R-0981-98 Resolution No. 981-98
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL
OF MIAMI SHORES VILLAGE, FLORIDA, OPPOSING THE
U.S. ARMY CORPS OF ENGINEERS PROPOSED SETBACK
CRITERIA FOR STRUCTURES ALONG THE FEDERAL
CHANNEL OF THE INTRACOASTAL WATERWAY.
WHEREAS, the U.S. Army Corps of Engineers, Jacksonville District(Corps) is considering the
adopting of a more restrictive setback criteria for structures along the Federal Channel of the
Intracoastal Waterway(ICW); and
WHEREAS, the stated purpose of the proposed setback criteria is to provide for the safety of
navigational interests and the maintenance of the waterway; and
WHEREAS, the adoption of the proposed setback criteria will severely limit the adjacent owners'
rights to erect and maintain structures such as docks along the ICW; and
WHEREAS, the adjacent owners have the right to use and enjoy the property underlying the ICW
easement as long as their usage does not interfere with or abridge the rights of the ICW easement;
and
WHEREAS, there has been no substantial evidence presented that the present use and enjoyment
of the ICW easement by the adjacent landowners has interfered with or abridged the rights of the
ICW easement, specifically its maintenance and safe use;
NOW, THEREFORE, BE IT RESOLVED BY THE NIIANII SHORES VILLAGE COUNCIL,
MIAMI SHORES, FLORIDA:
Section 1. That the Village is convinced that the new restrictions proposed by the U.S. Corps
of Engineers are an unreasonable and unnecessary curtailment of private property
rights for the following reasons:
I) That measures other than prohibiting docks could be adopted that would
be more effective in promoting safe boating on the ICW.
2) That docks have not interfered with the very infrequent dredging
operations on the ICW and that there are other less drastic means to insure
future non-interference other than the adoption of the proposed
restrictions.
3) That the rights of recreational boaters, marine business entities and
waterfront property owners should not be restricted further without clear
and demonstrative evidence of the need for further restrictions.
Section 2. That a copy of this Resolution be forwarded to the U.S. Army Corps of Engineers,
and the Florida Inland Navigational District.
ADOPTED THIS 4th DAY OF NOVEMBER, 1998
Mary R s Agosta, Mayor
ATTEST:
Af'Ly
Barbara A. Fugazzi, C C
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney