Safety Compliance Made Simple: Understanding Regulatory Requirements for Waterways

Waterway regulatory compliance isn’t just a nice-to-do best practice. It’s literally the law of the land…or rather, the water. Whether you volunteer for a lake association, operate a marina, or work for a hydro plant, regulations dictate your decisions on marking, maintaining, and keeping channels and waterways safe for all.

Of course, the challenge comes in navigating compliance—a job akin to steering a boat through pea soup-level fog. There are layers of federal regulations, state regulations, and rules tacked on by local municipalities and lake associations.

At Walsh Marine, we’re here to help make your navigation less complicated, whether it’s through the waterways or government paperwork.

The Regulatory Landscape: What Operators Need to Know

Waterway regulatory compliance breaks down into three levels: federal, state, and local (like your municipality and lake association). Enforcement can vary widely across the board, from strict to sporadic.

But we’re here to help you avoid common mistakes and understand the rules so you can simplify the compliance process and keep your projects and waterways safe. Let’s break it down layer by layer, where they meet, overlap, and interact.

Federal Regulations

On the national level, two bodies set the standard for waterway safety and navigation: the U.S. Coast Guard (USCG) and the Army Corps of Engineers (ACOE). The rules from these two entities run the gamut from buoy colors and shapes to spacing, reflectivity, and placement.

You can think of these as the “big picture” guidelines, designed to keep all waterways in the United States safe and consistent. When it comes to large-scale projects like hydro plants, bridges, and coastal waterways, Federal regulations form the base. Anyone who interacts with them—contractors, project managers, and even government agencies—needs to align with the standards to move a project full steam ahead.

State Regulations

Each of the fifty-nifty United States has its own set of rules, too. Each state has a Department of Natural Resources (DNR) or an equivalent agency. The departments follow the federal baseline and then layer on requirements to meet specific local conditions.

Coastal and ocean states like Florida, California, and New York have ocean coastlines to manage in addition to rivers, bays, and lakes. Compliance for these states is often closely tied to federal regulatory standards.

The Great Lakes states, like Illinois, Michigan, Minnesota, New York, Ohio, and Wisconsin, have these massive waterways to manage. Because four of the five Great Lakes share borders with Canada (Lake Michigan is entirely in the U.S.), they’re managed by both state rules and binational regulations (through the U.S. Coast Guard).

All states, even those without oceans or Great Lakes like Kansas, Nebraska, and Nevada, still have waterways in the form of rivers, lakes, channels, and reservoirs. Many of them are dam-controlled and Army Corps-managed reservoirs that play a vital role in hydro irrigation, recreation, and flood control.

But that’s not the sum total of the waterways in the USA. We can’t overlook the Major river systems like the Colorado, Columbia, Mississippi, Missouri, and Ohio. Many of these (despite their names) run through multiple states.

Even the landlocked states tie into the navigable waterways for recreation and industry. States without major rivers, lakes, or coastlines have state-managed lakes, reservoirs, and ponds. No matter where you go, every state has some form of waterway that requires compliance and regulations, but they differ by location and the needs of the specific area.

A state with heavy recreational boating may require more frequent safety markers, whereas a state with sensitive or endangered fisheries may add restrictions and protected areas. The state’s DNR manages these guidelines, and this is where it can get a little tricky, because the state rules can differ dramatically.

Local and Association Rules

To add another layer to this system, local municipalities and lake associations may also have their own compliance guidelines and expectations. These rules may cover issues like designated swim or no-wake zones, as well as seasonal buoy placement to accommodate local precipitation and other factors.

What does all this mean? It means that a lake association president might need to coordinate with state regulators while ALSO meeting their community guidelines. Or a marina owner may need to juggle Coast Guard standards, simultaneously making sure they’re also meeting local ordinances.

The Risks of Non-Compliance with Waterway Regulation

Of course, we all like to believe that our organization will adhere to every rule and regulation available, but compliance occasionally slips through the cracks. How risky is non-compliance? It could be a bigger issue than many realize.

Risks of non-compliance include:

• Dangers and safety hazards: Water is all about safety, and something as seemingly minor as a misplaced buoy can lead to boating accidents, property damage, or worse. Safety is first on the water and the most crucial rationale for compliance.
• Legal penalties: What if you fail? You could also be looking at fines, citations, project delays, and shutdowns. There are significant consequences to letting regulatory compliance falter.
• Financial consequences: In addition to legal fees, compliance issues can be costly to all, especially when they crop up mid-project. Delays and reconfigurations can quickly drive up an already costly project by big numbers.
• Reputational damage: Although it may seem less dire in the grand scheme of things, for lake associations, resorts, and marinas, a blow to your reputation is a blow to your business and bottom line. Non-compliance and all the ramifications can erode trust in your ability to keep the water safe.

Imagine a resort that fails to properly and clearly mark a swimming area. A single accident can risk lives and put your entire operation under scrutiny. Compliance is about prevention upstream, to protect everything that may or may not happen downstream.

Common Waterway Regulation Compliance Mistakes

People who work in the marine industry revere and respect waterways. But even with the best intentions, operations often face similar pitfalls with compliance. These pitfalls run across sectors—from construction firms to government agencies to lake associations.

Here are the most common pitfalls:

• Assuming one-size-fits-all rules: We all know the saying about what happens when you assume…Federal guidelines are significant, but they won’t cover every detail of your particular waterway, and that’s where the state and local differences really matter, especially in states that share waterways. For example, a buoy setup that passes in Wisconsin might not meet Michigan requirements.
• Inattention to details: The devil is in the details, and overlooking little-but-exacting issues like reflective tape, spacing, and labeling requirements can be an easy-to-miss mistake.
• Procrastinating updates: Regulations evolve, and enforcement can change and tighten. Keep up on state and federal updates. If you’re still following last year’s playbook, you might already be out of line.
• Skimping (or skipping) on documentation: Very few people love paperwork, but documentation is everything when it comes to regulatory compliance. Even if you’ve taken the necessary action, failing to document inspections and installations can leave you vulnerable, especially if questions arise down the line. Write. It. Down.
• Relying on the wrong source: Even well-meaning volunteers, contractors, and suppliers can make mistakes or give advice that misses the mark. When these mistakes include a misinterpretation of the regulations, they get passed along like a message on a bad radio frequency. Follow the adage, “trust but verify.” Make sure you always check the latest regulatory guidelines for yourself.

For lake associations, compliance mistakes are often born from a lack of time and resources. Contractors often make missteps due to the complexity of juggling multiple authorities. For marinas, the snag is in the follow-through. Lots of quotes get requested, but without moving to purchase and installation, compliance never actually hits the water.

Pro Tips for Staying Compliant with Waterway Regulations

At Walsh Marine, we believe compliance doesn’t have to be complicated or stressful. With the right knowledge and the right partners, compliance becomes another tool to keep people safe, projects on target, and waterways clear. When you understand the rules and resources, you can simplify the process to focus on the more enjoyable aspects of your work.

Several best practices can make waterway regulatory compliance easier for all our customers, from lake associations and boards to hydro contractors.

1. Begin early: Like the early bird catches the worm or the early fisherman catches the big one. Don’t wait until your next boating season begins. Compliance requirements should be under constant review. In fact, we recommend starting your review at the end of boating season to give yourself plenty of time to order, install, and inspect for next year.
2. Check all levels: Don’t make the mistake of assuming federal rules are enough. Many of the federal, state, and local rules overlap and even contradict. Confirm the requirements at each level to ensure you’re moving ahead with confidence. It can save you extra headaches in the future.
3. Keep detailed records: As we said before, write down everything. Document your inspections. Keep all the details of installations. Preserve your communication records with regulatory agencies. A logbook can be your best resource for preventing stress in waterway management.
4. Stay current: Regulations are ever-changing. Subscribe to updates from your state DNR, the Coast Guard, and any other resources you find helpful from your local municipality. Compliance reviews should be a regular part of your season start and again with your wrap-up.
5. Use trusted resources: Tools like the USCG’s Navigation Rules, state boating resources, and groups like the National Association of State Boating Law Administrators can provide clear direction. At Walsh Marine, we’re always here to assist and help you navigate what those marine rules mean for your specific project.

When it comes to waterway regulatory compliance, you don’t have to go it alone. Our team has worked with everyone from park rangers to marina owners, and we know how to navigate the compliance maze.

T3 Manufacturing is our trusted partner that ensures the durability, reliability and safety compliance of every Walsh Marine Buoy through their expertise in rotational molding, foaming, labeling and assembly processes. Our buoys are designed and engineered to meet or exceed USCG and state standards. T3 Manufacturing’s processes ensure that our buoys hold up against weather, impact, and long-term use to keep you compliant well beyond installation day.

We offer customization and tailored solutions, ranging from reflective marking to foam-filled strength, to help you match specific state and project requirements.

Most importantly, at Walsh Marine, we don’t believe in just selling. We believe in an education-first approach, so our customers walk away with the right products and the knowledge to stay compliant going forward.

With the combination of Walsh Marine as the compliance expert and T3 as the manufacturing powerhouse, we’re setting the standard in marine solutions. Other companies sell buoys, but we sell buoys and the confidence that they’re ready for long-term performance.

Whether you’re the president of a lake association, a hydro plant contractor, or a marina owner, we’re here to help you simplify your work and make compliance easy. Contact us today to talk through your next project, and we’ll help you find the ideal solution to keep you on course.