Beaufort County hears competing views on proposed waterways ordinance for public boat landings

Beaufort County Council on Wednesday heard hours of testimony from charter operators, marina representatives and residents about proposed amendments to the county waterways ordinance that would govern commercial use of public boat landings.

Jim Pohorski of Beaufort Kayak Tours told the council the proposed prohibition on commercial activity at public boat landings would “put my business out of business.” Pohorski said his 24‑year operation relies on county landings and cited the county’s 2023 boat landing study, which he said showed less than 3% of respondents voiced concern about commercial activity.

Heather Rath, representing the Lowcountry Waterways Alliance, proposed an alternative approach tied to the county business license process: require operators who use public landings for commercial activity to obtain proper licensing, disclose criminal history, carry commercial marine liability insurance and pay a reasonable user fee. Rath said fees collected could be reinvested in safety and infrastructure at landings — extinguishers, life rings, bathrooms and spill response kits — which many speakers said are currently lacking.

Speakers from Daufuskie Island, including Mike Hubbard and Jeff Gale of Daufuskie Island Transport, emphasized that tide‑independent barge and freight services using Cross Island Boat Ramp are critical to island residents’ access to goods and services. Gale said his company holds a Coast Guard‑inspected barge, carries pollution and cargo insurance, and averages about eight minutes per loading at Cross Island.

Marina operators urged consistent enforcement. Rob Bender, director of Harbour Town Yacht Basin, applauded council’s pause on the ordinance and asked that any rules be applied uniformly so marinas that have invested in docks, restrooms and other infrastructure are not disadvantaged by operators who use landings without the same requirements. Several marina speakers said marinas face zoning or capacity constraints that limit their ability to absorb displaced operators.

Charter captains and guides said most commercial operators are credentialed, insured and cooperative on the ramps. "We cooperate, stay organized, and do our part to keep things moving efficiently for everyone who uses the boat ramp," said Corey Cunningham, a licensed U.S. Coast Guard captain. Cunningham warned that overly restrictive local rules could raise constitutional issues and impair the right to pursue a lawful occupation.

Some residents and speakers urged stricter rules and enforcement. Terry Orr of Indigo Run asked the council to require entities using ramps for non‑recreational purposes to register as businesses, obtain appropriate town and county business licenses, and carry commercial marine liability and pollution insurance. Other residents suggested fee kiosks or annual user fees to fund improvements.

Council and staff discussion clarified that the Feb. 17 draft presented to the committee includes exemptions for charter fishermen and captains and proposes a passenger limit tied either to an operator’s license or a maximum of 12 passengers for congestion control. Staff confirmed the intent to allow barges serving barrier islands (including Daufuskie) under the draft language. Several council members stressed the need for clearer enforcement tools — including code enforcement alignment with the magistrate court — so penalties can be practically issued.

After public comment and discussion, staff announced a plan to bring the ordinance as currently drafted back to the Public Facilities Committee in May for additional review and possible amendments. The council adjourned the workshop with no formal vote on the ordinance.

The Public Facilities Committee is expected to consider the ordinance in May; council directed staff to incorporate clarifications on exemptions, passenger limits and enforcement prior to that meeting.