Is it okay to collect a fee from someone who borrows my moorage?

This is a common question and one we have studied closely. The regulations surrounding private moorage use in Washington were established before the rise of innovative platforms like OnBuoy. This means there isn't a specific provision that directly addresses our unique community sharing model. However, at OnBuoy, we prioritize upholding the spirit of the regulations that do exist. Our service is designed to be a model for responsible moorage sharing, ensuring it benefits the environment, boaters, and moorage owners alike.

Moorages sanctioned by the WA State Dept of Natural Resources typically have a lease associated with them. Since different leases can have different terms and conditions depending on when they were established, it's best to refer to your specific lease document to confirm what is and isn't allowed in your specific case. OnBuoy is not able to provide legal advice, so we encourage you to seek legal counsel to get a clear understanding of your lease terms specifically.

After a careful review of the Washington State regulations regarding private docks and buoys, we think there is some room for interpretation regarding the collection of fees.

We believe that, if managed correctly, a service that enables moorage owners to share their moorage with others can be a huge benefit to the environment while also benefiting the boating community and moorage owners at the same time. We are committed to building this service the right way, taking into account the considerations of all interested parties.

From our reading of the Washington State regulations, it is clear that the state does not want residential owners to leverage their docks to become "mini marinas" or "landlords" to long-term residential or commercial tenants. OnBuoy shares this desire and has no intention of enabling excessive commercialization of state-owned aquatic lands.

There is also guidance in the statutes around public use and access of state-owned aquatic lands that allows for user fees to be charged in certain circumstances as long as those fees go towards the maintenance and direct operating costs of the public lands themselves. Read together, the statues allow for the responsible maintenance and care for our public lands. This is one of the goals of the OnBuoy service.

OnBuoy requires that all moorages listed on our site provide proof of a recent inspection to ensure that they are in good working order. Any fees collected by moorage owners are intended to directly offset the high cost of maintaining their moorages. Keeping existing mooring equipment in good working order not only protects boaters who use that equipment, it also reduces the chance of equipment breaking free and causing environmental damage to wildlife and our public lands.

As a Social Purpose Corporation, OnBuoy goes a step further by donating a portion of our proceeds to marine conservation charities that operate in the waters where each moorage is located. Moorage owners also have the option to donate their share of the fees collected to a local marine charity if they like. So, through our operations, OnBuoy helps maintain and preserve the marine environment itself and also helps ensure that the equipment being used in our public lands is well-maintained and not posing an additional threat to the marine habitat.

We believe that OnBuoy is operating as a public good and solidly within the spirit of the regulations governing our public lands. Prior to launching OnBuoy, we engaged in discussions with various elected officials, state departments, and boating advocacy groups about this concept. And while government bodies are understandably reluctant to take official positions on new ideas like this, we were encouraged that our concept and our intent for what we want to accomplish with OnBuoy was well received. We do think there is a benefit to clarifying the regulations and we continue to work with our state legislators, boating advocacy groups, and the various stakeholders to see how we might add language to the statues to clarify any ambiguity.