Legalities of diving around docks?

[teknitroxdiver]

What are the laws concerning the water around private docks? For example, if a dock is posted no trespassing/private property, can a diver legally occupy the water surrounding and under that dock? Let's say a large resort's empty dock area near a public beach in Alabama.

Thanks!

 

[String]

Cant speak specifically for america but generally not.

Most countries i know of have restricted areas - these are charted officially.

In the UK if diving you'd more than likely get a warning, possibly a fine off the coastguard. Do it again you'd probably get your kit seized and a bigger fine.

In Greece you'd get arrested immediately, your equipment confiscated and a large fine right from the start.

Most private property is private regardless of if its land or water.

 

[Gary D.]

Depends on the state and local regulations. Here in Idaho a person who leases dock space also has the column to and including the bottom. No Trespassing signs only have to be posted every 660' and aren't needed. A red square on something means the same thing. So does any boundary that would lead a normal person to believe the property is private. Here public docks have yellow pilings and dock rails. Everything else is private.

Gary D.

 

[jaybombs25]

I think where Im from no one can leagally own a beach or the water. Therefore all beaches are public and access has to be maintained for the public. Also this makes anyone able to dive anywhere I guess.. I've been chased from docks/ jetties. But never from the water surrounding them.

 

[mike_s]

What are the laws concerning the water around private docks? For example, if a dock is posted no trespassing/private property, can a diver legally occupy the water surrounding and under that dock? Let's say a large resort's empty dock area near a public beach in Alabama.

Thanks!

If the dock is on a privately owned lake, I'd say the answer is no, you can't dive there.

If the dock is on a public waterway (river, lake, ocean, bay, inlet, etc). I see no reason you can't dive there. It's not different than a fisherman sitting in his boat off the dock 5 to 10 feet casting up against/under the dock.

As far as I know, the land abstract of the land title shows ownership to what is surveyed to be the "land" as it approaches/meets the shoreline (at normal pool level). I've never seen one that extends underwater.

In Alabama, the dock owner doesn't own the "space" under the dock.. The Dock Owner has a "right of way" given by the Alabama State Docks Department. See Code of Alabama Section 33-2-6



Furthermore, they can't keep you out if since it's a navigable waterway.

Section 33-7-1 says "All navigable waters in this state are public thoroughfares."


However, you can't tresspass upon the dock (or piles). (but doesn't say "under" it just like it doesn't keep a pilot from flying over it.).
Section 33-7-9

Trespass after warning on booms, bulkheads or piles erected, etc., by riparian proprietors.
Any person who, having been warned within the 12 months next preceding by the owner or proprietor not to do so, trespasses upon any boom, bulkhead or piles, lawfully erected or maintained in any of the waters of this state by any riparian owner or proprietor, by fastening any boat or other thing thereto, or by making any other use thereof, without first having obtained the consent of such owner or proprietor, or any person who continues to make such use of any such boom, bulkhead or piles, after being warned by the owner or proprietor thereof to discontinue the same, shall, on conviction, be fined not less than $10.00 nor more than $100.00 for each day he continues to make such use of such boom, bulkhead or piles, and one half of the fine shall go to the owner or proprietor thereof.

Note thoguht, in the State of Alabama you will need a Dive Flag to dive there.
AL Code Section 33-5-22

 

[Bob3]

Gary's hit the nail on the head, it depends on local regs as well as what body of water it's on.
The Great Lakes, for instance, are public up to the high water mark on the beach. In some areas that can be a couple hundred yards.
You'd have the best luck tracking down your local Department of Natural Resources (DNR for short) aka "Game Warden", "Fish & Game", or whatever they're called down by you & ask them.

 

[mike_s]

You'd have the best luck tracking down your local Department of Natural Resources (DNR for short) aka "Game Warden", "Fish & Game", or whatever they're called down by you & ask them.

I doubt your average Game Warden would know laws about Navigatable Waterways.

They are more concerned with "how many fish you got in that der' bucket son...?"

 

[mike_s]

Look at this also for Alabama DNR. It gives priority of state owned submerged lands to swimming, etc and secondary purposes of building docks, etc...

ALABAMA DEPARTMENT OF CONSERVATION
AND NATURAL RESOURCES ADMINISTRATIVE CODE

CHAPTER 220 4
STATE LANDS DIVISION


220 4 .09 Placement And Configuration Of Piers And Other Improvements On State Submerged Lands.

(b) Resource Management.

1. All state owned submerged lands shall be subject to navigation priority and shall be managed primarily for the maintenance of essentially natural conditions, propagation of fish and wildlife, and traditional recreational uses such as fishing, boating, and swimming. Compatible secondary purposes and uses which will not detract from or interfere with the primary purpose may be allowed.

 

[teknitroxdiver]

It was under the pass at Orange Beach, AL. There's a dock belonging to a condo/hotel/tall thingy with windows and people. A public beach is about 100' away. I swam underwater to it, and got a bit turned around so I surfaced to see where I was at. A guy 200 yards away at the hotel pool screamed at me to get out of the dock area because we were trespassing. I told him we weren't touching the docks and he couldn't own the water. He said if we didn't leave, he was calling the cops. I told him to do as he pleased, and waved nicely as I dumped my wing and continued on my way. (I did go ahead and end the dive, though, since I don't see any benefit in getting people irritated)

 

[SoCalMike]

You may also want to refrain from yelling "Allah Akbar" just before you take a giant stride into the water. That and some misc wires hanging from you may confuse homeland security just a bit!