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post #11 of 48 Old 02-11-2020
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Re: 2020 Overnight Anchoring Restrictions in Georgia

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So ......These waterways are owned by the state but held in the public trust for all to use.....
Is that really the case, or would these be federal waters, where an old act from the 1800s (I canít recall the name) delegated rights to the States to regulate. Not sure this matters, more than who you might be leveraging.

The trash thing is indefensible, if true. The black water thing is more frustrating. Want to bet the homeowners septic system is having a notably more negative impact on the adjoining waterway than any recreational boats discharge every would. Of course, recreation boats should not do it and, in significant quantity, would be worse. However, shoreside properties typically put large amount of nitrogen in the waterways from septic leaching and lawn fertilizer.
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post #12 of 48 Old 02-11-2020 Thread Starter
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Re: 2020 Overnight Anchoring Restrictions in Georgia

Minnewaska:

I forgot to comment on BoatUS. They've recently come out with a strong letter to Governor Kemp in this press release.
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post #13 of 48 Old 02-13-2020 Thread Starter
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Re: 2020 Overnight Anchoring Restrictions in Georgia

How big is a 1000ft radius semi-circle? I wrote this open letter and sent it to several cruising oriented publications.

Taking The Bat and The Ball & Going Home

So my friend James Newsome (co founder of Facebook Group ďSave Georgiaís AnchoragesĒ and I were ruminating about the impact of a single structure of a waterfront property owner now taking exclusive control of a huge swath of waterway and prohibiting anchoring.

We believe the structure now causes unreasonable obstruction to navigation and have started discussions with US Army Corps of Engineers as they have a role in administering the permitting process for these waterfront structures under PGP0083 Ė but thatís a topic for another day.

A semi circle defined by a radius of 1000ft off a waterfront property ownerís structure is 36 acres.

So how can we picture one acre? A football field is approximately 1.32 acres.

(Ref: https://www.stack.com/a/how-many-acr...football-field)

So 36 Acres / 1.32 Acres per football field = 27.3 football fields!

Iíve heard about unsportsman like conduct when one kid takes the bat and ball and goes home and ends the game for everyone. Looks like this time the one kid is taking the bat the ball and 27 football fields away to end the game for everyone.

Addendum:
For those of you interested in the math:

A semi circle with a 1000ft radius from a structure is equivalent to 36 acres.

Area of a circle = p r2 so 3.14 * (1000ft)2 = 3,140,000 square feet

1 acre = 43560 square feet

So the area of that semi circle = 3,140,000 sq ft / 43560 sq ft per acre / 2 = 36.0 Acres

A football field is approximately 1.32 acres.

(Ref: https://www.stack.com/a/how-many-acr...football-field)

36 Acres / 1.32 Acres per football field = 27.3 football fields
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Re: 2020 Overnight Anchoring Restrictions in Georgia

The math makes an even better case for arbitrary and capricious. Iím surprised legal action hasnít ensued to force the State to explain their rationale for these specific limits. Have they already tried to make clear why they picked 1000ft? It would far from the first time that a law was passed, knowing it could be challenged, but the legislature takes its chances.


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post #15 of 48 Old 02-14-2020 Thread Starter
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Re: 2020 Overnight Anchoring Restrictions in Georgia

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The math makes an even better case for arbitrary and capricious. Iím surprised legal action hasnít ensued to force the State to explain their rationale for these specific limits. Have they already tried to make clear why they picked 1000ft? It would far from the first time that a law was passed, knowing it could be challenged, but the legislature takes its chances.
I have not seen any logical rationale for 1000ft, other than "to reduce conflicts between homeowners and boaters". I guess if you get all the boaters "outta my sight from my house" there will be fewer conflicts. Ironically if "distance" is the solution to "conflicts", the law specifically excludes recreational fisherman who are going to be close to their docks and fishing the structures.

We had an attorney on our FB Group raise his hand and offer to defend, pro bono, the first boater arrrested / charged under the new law. Sadly that is what it may take...
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Re: 2020 Overnight Anchoring Restrictions in Georgia

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I have not seen any logical rationale for 1000ft, other than "to reduce conflicts between homeowners and boaters". I guess if you get all the boaters "outta my sight from my house" there will be fewer conflicts. Ironically if "distance" is the solution to "conflicts", the law specifically excludes recreational fisherman who are going to be close to their docks and fishing the structures.

We had an attorney on our FB Group raise his hand and offer to defend, pro bono, the first boater arrrested / charged under the new law. Sadly that is what it may take...
So is a potential work around to the law to have a fishing pole handy?

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Re: 2020 Overnight Anchoring Restrictions in Georgia

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So is a potential work around to the law to have a fishing pole handy?
Just make sure you have a state fishing license! But seriously, one can claim safe harbor, i.e. the need to anchor to make repairs.

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Re: 2020 Overnight Anchoring Restrictions in Georgia

It is an overreach by the state - appreciate you taking the time to raise awareness of the issue. Hopefully the BoatUS campaign will help the governor see the light and spur a change in the regulations. If not - at some point I have to believe this will be challenged in court and hopefully it will be heard in a court with a judge that will rule based on matters of law......

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Re: 2020 Overnight Anchoring Restrictions in Georgia

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....We had an attorney on our FB Group raise his hand and offer to defend, pro bono, the first boater arrrested / charged under the new law. Sadly that is what it may take...
Many have this romantic hippie with a cause image about civil disobedience, but this is really what itís tactically used for. If the legislature just passed the law, there is absolutely no way one will refocus their attention on changing it. Unless the governor hasnít singled it yet, the BoatUS letter is only going to make their membership feel like they are doing something. If itís signed law, Iím pretty disappointed in BoatUS after the fact. Itís little more than pandering.

The way signed law is modified is through the court system. Itís very intentionally designed that way. Legislatures pass laws they know are not fully detailed or supported and expect those details will be sorted out in the courts. The cause often needs someone to suffer an injury (arrest, fine, penalty) in order to bring the action forward. If no one has been injured, itís harder to get the courts to simply take up a constitutional matter.
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post #20 of 48 Old 02-16-2020 Thread Starter
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Re: 2020 Overnight Anchoring Restrictions in Georgia

Legislators must rely on subject matter experts and lobbyists to understand what is put before them, I get that. But how did House Bill get overwhelming support in the House (Yea 162 Nay 1 NV 8 Exc 9) and Senate (Yea 45 Nay 0 NV 4 Exc 7)?
(Ref: HB*201*2019-2020 Regular Session)

Here is how HB 201 Sponsor Rep Hogan presented it in the House. Video by Georgia Public Broadcasting


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Last edited by arisatx; 02-16-2020 at 12:01 PM.
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