airboat, or craft used or capable of being used as a means of transportation on water.
(3) Anchoring Limitation Area maps.
(a) The anchoring limitation areas established by the Board of County
Commissioners shall be depicted on official anchoring limitation area maps and attached
to the enabling ordinance.
(b) The Indian River County Natural Resources Department shall be the custodian
of the official anchoring limitation area maps.
(c) The official anchoring limitation area maps shall be amended only by ordinance
of the Board of County Commissioners and adopted in compliance with F.S. § 327.4108.
(4) Designated Anchoring Limitation Areas.
(a) Each anchoring limitation area must:
1. Be less than 100 acres in size. For purposes of this subsection, the calculated
size of the anchoring limitation area does not include any portion of the marked
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ORDINANCE NO. 2025- 012
channel of the Florida Intracoastal Waterway contiguous to the anchoring
limitation area;
2. Not include any mooring field or marina; and
3. Be clearly marked with all of the following:
a. Signs that provide reasonable notice to boaters identifying the duration of
time beyond which anchoring is limited and identifying the county ordinance by
which the anchoring limitation area was created.
b. buoys marking the boundary of the anchoring limitation area.
(b) The following anchoring limitation areas are hereby established:
City of Vero Beach:
Situated in the State of Florida, County of Indian River, City of Vero Beach, being a
portion of the Indian River, being a portion of Section 30, Township 32 South, Range 40
East; Section 31, Township 32 South, Range 40 East; Section 05, Township 33 South,
Range 40 East; Section 06, Township 33 South, Range 40 East; Section 07, Township
33 South, Range 40 East; and described as follows:
Anchoring Limitation Area 1:
The area shown on the City of Vero Beach anchoring limitation area map, lying within
Section 07, Township 33 South, Range 40 East; Containing 33.1 Acres more or less.
Anchoring Limitation Area 2:
The area shown on the City of Vero Beach anchoring limitation area map, lying within
Section 07, Township 33 South, Range 40 East; Containing 9.4 Acres more or less.
Anchoring Limitation Area 3:
The area shown on the City of Vero Beach anchoring limitation area map, lying within
Section 06, Township 33 South, Range 40 East; Containing 8.4 Acres more or less.
Anchoring Limitation Area 4:
The area shown on the City of Vero Beach anchoring limitation area map, lying within
Section 31, Township 32 South, Range 40 East; Section 06, Township 33 South, Range
40 East and Section 05, Township 33 South, Range 40 East; Containing 91.2 Acres more
or less.
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ORDINANCE NO. 2025- 012
Anchoring Limitation Area 5:
The area shown on the City of Vero Beach anchoring limitation area map, lying within
Section 30, Township 32 South, Range 40 East and Section 31, Township 32 South,
Range 40 East; Containing 23.6 Acres more or less.
Anchoring Limitation Area 6:
The area shown on the City of Vero Beach anchoring limitation area map, lying within
Section 30, Township 32 South, Range 40 East; Containing 11.0 Acres more or less.
Town of Indian River Shores:
Situated in the State of Florida, County of Indian River, Town of Indian River Shores,
being a portion of the Indian River, being a portion of Section 1, Township 32 South,
Range 39 East; Section 12, Township 32 South, Range 39 East; Section 13, Township
32 South, Range 39 East; Section 19, Township 32 South, Range 40 East; Section 30,
Township 32 South, Range 40 East; and described as follows:
Anchoring Limitation Area 1:
The area shown on the Town of Indian River Shores anchoring limitation area map
as "ALA AREA 1 ", lying within Section 1, Township 32 South, Range 39 East; Section
12, Township 32 South, Range 39 East and Section 13, Township 32 South, Range
39 East; Containing 99.6 acres, more or less.
Anchoring Limitation Area 2:
The area shown on the Town of Indian River Shores anchoring limitation area map as
"ALA AREA 2", lying within Section 19, Township 32 South, Range 40 East and Section
30, Township 32 South, Range 40 East; Containing 97 acres, more or less.
Anchoring Limitation Area 3:
The area shown on the Town of Indian River Shores anchoring limitation area map
as "ALA AREA 3", lying within Section 30, Township 32 South, Range 40 East;
Containing 13 acres, more or less.
(c) Except as allowed by F.S. § 327.4108(4), a person may not anchor a
vessel for more than 45 consecutive days in any 6 -month period in an anchoring
limitation area established pursuant to this subsection.
(d) This section does not apply to:
1. Vessels owned or operated by a governmental entity for law enforcement,
firefighting, military, or rescue purposes.
2. Construction or dredging vessels on an active job site.
3. Vessels actively engaged in commercial fishing.
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ORDINANCE NO. 2025- 012
4. Vessels engaged in recreational fishing if the persons onboard are actively
tending hook and line fishing gear or nets.
(5) Enforcement
(a) For a vessel in an established anchoring limitation area, upon an inquiry by a
law enforcement officer, a vessel owner or operator must be given an opportunity to
provide proof that the vessel has not exceeded the limitations described in subsection
(4)(c). Such proof may include any of the following:
1. Documentation showing that the vessel was in another location at least 1
nautical mile away within a period of less than 45 days before the inquiry.
2. Electronic evidence, including, but not limited to, navigational devices or
tracking devices that show the vessel was in another location at least 1 nautical
mile away within a period of less than 45 days before the inquiry.
(b) If a vessel owner or operator fails or refuses to provide proof that the vessel
has not exceeded the limitations described in subsection (4)(c), or otherwise violates this
section, a law enforcement officer may issue a citation and pursue all enforcement and
legal remedies provided in F.S. § 327.4108 and any other applicable statutes.
SECTION 4. It is the intention of the Board of County Commissioners that the provision
of this ordinance shall become and be made part of the Indian River County Code, and
that the sections of this ordinance may be renumbered or re -lettered and the word
ordinance may be changed to section, article or such other appropriate word or phrase in
order to accomplish such intention.
SECTION 5. If any part of this ordinance is held to be invalid or unconstitutional by a
court of competent jurisdiction, the remainder of this ordinance shall not be affected by
such holding and shall remain in full force and effect.
SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 7. This ordinance shall become effective upon adoption by the Board of
County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 10 day
of July , 2025, for a public hearing to be held on the 19 day of August ,
2025, at which time it was moved for adoption by Commissioner
Moss , seconded by Commissioner Flescher
and adopted by the following vote:
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ORDINANCE NO. 2025- 012
Chairman Joseph E. Flescher Yes
Vice -Chairman Deryl Loar Yes
Commissioner Joseph H. Earman Yes
Commissioner Susan Adams Yes
Commissioner Laura Moss Yes
The Chairman thereupon declared the ordinance duly passed and adt�d1is s�o:
h day of August 2025.
:L
BOARD OF COUNTY COMMISS40NE
OF INDIAN RIVER COUNTY, FLO1
By:
E. Flesc-her. Chairman
ATTEST: RYAN L. BUTLER, CLERK
AND COMPTROLLER
ByK�l'.L1bn✓J c7C
Deputy Clerk
Approved as to form and
Lega uffic' nc
�o/'Jenn'ifer W. Shuler
County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
c day of 2025.
0
Property Description
Anchoring Limitation Areas
2024-25 Rev 1
April 15 202
EXHIBIT "A"
PROPERTY DESCRIPTION
ACHORING LIMITATION AREAS
Portion of Sections 30-32-40, 31-32-40, 05-33-40, 06-33-40 & 07-33-40
Situated in the State of Florida, County of Indian River, City of Vero Beach, being a portion of th
Indian River, being a portion of Section 30, Township 32 South, Range 40 East; Section 31,
Township 32 South, Range 40 East; Section 05, Township 33 South, Range 40 East; Section
06, Township 33 South, Range 40 East; Section 07, Township 33 South, Range 40 East; and
described as follows:
Anchoring is limited within the following described areas:
Anchoring Limitation Area 1:
The area shown on sheet 2, lying within Section 07, Township 33 South, Range 40 East;
Containing 33.1 Acres more or less.
Anchoring Limitation Area 2:
The area shown on sheet 2, lying within Section 07, Township 33 South, Range 40 East;
Containing 9.4 Acres more or less.
Anchoring Limitation Area 3:
The area shown on sheet 2, lying within Section 06, Township 33 South, Range 40 East;
Containing 8.4 Acres more or less.
Anchoring Limitation Area 4:
The area shown on sheet 2, lying within Section 31, Township 32 South, Range 40 East;
Section 06, Township 33 South, Range 40 East and Section 05, Township 33 South, Range 40
East; Containing 91.2 Acres more or less.
Anchoring Limitation Area 5:
The area shown on sheet 2, lying within Section 30, Township 32 South, Range 40 East
and Section 31, Township 32 South, Range 40 East; Containing 23.6 Acres more or less.
Anchoring Limitation Area 6:
The area shown on sheet 2, lying within Section 30, Township 32 South, Range 40 East;
Containing 11.0 Acres more or less.
S:\Property Descriptions\2024\2024-25-Achoring Limitaion Areas Rev 1_Apr 15 2025.doc
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SECTION 253 SECTI 3032-40 SECTION 2932-40
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SECTION 3 3SECTSECTION 323230
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THIS SKETCH IS NOT A SURVEY SHEET 2 OF 2
REV. NO. AU7HRM.BY
CITY OF VERO BEACH omPROJECTEXHIBIT "A" oRwI DATE
Ma
CITY OF VERO BEACH
DEPARTMENT OF PUBLIC WORKS 2024-25 DO W1�
ANCHORING LIMITATION AREAS DAE URD Sr �Sr DESCRIPMN
ENGINEERING & SURVEY DIVISION 11reo24 DG MTM REVISED AREAS 1 AND
EXHIBIT "A"
PROPERTY DESCRIPTIONS
ANCHORING LIMITATION AREAS
Portion of Sections 1-32-39,12-32-39,13-32-39, 19-3240 and 30-3240
Situated in the State of Florida, County of Indian River, Town of Indian River Shores, being a
portion of the Indian River, being a portion of Section 1, Township 32 South, Range 39 East;
Section 12, Township 32 South, Range 39 East; Section 13, Township 32 South, Range 39 East;
Section 19, Township 32 South, Range 40 East; Section 30, Township 32 South, Range 40 East;
and described as follows:
Anchoring is limited within the following described areas:
Anchoring Limitation Area 1:
The area shown on Sheet 2 as "ALA AREA 1", lying within Section 1, Township 32 South,
Range 39 East; Section 12, Township 32 South, Range 39 East and Section 13, Township 32
South, Range 39 East; Containing 99.6 acres, more or less.
Anchoring Limitation Area 2:
The area shown on Sheet 2 as "ALA AREA 2", lying within Section 19, Township 32 South,
Range 40 East and Section 30, Township 32 South, Range 40 East; Containing 97 acres, more or
less.
Anchoring Limitation Area 3:
The area shown on Sheet 2 as "ALA AREA 3", lying within Section 30, Township 32 South,
Range 40 East; Containing 13 acres, more or less.
SHEET 1 OF 2
SECTION 02-32-39 SECTION 01-32-39 SHEET 2 OF 2
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ALA 4
AREA 1 1 INCH= 2,500 FEET
(99.6 ACRES +/-)
SECTION 02-32-39 SECTION 01-32-39 SECTION 06-32-40
�.; ECTION 11-32-39 SECTION 12-32-39 SECTION 07-32-40
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Indian River
Shores Anchoring
Limitation Areas
Legend
SECTION 11-32-39 SECTION 12-32-39 SECTION 07-32-40 ® Anchoring Limitation Areas
SECTION 14-32-39 SECTION 13-32-39 SECTION 18-32-40 1 -
,� Municipal Boundaries
A a �-
1 2 TOWN OF
\ G INDIAN
1 RIVER,,
SHORES,,
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SECTION 14-32-39 SECTION 13-32-391
SECTION 18-3
SECTION 23-32-39 SECTION 24-32-39
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SECTION 19-32-40
ALA ,
arts c °� AREA 2
(97 ACRES +/-)
SECTION 23-32-39 SECTION 24-32-39 ! �, i ', SECTION 20-32-40
f SECTION 29-3240
SECTION 26�42-39 ;SECTION 25-32-39 j ALA \
AREA 3
Cir A (13 ACRES
Ret
DRAWING NO.: IRS -24-508 — '--— -— -— - —- —- —
' v� \
PREPARED FOR: TOWN OF INDIAN RIVER SHORES CITY OF
PREPARED BY-
INDIAN
BEACH
INDIAN RIVER SURVEY, INC.
CERTIFICATE OF AUTHORIZATION #LB 7545
1835 20TH STREET, VERO BEACH, FL 32960 SECTION 30-32-40 1
PHONE (772) 569-7880 FAX (772) 778-3617