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Originally Posted by TomC
Waterfront owners do have more rights to the waterfront than the general public:
3. Waters--Public--Littoral Owners
Private rights of littoral owners include but are not limited to the right to use and occupy the waters adjacent to their shore for a variety of recreational purposes, the right to erect boat houses, and to wharf out into the water.
So... If the waterfront owners successfully make the case that their littoral rights to use the waterfront adjacent to their properties for recreational purposes are infringed upon by a raft - then the No Rafting zone is passed..
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Thanks for the heads up Tom... So, what exactly is your position???
I am all for land (island) owners rights and the right to use and occupy the waters adjacent to their shore for a variety of reaons that they wish... But what is the definiton of Adjacent??? Many of these coves do not have houses/cottages directly in front of where the rafting zone is (Braun Bay).
As long as the land owner can come and go by boat as they please and can swim without obstructions in front of their place and as long as you have respect for the cove and don't infringe on the land owner's rights (i.e. - follow the laws/rules appropriately) there should be NO ISSUE. THERE IS NO DIRECT EVIDENCE that rafting in this area or any area for that matter infringes on any littoral rights (that was 1979 - had to dig to find that one?) -so I think the MAJOR ISSUE in question, is that people don't want a small group of boaters in front of their property detracting from their pretty little views... If people have an issue, call the Marine Patrol and have them go check it out - that is their job... DON'T PETITION THE STATE and try to get a "Back Door" fix to a problem that you perceive as there when nobody else does! I am a responsible boater and like to raft with 5 +/- others who enjoy it as well...