Cape Coral Local Restrictions
  Land Use and Development Regulations

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Section 3.16

. . . Seawalls, davits, docks, piers and mooring posts shall not be constructed in the Caloosahatchee River without first obtaining the approval of all Federal and State agencies and a permit from the City of Cape Coral. . . No vessel, barge or boat shall be anchored offshore in any of the waterways adjacent to the city, except for emergency repairs, awaiting rescue, or when occupied for lawful purposes.

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Article I. Discharges from Watercraft Used for On-Board Living

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Section 10-2

   On-board living: Eating, sleeping and carrying on other living activities aboard any vessel while it is moored or docked on the waters within the city or the boundaries thereof.

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   Vessel. Any boat, ship or other type of watercraft or contrivance capable of being used for transportation on water or as a floating object on which "on-board living" may be carried on.

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Section 10-3. Use of watercraft for dwelling purposes.

   No boat, houseboat, vessel, barge or watercraft of any kind may be used as a place of abode or dwelling while anchored, moored or tied up in any part of any canal or other waterway in this city, except as provided in this article.

Section 10.4. Prohibited Activities.

   It shall be unlawful for any person to:

(a) Discharge or permit the discharge of treated or nitrated sewage from any vessel or marina under his control or command into the waters of this city.
(b) Discharge any solid waste into the waters of this city or onto the adjacent shore or any adjacent structure in such a manner that it may be washed into the waters of this city.
(c) Discharge, other than accidentally, any visually detectable oil, petroleum product, oil sludge or oil refuse into the waters of this city. Any accidental spill of such materials in excess of one gallon to the waters of this city or onto adjacent shores or structures shall be immediately reported to the city, and it shall be the duty of the person responsible for such discharge or spillage to remove it to an extent and in a manner satisfactory to the city.
(d) Occupy or permit the occupancy of any vessel under his control or command for on-board living in any of the waters of this city, except at a marina having a currently valid operating license issued by the city.
(e) Operate a marina in this city unless he has a currently valid operating license issued by the city.

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Section 10-10. Hand operated boat regulations.

   Owners or operators of rowboats, canoes, and other hand-operated boats must not allow any such boat to be operated so as to interfere with sailboats or in a manner which reflects lack of diligence or caution in the avoidance of a collision with any other boat.

Section 10-11. Water Skiing Activities

a. No boat owner or operator shall use any boat for the pulling of another person on water skis or similar water equipment in a canal within the municipal limits of the City of Cape Coral.
b. Water or jet skiing shall only be permitted between the hours of 9:00A.M. and dusk on any lake or basin.

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Section 16-10. Seawalls, Boat Landings, Docks, Pier and Mooring Posts.

   Seawalls, boat landings, docks, piers and mooring posts shall be constructed only in accordance with plans and specifications therefor approved in writing by the Building Department of the City of Cape Coral and a proper City permit issued. The owners and occupants of land in the City of Cape Coral shall have an easement in common for the purpose or purposes of navigation in all waterways. . . No vessel, barge or boat shall be anchored off shore in any of the water-ways adjacent to the City of Cape Coral except for emergency repairs or awaiting rescue or when occupied for lawful purposes.

For more information contact:

Bruce Conroy, Cape Coral City Attorney
P.O. Box 150027
Cape Coral, FL 33915-0027
(941) 574-0408