Buoy Law: Federal Permits, Penalties, and Owner Duties

Placing a buoy in U.S. waters almost always requires a permit, and often more than one. Under buoy permit laws, a private buoy in federally regulated navigable waters needs a Coast Guard Private Aid to Navigation (PATON) permit, a mooring buoy also needs Army Corps of Engineers authorization under Section 10 of the Rivers and Harbors Act, and a buoy on state-jurisdiction waters needs a state waterway marker permit on top of any federal approvals.¹ Going without exposes you to criminal fines of up to $25,000 for each day the buoy stays in the water, up to a year in jail, and Coast Guard removal at your expense.²

Which Permits Your Buoy Needs

The permits you need depend on the water and the type of buoy. Most private buoys will trigger at least one federal authorization, and many will trigger two or three.

Coast Guard Private Aid to Navigation Permit

Any privately owned buoy, light, or beacon placed in federally regulated navigable waters requires a PATON permit from the Coast Guard. No private aid may be established without a completed application on file.³ This applies to individuals, businesses, marinas, and local governments. The armed forces are the only category with a blanket exemption.

Army Corps Permit for Mooring Buoys

A mooring buoy triggers a second federal requirement under Section 10 of the Rivers and Harbors Act. The Army Corps of Engineers handles this through Nationwide Permit 10, which specifically covers mooring buoys.⁴ You need both the Corps authorization and the Coast Guard PATON before the buoy goes in the water. Even if the buoy sits directly off your own waterfront, skipping either one puts you in violation of federal law. The Coast Guard will not approve a PATON for a mooring buoy without evidence that the Corps (or the applicable state agency) has authorized the placement.⁵

State Waterway Marker Permits

Federal rules do not reach every body of water. Many inland lakes, rivers, and non-federally navigable waterways fall under state jurisdiction. States run their own permitting programs for regulatory markers, no-wake buoys, hazard signs, and similar aids. The agency in charge differs by state (a fish and wildlife commission, a department of natural resources, or a marine patrol division), but the process is broadly consistent: apply with the state agency, provide GPS coordinates and a site map, explain the marker’s purpose, and wait for approval.

Since 2003, most state marking has moved onto the U.S. Aids to Navigation System rather than the older Uniform State Waterway Marking System.⁶ Colors and shapes on state waters now largely match federal waters, so the practical difference for you is the paperwork, not the marker.

When the Permits Overlap

The most common mistake is assuming one permit is enough. A single buoy can require authorization from three separate agencies at once. The Corps evaluates obstruction of navigable capacity, the Coast Guard evaluates whether the aid conforms to the national marking system, and the state confirms the marker serves a legitimate safety or regulatory purpose. Getting one does not satisfy the others. Starting with the state agency is often the most practical first step, since it can usually tell you whether federal requirements are also in play.

How to Apply for a Coast Guard PATON

You apply by submitting Coast Guard Form CG-2554 to the Commander of the Coast Guard District where the aid will be located.³ The form is available through the Coast Guard’s forms portal or from your district office. Applications can go by mail, email, or fax.⁵

The application requires:

The precise position of the aid, given as GPS coordinates or as horizontal angles and bearings from charted landmarks, plus a chart section or sketch showing the location.³
The name and address of both the person paying for the aid and the person who will maintain it.
The purpose of the aid and the hazard or condition it addresses.
Operating dates, if the aid is seasonal.
Technical specifications. For lights: color, characteristic, range, intensity, height above water, and manufacturer data. For buoys: shape, color, number or letter, and water depth at the location.

If the aid marks a structure or is a mooring buoy, you must also include evidence of Army Corps or state agency authorization before the Coast Guard will approve the permit.⁵ An approved PATON is automatically canceled if you do not install the aid within one year of the approval date, so plan the paperwork and the installation together.

Penalties for Placing an Unauthorized Buoy

An unpermitted buoy can violate more than one federal statute at the same time. Under 33 U.S.C. § 403, creating an obstruction to the navigable capacity of U.S. waters without authorization from the Secretary of the Army is illegal.⁷ The statute’s language is broad enough to reach an unpermitted homemade channel marker as easily as an unpermitted dock.

Anyone who violates the obstruction provisions is guilty of a misdemeanor and faces a fine of up to $25,000 per day, imprisonment from 30 days to one year, or both.² The per-day structure matters: every day the unauthorized buoy stays in the water counts as a separate offense. Anyone who knowingly helps, authorizes, or encourages the violation faces the same penalties.

Establishing a private aid to navigation without Coast Guard permission carries its own penalty under 14 U.S.C. § 542.³ One unauthorized buoy can therefore expose you to charges under multiple federal statutes at once.

The Coast Guard District Commander can also mark or remove any obstruction the owner has not suitably marked, and the costs are charged to the owner until the obstruction is gone or legal abandonment is established. If you drop an unauthorized buoy and ignore warnings, you will pay for the Coast Guard’s time and equipment to pull it out on top of any fines. State penalties for unauthorized markers vary, but most states treat placement as a misdemeanor with fines that can reach several hundred dollars per violation, and some assess daily penalties for each day the marker remains after notice.

Tampering With Buoys That Are Already There

Buoy permit laws also protect existing aids. Moving, damaging, anchoring to, or interfering with any aid to navigation maintained by the Coast Guard or authorized under a PATON permit is a separate federal crime. Under 14 U.S.C. § 543, violators face a misdemeanor charge and a fine of up to $1,500, with each day the violation continues treated as a new offense.⁸ Tying your boat to a buoy for convenience falls within this prohibition, as does anchoring in a way that obstructs range lights.

The statute protects both government-maintained aids and privately maintained ones operating under a valid permit. Deliberately damaging a channel marker can also expose you to civil liability if another vessel runs aground because the marker was missing or repositioned.

Your Duties After the Permit Is Approved

Approval is the start of an ongoing obligation. Once your private aid is in the water, you must keep it in the exact condition described in your approved application, and the Coast Guard can inspect any private aid at any time without advance notice.⁵

If anything goes wrong (a light goes out, the buoy drifts off position, the color fades past recognition) you must report the discrepancy to your District Commander immediately by phone, mail, email, or fax.⁵ Prompt reporting lets the Coast Guard issue a Notice to Mariners so other boaters know the aid is unreliable. You must also report back once you have corrected the problem. For aids that are not yours, the Coast Guard maintains an online ATON Discrepancy Form so anyone can report a buoy that appears off-station, damaged, or dark.⁹

The permit holder also agrees to hold the Coast Guard harmless against any claims arising from negligent maintenance or operation of the aid.⁵ If your buoy misleads a boater and they hit a rock, the liability sits with you.

1
U.S. Coast Guard. PATON
2
Office of the Law Revision Counsel. 33 USC 411 – Penalty for Wrongful Deposit of Refuse, Use of or Injury to Harbor Improvements, and Obstruction of Navigable Waters Generally
3
eCFR. 33 CFR Part 66 Subpart 66.01 – Aids to Navigation Other Than Federal or State
4
U.S. Army Corps of Engineers. Nationwide Permit 10 – Mooring Buoys
5
U.S. Coast Guard. Private Aids to Navigation Application
6
GovInfo. 33 CFR Subpart 66.10 – Uniform State Waterway Marking System
7
Office of the Law Revision Counsel. 33 USC 403 – Obstruction of Navigable Waters Generally
8
Office of the Law Revision Counsel. 14 USC 543 – Interference With Aids to Navigation; Penalty
9
United States Coast Guard. ATON FAQs