LAW CHANGE ALLOWS ISLAMORADA PROPERTY OWNERS TO ACCESS THEIR OWN DOCKS

an aerial view of a beach with boats in the water
A swim zone/vessel exclusion zone prohibits boats from anchoring within 300 feet of the high mean water line off Port Antigua and White Marlin Beach. A section near a dock, however, allows vessels to get closer. GEO TOTH/Contributed

An amendment that added a 350-foot section of submerged land into a 300-foot swim area/vessel exclusion ordinance for Port Antigua and White Marlin Beach earlier in the month was rescinded by council members during an Oct. 25 meeting. The move came after property owners within the recently added section were under the belief that they still would be able to use their docks. 

In August 2020, the dais voted to implement an area off the shoreline near the Lower Matecumbe community that kept vessels from anchoring too close to homeowners’ property. The swim area/vessel exclusion zone sought to address issues of people coming onto private property and party boat traffic near the shore. Buoys delineating the swim area were installed in May 2021. 

However, the approved swim area left out a 350-foot section that contained private docks. In August, the village council considered an amendment to the ordinance that added the section into the swim zone. It not only excluded vessels from entering the area, but it also prohibited those property owners, guests and any others from accessing their docks by boat. It passed 4-0. A second reading was heard on Oct. 6 and passed via a 5-0 vote. 

According to village officials, property owners were under the misconception that they still would be able to get their boats in and out of their docks. They subsequently told the village that an inability for them to use their docks was an issue. After further discussions, representatives for the property owners asked the village to rescind the Oct. 6 vote.

Village Manager Ted Yates said he and other officials met with residents in an attempt to work out a creative solution to the issue. 

“We’ve got Peter (Frezza) working on a solution where we can have the swim zone tightened with a channel that would come through where (it’s) strictly at idle speed. … the boats can come through. Once they (boats) get to the end of the channel they immediately have to go to one of their docks,” Yates said. 

From an enforcement standpoint, Yates said they’re looking to create an area where boats can’t pull up and anchor the way they are now.

“We just need to make sure that the potential solution is legal and we can do it,” he said. “The residents are on board and happy with the potential solution. They understand we’re pursuing it right now.”

In other matters, the dais unanimously approved a work authorization with Cyriaks Environmental Consulting Services Inc. (CECOS) for the collection of historical land maps to view vegetation that once covered the village to current hardwood habitat. CECOS will collect historical aerial imagery and GIS data from Monroe County, Department of Environmental Protection and South Florida Water Management District. 

According to Dan Gulizio, planning director, the proposed mapping project provides habitat information to guide potential changes to the village’s land development regulations. Maps will examine the four islands making up Islamorada and quantify acreage of tropical hardwood hammocks, mangrove wetlands and developed and distrurbed areas. Cost for the services wouldn’t exceed $39,963.64. 

“Taking stock and better understanding the habitat lost is an essential building block,” Gulizio said. “We’re looking at vacant and development properties, but the other important thing we need to look at is how much hammock was lost during development patterns that occurred over the years in addition to mangroves lost.” 

Council members also approved the appointments of Maria Bassett, finance director, and Amanda Merren, public relations specialist, to the village canvassing board. The village’s charter requires the canvassing board to be composed of council members who are not running for reelection. Since all members on the dais are running for another term in office, Village Clerk Marne McGrath will serve as the chair of the board with Merren and Bassett serving as the other two members. 

The board will certify the vote totals provided by the Monroe County Supervisor of Elections after the County Canvassing Board finishes certifying all ballots. The last group of ballots to be certified is the military and overseas ballots on Nov. 18 at 4 p.m. The Village Canvassing Board is scheduled to meet on Nov. 21 at 3:30 p.m. to certify the county vote totals and release the final election results. 

Jim McCarthy
Jim McCarthy is one of the many who escaped the snow and frigid temperatures in Western New York. A former crime & court reporter and city editor for two Western New York newspapers, Jim has been honing his craft since he graduated from St. Bonaventure University in 2014. In his 5-plus years in the Keys, Jim has enjoyed connecting with the community. Jim is past president of the Key Largo Sunset Rotary Club. When he's not working, he's busy chasing his son, Lucas, around the house and enjoying time with family.

Subscribe To Our Newsletter

Get Keys Weekly delivered right to your inbox along with a daily dose of Keys News.

Success! Please check your email for confirmation.