The sounds of silence: Trends in the regulation of personal watercraft

Abstract

In recent years, U.S. courts have upheld arguably objectionable local ordinances that single out particular kinds of vessels such as the personal watercraft. Communities across the country have grown bolder in recent years as congestion on U.S. waters increases and state enabling legislation becomes more specific in terms of the watercraft to be regulated, the zoning tools to be employed, and the objectives to be achieved. Standard police power objectives, which form the basis for boating regulations, are now articulated not only in terms of protecting public health, safety and welfare, but in terms of protecting the environment, encouraging historical uses, and preserving peace and tranquility. The purpose of this paper is to provide an overview of boating regulatory authority and watercraft specific regulations as well as discuss and offer an analysis of recent key court decisions and trends in personal watercraft regulation. Courts have been reluctant to question the judgment of local government and will uphold a regulation provided certain basic elements are present. That these local regulations have been upheld is indicative of a greater judicial responsiveness to ordinances whose primary objective is not simply public welfare and safety, but more specifically the protection of natural resources and environmental integrity. © 2003 Taylor & Francis Group, LLC.