Boat Disposal in Virginia

getting rid of non-functional boats is a nationwide problem
getting rid of non-functional boats is a nationwide problem

The development of low-cost fiberglass boats in the 1960's was followed 50 years later by the challenge of disposing of old boats which did not decompose. The material in a fiberglass boat has little value for reuse; the cost for disposal exceeds the value of a worn-out boat, and the fine for unauthorized disposal is only $500.

The Executive Director of Clean Virginia Waterways summarized the challenge:1

An old car has scrap value of a few hundred dollars. But old fiberglass boats - there's usually nothing salvageable or salable and it costs money to dispose of them correctly.

Not surprisingly, many owners have simply abandoned their boats. Abandoned and Derelict Vessels (ADV's) have accumulated in marshes, along riverbanks, and even in marinas. The vessels create navigation hazards and environmental risks from petroleum products, paint, and plastics. The visibility and size of unusable boats draws attention, though the greatest percentage of marine debris consists of plastic items from land-based sources.2

most marine debris consists of small plastic items that do not biodegrade quicky, but abandoned and derelict vessels attract attention
most marine debris consists of small plastic items that do not biodegrade quicky, but abandoned and derelict vessels attract attention
Source: Virginia Coastal Zone Management Program, 2021-2025 Virginia Marine Debris Reduction Plan (p.6)

Derelict boats are a form of marine trash. Disposing of that waste is easiest when an owner can be identified and contacted. The process is more challenging if no responsible party for disposal can be assigned the responsibility and cost of removal.

The Code of Virginia requires that most motorboats be registered and display a number issued by the Department of Wildlife Resources. By law, owners of motorized boats must notify that department if they abandon the boat:3

"Abandoned watercraft" means a watercraft that is left unattended on private property for more than 10 days without the consent of the property's owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property.

it is less expensive to abandon vessels rather than pay for proper disposal
it is less expensive to abandon vessels rather than pay for proper disposal
Source: National Oceanic and Atmospheric Administration (NOAA), Abandoned and Derelict Vessels in Virginia

State law defines a legal mechanism for property owners to acquire ownership of abandoned boats. That process has value only if the boat has value.

The Department of Wildlife Resources administers the Marine Habitat and Waterways Improvement Fund, which finances removal of abandoned and derelict boats. In addition to state appropriations, the fund receives money from the sale of state-owned marine lands and from donations.

The Virginia Marine Resources Commission also has the power to remove derelict and abandoned boats from public waterways. According to state law:4

Whenever any wharf, pier, piling, bulkhead, structure, or vessel is found in or upon the bays, oceans, rivers, streams or creeks of the Commonwealth in a state of abandonment, in danger of sinking, or in such disrepair as to constitute a hazard or obstruction to the use of such waterway, the Commission may ascertain the owner of the property and require him to repair or remove the property from the waters of the Commonwealth


Source: Clean Virginia Waterways of Longwood University, Abandoned & Derelict Vessels in Virginia: Impacts on Environment, Economy, and Navigational Safely

Relatively inexpensive fiberglass boats became widely available starting in the 1970's. After 50 years of use, many were no longer worth the cost of repairs. The Virginia Department of Environmental Quality (DEQ), with responsibility for the Virginia Coastal Zone Management (CZM) Program, developed the 2021-2025 Virginia Marine Debris Reduction Plan. It identified the need for an up-to-date database to inventory known Abandoned and Derelict Vessels in Virginia waters.5

To cope with increased abandonment, the 2023 General Assembly provided $3 million to a grant program helping localities remove Abandoned and Derelict Vessels. The Virginia Marine Resources Commission (VMRC) administered the program.

Lynnhaven River NOW obtained a separate $3 million grant from the National Oceanic and Atmospheric Administration (NOAA) to remove 100 boats. To interrupt the expected pattern of boat removals being followed by abandonment of new vessels in the same area and perpetuating a boat graveyard, Lynnhaven River NOW and the Virginia Marine Resources Commission began to explore how to create a statewide boat recycling or buy-back program. A leader in Lynnhaven River NOW said in 2023:6

We [don't want to] remove 100 boats and then three years later we're in the same situation again... We want to try to figure out how to prevent this problem.

a site on the North Landing River next to the Chesapeake/Virginia Beach border has become a boat graveyard
a site on the North Landing River next to the Chesapeake/Virginia Beach border has become a boat graveyard
Source: Clean Virginia Waterways of Longwood University, Abandoned & Derelict Vessels in Virginia: Impacts on Environment, Economy, and Navigational Safely

By the end of 2023, the Vessel Disposal Reuse Foundation in Hampton Roads had removed 29 boats and more than 300,000 pounds of debris from waterways.

The non-profit organization, funded by donors, estimated there were still 200 abandoned and derelict vessels in Virginia. Most in the Hampton Roads region, particularly in boat graveyards in London Bridge Creek and the North Landing River. If a boat is not removed before it sinks, disposal costs typically increase 400%.

Cost of legal disposal, averaging about $14,000 per vessel, was the reason for most boats to be abandoned. The one landfill in Hampton Rads that accepted boats charged $150 per linear foot, so the larger the boat the greater the disposal costs. Boat owners were advertising that they would sell a boat for $1, in order to avoid the maintenance and liability costs.

The foundation's executive director recognized that boat owners without much disposable income had no feasible way to dispose of their vessel. Punishing such owners under the law would not remove boats from the water:7

If the maximum penalties of the law are applied to them, which is a $2,500 fine or 12 months in jail, they're still not going to remove the boat because they can't... So it's this like this weird gray area. It's saying "Hey, Grandpa, go raise your boat." He can't do it. Grandpa is on a fixed income. He can't pay someone to do it.

"Alright, we're going to give him a fine.” That doesn't solve anything because the boat still sits there. "Alright, he’s going to jail." The boat still sits there.

Disposing of Dredge Spoils in Virginia

Managing Solid Waste in Hampton Roads

Whale Disposal

Links

all states with navigable waterways have to deal with abandoned boats that leak oil and gasoline, clog channels, and shed plastics into the water
all states with navigable waterways have to deal with abandoned boats that leak oil and gasoline, clog channels, and shed plastics into the water
Source: National Oceanic and Atmospheric Administration (NOAA), Abandoned and Derelict Vessels in Michigan

References

1. "Abandoned boats are a growing problem in Virginia waters," Bay Journal, June 15, 2022, https://www.bayjournal.com/news/pollution/abandoned-boats-are-a-growing-problem-in-virginia-waters/article_363c5c68-e8e2-11ec-8340-93aa5ee0293b.html (last checked March 4, 2023)
2. "Abandoned boats are a growing problem in Virginia waters," Bay Journal, June 15, 2022, https://www.bayjournal.com/news/pollution/abandoned-boats-are-a-growing-problem-in-virginia-waters/article_363c5c68-e8e2-11ec-8340-93aa5ee0293b.html (last checked March 4, 2023)
3. "Section 29.1-733.2. Definitions," Title 29.1. Wildlife, Inland Fisheries and Boating - Chapter 7. Boating Laws - Article 2.1. Virginia Uniform Certificate of Title for Watercraft Act, Code of Virginia, https://law.lis.virginia.gov/vacode/title29.1/chapter7/section29.1-733.2/ (last checked September 12, 2022)
4. "Section 28.2-1210. Removal of obstructions or hazardous property from state waters; penalty," Title 28.2. Fisheries and Habitat of the Tidal Waters - Subtitle III. Habitat - Chapter 12. Submerged Lands - Article 2. Enforcement and Penalties, Code of Virginia, https://law.lis.virginia.gov/vacode/title28.2/chapter12/section28.2-1210/; "Abandoned and Derelict Vessels in Virginia," National Oceanic and Atmospheric Administration (NOAA), https://marinedebris.noaa.gov/abandoned-and-derelict-vessels-info-hub/virginia (last checked March 4, 2023)
5. "2021-2025 Virginia Marine Debris Reduction Plan," Virgnia Department of Environmental Quality (DEQ), 2021, p.35, (last checked November 14, 2023)
6. "Virginia is starting to take on hundreds of boats abandoned in local waterways," WHRO, November 13, 2023, https://whro.org/news/42705-virginia-is-starting-to-take-on-hundreds-of-boats-abandoned-in-local-waterways (last checked November 14, 2023)
7. "More than 300,000 pounds of hazardous debris have been removed from Hampton Roads waterways thanks to this nonprofit," The Virginian-Pilot, December 4, 2023, https://www.pilotonline.com/2023/12/04/more-than-300000-pounds-of-hazardous-debris-have-been-removed-from-hampton-roads-waterways-thanks-to-this-nonprofit/ (last checked December 5, 2023)


Waste Management in Virginia
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