Oh, oh. Really? Then how come you never gave me a trespassing ticket? You've seen us coming and going from under "the docs" (and you know the ones I'm talking about) all the time.Gary D.:
Legalities of diving around docks?
- Thread starter teknitroxdiver
- Start date
Please register or login
Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.
Benefits of registering include
- Ability to post and comment on topics and discussions.
- A Free photo gallery to share your dive photos with the world.
- You can make this box go away
Richesb
Contributor
Monroe County Florida (Florida Keys - DON'T DO IT!!!!!!!!!
You will be arrested.
Illegal to dive in all residential canals, within 300 feet of residential property, etc.
You will be arrested.
Illegal to dive in all residential canals, within 300 feet of residential property, etc.
Rick Inman:Oh, oh. Really? Then how come you never gave me a trespassing ticket? You've seen us coming and going from under "the docs" (and you know the ones I'm talking about) all the time.
I'd like to see security come out and try and catch you. The docks next to Tubbs Hill are public so your safe. ;(Something I didnt mention earlier is when I said LOCAL regulations you need to check deeper. Our bigger lakes can have around a dozen jurisdictions per body of water. So you might be allowed to do something on or under one dock but be arrested for doing the same thing right next to it.
On Coeur dAlene Lake alone we have the State of Idaho, Kootenai County, Benewah County, Coeur dAlene City, Department of Lands, DEQ, EPA, Fish and Game, The Coeur dAlene Indian Tribe and a host of others. Their regulations are all very different in regards to the water so you need to check and see what they are.
As far as a dock owners permit for a private or marina docks their permit DOES cover the state land and the water passing between the two.
We were diving outside of but next to the Coeur dAlene Resort s couple of years ago. Security came out onto the Boardwalk and ordered us away from THEIR property. We informed them that we were not in the Marina but they said we were to close it. :shakehead
They said they were going to call the Sheriff and we said go ahead. They did and when the call came out we responded to see what the problem was.
It took a while before they caught a clue and realized the big aluminum boat we were diving out of said SHERIFF in 8 tall letters on the side. I guess the red and blue lights didnt give it away either. The public was there watching and it was better than watching the Blue Color Tour. Now they know why those idiots were security guards. Mac Donalds was to high tech for them.
Get Er Done.
Gary D.
mike_s
Contributor
teknitroxdiver:
Like I said, not different that a fisherman sitting in his boat casting up under their dock...
he can scream all he wants, but he has no legal recourse. The property owner doesn't own the land under the dock, he just has a right-of-way easment to build the dock on. It's still a public navigatable waterway. The only thing you can't do it block access to his dock.
SoCalMike:
Yeah... no shiiiit !
Remember the FBI supeoned PADI, NAUI and others for a list of people taking diving courses because they were worried about an underwater attack.
adurso
Contributor
This issue revolves around riparian rights, and depends upon jurisdiction as others mentioned. In Virginia I own my water but cannot prevent others from crossing it, but I can prevent others from using the river bed etc. Much depends on the location, in Florida many canals are manmade, therefore they can be owned, if it is natural waterway other laws apply. Best thing to do is check local ordinances and state laws
mike_s
Contributor
One more reference since the Original Poster is asking about Gulf Shores, AL.
You can't legally dive the state park pier. This was because it's a fishing pier and was intended to keep people away from it due to fishing, but it's been closed since hurricane Ivan store it apart. So some folks dive it now, but I don't think they've removed the law against it.
I'm pretty sure that Bugman dives it without problem (diving). (They will hassle you about parking near it I think).
See reference below.
You can't legally dive the state park pier. This was because it's a fishing pier and was intended to keep people away from it due to fishing, but it's been closed since hurricane Ivan store it apart. So some folks dive it now, but I don't think they've removed the law against it.
I'm pretty sure that Bugman dives it without problem (diving). (They will hassle you about parking near it I think).
See reference below.
DiveMom1927
Contributor
Bottom Line, I think it depends on Which Docks and What state you are in.... Im sure state laws are different everywhere....
A few weeks back, I planned a big diving trip to a spring out inthemiddle of nowwhere. A member here gave me pictures of the site and directions, he'd been out there about 6 months before and hooked me up with lots of good info so I'd stay safe diving there. It's listed in DeLoach's guide to Underwater Florida too. We show up, and have trouble finding the place. Ask some people nearby where it is, they tell us that the road is closed but you can walk to it. We walk back there, and notice a large fence.....we are, of course, outside of the fence. Dog starts barking, guy comes out and starts screaming and yelling that he is goin gto call the cops. About this time, we notice the spring, inside of the fenced in area.....
....so apparently he bought the property and lickety split put up a fence and all....I don't know if we were on his property (he claimed we were), but the plainest signs I saw were on the fence, and we were a good 20 feet away from teh fence. If the rest of it was his, I don't know why he didn't fence it or mark it as well. If he'd just put up a sign saying "Devil Spring/Devil's Hole is now privately owned. Please stay off land." then we would have understood and stayed away, but we figured he'd bought the land near it and we were trying to find it.
Anyways, I was a little pissed at him, mainly because all he did was scream at us while we tried to ask him where the spring was and what was going on and yessir we are leaving but could you please tell us nevermind jerkfaceprigbutt.
So my fate is sealed, one day I am going to be an attorney, or a cop. If I'm a cop, I'm going to sit over by his property and see if I can catch him on any one small bit of the law Then I'll throw his butt in jail and quit being a cop, and get a job as an attorney. Then I'll get someoen to sue him fo rsomething, and I'll ruin his life.
So I don't know aobut dock laws and whatnot, but I think in life it pays to mark things well and be willing to talk to people who trespass or who are coming too close and let them know and ask them to leave please. If I owned a dock and didn't want people diving nearby, I'd put "no trespassing" signs underwater, the divers would think it was funny and leave, and I'd probably never have a problem. It's when people start screaming and yelling and being unreasonable that no one figures anything out, and I really have a problem with people who are that unrespectful to people. Ergo, I have a problem with Mr. Screamyface and if I ever find a way to make his life difficult, I remember what he looks like, and I'll return the favour. And if I was yelled at for being too close to someone's docks, I'd do the same.
....so apparently he bought the property and lickety split put up a fence and all....I don't know if we were on his property (he claimed we were), but the plainest signs I saw were on the fence, and we were a good 20 feet away from teh fence. If the rest of it was his, I don't know why he didn't fence it or mark it as well. If he'd just put up a sign saying "Devil Spring/Devil's Hole is now privately owned. Please stay off land." then we would have understood and stayed away, but we figured he'd bought the land near it and we were trying to find it.
Anyways, I was a little pissed at him, mainly because all he did was scream at us while we tried to ask him where the spring was and what was going on and yessir we are leaving but could you please tell us nevermind jerkfaceprigbutt.
So my fate is sealed, one day I am going to be an attorney, or a cop. If I'm a cop, I'm going to sit over by his property and see if I can catch him on any one small bit of the law
Then I'll throw his butt in jail and quit being a cop, and get a job as an attorney. Then I'll get someoen to sue him fo rsomething, and I'll ruin his life. So I don't know aobut dock laws and whatnot, but I think in life it pays to mark things well and be willing to talk to people who trespass or who are coming too close and let them know and ask them to leave please. If I owned a dock and didn't want people diving nearby, I'd put "no trespassing" signs underwater, the divers would think it was funny and leave, and I'd probably never have a problem. It's when people start screaming and yelling and being unreasonable that no one figures anything out, and I really have a problem with people who are that unrespectful to people. Ergo, I have a problem with Mr. Screamyface and if I ever find a way to make his life difficult, I remember what he looks like, and I'll return the favour. And if I was yelled at for being too close to someone's docks, I'd do the same.
mike_s
Contributor
DiveMom1927:
He said Alabama in his first post, which is what the references to the law is that I posted......
But you are right, state laws are different everywhere.
Jahjahwarrior:
Actually, you can still dive the spring in Florida if you can reach it by boat (canoe, etc)....
Under the Navigatable Waterways act, he can't obstruct the outflow of the spring and you can still dive it if you can reach it via boat.
A perfect example of this is Cypress springs in Florida. All the land around it is privately owned now and there is no land access. People here still dive it. They just have to put in at the boat ramp downstream of it and paddle up to it.
Of course you can't get on the land legally. In most states, riparian rights start at the high water mark.
Dave Boling
Registered
It sounds like you handled it like I would. I find that if someone is yelling and your that far away ignoring them pisses them off worse. So, thats what I would have done...
Similar threads
