Can You Own Waterways In Florida?

Can You Own Waterways In Florida?

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Florida reminds me of orange groves, Disney World, and adventures, but I cannot forget the beaches.

For every ardent traveler who wants to shift his attention from the common tourist destinations to something different, Florida beaches are the first things he will think about.

There are lots of beautiful rivers in Florida that have lots of fun water activities.

Many things will get you engaged as you move from one of the rivers to the other.

None of the rivers we selected will disappoint you if you love nature.

It may even surprise you that there is no dull moment in any of the rivers, and there is something for every age to be entertained with.

You will discover that most of them are perfect options for families on vacation.

There are about 1,700 rivers and streams all over Florida.

I will talk about the best among them and tell you the activities that await you in each of them and the security measures you will employ as you relax on their river.

Can

you own waterways in Florida

?

 It is general knowledge that non-navigable

waters like lakes

and ponds can be privately owned.

There is no law in Florida that talks about their reservation of rights.

They are also not among the government-owned properties listed in 1845.

Florida has more than 12,000 miles of rivers, streams, and creeks.

This is why water activities like whitewater rafting, kayaking, and river cruising are very popular in the state.

Can you own waterways in Florida?

Legally, the citizens of Florida are the owners of all the waterways in the state.

This is why the right of access of the people to the waterways is very necessary and seriously protected.

Can You Own Waterways In Florida?

Can You Own Waterways In Florida?

You will say that the waterway is private only when private individuals own all the land around it, and there is no other access to it from any public area.

State

laws in Florida

protect drinking water, ground rivers, lakes, estuaries, and wetlands.

These laws are also applicable in the reclamation of mined lands.

  The implementation of these laws is the responsibility of the Division of Water Resource Management (DWRM).

Division of Water Resource Management (DWRM)

This division has many programs that cover water facilities regulation and operational support services and functions.

Many of its staff

are in Tallahassee

.

Their staff in the department of Mining and Mitigation and Oil and Gas programs work from offices at different in the state.

The division is also the contact point between the

state and federal government on water-related programs like National Pollutant

Discharge Elimination System (NPDES), Drinking Water, Underground Injection Control (UIC), and assumption of the State 404 Program.

It is also responsible for oversight functions on some water and wastewater facilities in the state.

Some of its functions include industrial and domestic wastewater, NPDES stormwater, power plants, municipal separate storm sewer systems (MS4s), and public drinking water systems.

The division also regulates the environmental resource permitting of mines and mitigation banks in Florida.

According to its spokesman, the division will diligently continue on its mandate to safeguard the water resources in Florida and continue to work with local communities to improve the natural systems of Florida.

The division will continue to develop more certain, consistent, and effective regulatory frameworks to achieve its mandate.

Are creeks private property in Florida?

Water is a public resource but held in trust by the government for the people.

For a body of water to be classified as navigable in Florida, it has to be potentially useful for public commerce or recreation by 1845, the year Florida gained state status.

Title to every navigable waterway, the land up to the mean high-water line inclusive, belongs to the Florida State government.

This is the law that gave the government of Florida the title and right of control over the beaches of Florida.

For instance, the government of Florida has the title over

Clearwater Beach

, up to the mean high-water line, and all waters adjacent to it.

The waterways along the coast and bays are naturally navigable waters.

Landowners whose lands border

Florida Coastline do not have property

rights down to the coastline.

They have no right to build structures on the water or restrict the public from the beach.

Landowners at the waterfront have “riparian rights”, which means they have the right of access to the navigable water, and the right to a waterfront view joined to the basic right to use the upland property they originally had.

Another issue of contention is docking rights.

Owners of waterfront properties need to get dock permits from the government to dock their boats on the waterfront, and neighbors along the waterfront often disagree on where the riparian rights of each property owner are.

The law of

Florida permits you to build a dock

that will give you access to the navigable water on your property as long as your property terminates at the navigable water.

Equity must apply in the allocation of riparian rights to waterfront property owners to ensure that everyone has access to navigable water.

You have to obtain an injunction or seek declaratory relief from a court if your fellow landowner tries to stop you from building docks that will give you access to the navigable water.

FAQs

Who owns creeks in Florida?

The Constitution of Florida in Art X  gave the state government the right or ownership of navigable waters in the state.

According to this law, such waters belong to the public but are held in trust by the government on their behalf.

Who owns groundwater in Florida?

Some groundwater is privately owned, while some are publicly owned.

The publicly owned groundwater is normally distributed to the public through an appropriation system.

According to land ownership or liability rules, there is no limitation to producing privately owned groundwater.

How much of Florida is owned by the state?

Most lands in Everglades, Big Cypress National Park, and Dry Tortugas Park are public lands owned by the federal government.

About 14.

2% of the

land area in Florida

belongs to the state government, while about half a million acres of land in the state belongs to the local governments.

 

ABOUT ME

Born & raised amidst the gators and orange groves of Florida, I’ve waded through the Everglades and braved the dizzying heights of Orlando’s roller coasters.

About Us Jeff from TravelMagma

But FL is just the beginning of my adventures.

I’ve journeyed far and wide. Yet, it was the serene beauty of Japan that truly captured my heart.

I even wrote my own little
Caribbean Guide.

But…

My 2nd book “Things I Wish I Knew Before Going to Japan” became a bestseller, a guide filled with wisdom:

TravelMagma is where I tell the tales of the road, capture the essence of each destination, and inspire you to make your own footprints around the globe.

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Jeff