Fly Creek property owners are just that, they own the land above and below the water. They have the same property rights as anyone, and so laws are already in place to prohibit unauthorized uses of there property. The water is public use similar to a public use roadway, that being said, just because you have a public road up to your property does not mean that your property is public use.
The proposed ordinance is just an attempt to consolidate safe boating practice and property rights in order to educate the public.
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