On December 2022 the City Commission referred an item to the Finance and Economic Resiliency Committee (FERC) for discussion (Attachment A).   The referral item is to discuss “how the City can work with Miami Dade County to establish anchor limitation areas in locations beyond the proposed municipal mooring field.  Neighbors from the Palm, Hibiscus, and Star Islands & Sunset Islands have asked for this to be explored as they fear derelict vessels will invade their neighborhoods once the municipal mooring field is established.” 

Resolution 2023-32646 (Attachment B), sponsored by Commissioner Ricky Arriola, was adopted at the June 2023 City Commission meeting.  The resolution specifies that mooring field operations shall not commence unless and until anchor limitation areas are established for the residential islands including Sunset Islands I through IV, Star Island, Palm Island, and Hibiscus Island, in accordance with section 327.4108 of the Florida Statutes.

During the September 2023 Finance and Economic Resiliency Committee (FERC) meeting, committee members requested the item return for discussion at the October 16, 2023 FERC meeting. The committee requested a representative from Miami-Dade County to provide an update on the County’s position regarding Anchoring Limitation Areas (ALAs).

Anchoring Limitation Areas (ALAs) are defined by State Statute 327.4108 (Attachment C) which establishes grandfathered ALAs with parameters and characteristics; and allows Counties to establish future, less restrictive ALAs.  For grandfathered ALAs, anchoring of vessels is prohibited between one-half hour after sunset and one-half hour before sunrise.  In Miami Beach, Sunset Lake, between Rivo Alto Island and Di Lido Island, and between San Marino Island and San Marco Island are grandfathered into the Statute to prohibit overnight mooring.

It is important to note that new County-established ALAs would be less restrictive than the grandfathered areas.  They would allow for a vessel to remain anchored in one location for 45 consecutive days in any six-month period and relocate at least a mile away to not exceed the denoted time.

As a result of the Statute, Miami-Dade County passed County Resolution 221350 (Attachment D) directing County Staff to conduct a study and make recommendations regarding the establishment of additional ALAs in Miami-Dade County due to an observed increase in vessels anchored/moored in County waters. This study will include coordination with other organizations and governmental entities including the Florida Fish and Wildlife Conservation Commission (FWC) and municipalities in the county that border Biscayne Bay, such as the City of Miami Beach. The study should include at a minimum a review of existing state and local regulations including but not limited to the County’s Manatee Protection Plan, criteria to recommend ALAs and the policy justifications for these areas, as well as the fiscal impact of establishing, implementing, and enforcing ALAs.  The Environment and Sustainability Department met with the County staff on multiple occasions regarding establishing the need for ALAs in Miami Beach. In addition, the Police Department Marine Patrol Division also attended one meeting.

To prohibit overnight mooring in the areas approved by City Resolution 2023-32646, the Florida Legislature would need to amend the Statute. The Administration has included the establishment of ALAs as a priority within the 2024 State Agenda to foster safer and more environmentally friendly waterways. However, the City will also continue to work with the County on their process to establish ALAs. 

The Administration will continue to communicate with the appropriate parties with the goal of creating Anchoring Limitation Areas within the City of Miami Beach as directed in the City Commission Resolution.  ALAs are an option to help alleviate some residential concerns for a well-managed waterway.