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Q: Laws about clearing plants in small waterways ( No Answer,   2 Comments )
Question  
Subject: Laws about clearing plants in small waterways
Category: Sports and Recreation > Outdoors
Asked by: swamiarcher-ga
List Price: $15.00
Posted: 17 Sep 2002 17:04 PDT
Expires: 17 Oct 2002 17:04 PDT
Question ID: 66190
I live in Hillsborough County, Florida.  Next to my house is a small
creek/storm drain that is in the "conservation area" of my
development, which is a protected wetland area owned by my homeowners
association.  I like to ride my kayak down the creek to Tampa Bay. 
Sometimes, plants have fallen or grown in the waterway so that I
cannot get past without cutting the plants back from the waterway.  I
believe I have the right to cut these plants because they are
obstructing a navigable waterway, but would like to have a copy of the
law in my pocket in case I am ever stopped (as far as I know, I'm the
only one using the waterway for kayaking and I've gotten some strange
looks from the neighbors!).  My question is, Can you please show me a
copy of the law that allows me to cut plant material that is in a
navigable waterway, even if the plants and waterway are in a wetland
conservation area.  Thanks!
Answer  
There is no answer at this time.

Comments  
Subject: Re: Laws about clearing plants in small waterways
From: duncan2-ga on 17 Oct 2002 00:11 PDT
 
I haven't yet found specific policies or regulations that match what
you're looking for.  You might, however, want to check with the
American Canoe Association.  Their website is here:
http://www.acanet.org/acanet.htm

Conservation and paddler's rights appear as key issues on several of
their pages, and considering that they have an Issues and Legislation
section in their "Action Net" pages, they probably have a reasonable
idea of current paddler's rights (and moreover, where they're
documented).

Their contact page includes phone and email contacts.
American Canoe Association
7432 Alban Station Blvd, Suite B-232
Springfield, VA 22150
Phone: (703) 451-0141
Fax: (703) 451-2245
General Email: aca@acanet.org

Good luck!
Subject: Re: Laws about clearing plants in small waterways
From: omnivorous-ga on 17 Oct 2002 09:30 PDT
 
Swamiarcher --

I'm the member of an Open Space Committee for our Homeowners'
Association (state of Washington).  We operate under state
conservation rules, sometimes administered by the state (Department of
Conservation regulates salmon streams) and sometimes administered by
city/county regulations (activities in wetland areas; tree cutting in
open space).

We have four or five distinct areas: streams, wetlands, drainage
areas, open space.  Each has different requirements.  For example,
around drainage areas we can maintain plants but can't use
insecticides or herbicides.  Another example: for open space
conservation, approval of the city is necesary to cut trees.  Under
state guidelines, dead trees can't be cut unless they are a hazard to
people or property.

My recommendation would be to start with your HOA (you might even wish
to participate in one of the committees).  Be careful to research what
the regulations really say -- often people pass along incorrect
information; rules change; and there are often grey areas.

P.S. -- You don't live along Sheldon Road, do you?

Best regards,

Omnivorous-GA

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