riparian rights for waterfront homes

I am a waterfront homeowner on a navigable waterway. The question I would like to see a discussion on is as follows:

Our POA has as one of its rules that boat lifts are not allowed in our community (with one minor exception where the homeowner land on the navigable area is exposed to open water and at times serious wave action). This rule has existed for 20+ years.

Approximately 80% of waterfront homes in the community are on a dredged lake and a series of lagoons. There is no question that the land under the water in the "inner harbor" is owned by the community and falls under any POA rules.

The other 20% of waterfront homes are on navigable creeks controlled by a number of POA rules and CAMA which is our state agency controlling docks, moorings, boat lifts etc. So, for example when I built my dock I had to get CAMA approval and POA approval based on the long existing POA rules for docks etc.

My question is does the POA really have jurisdiction over the raparian rights of a waterfront homeowner on a navigable waterway?

What prompts this question and discussion is I applied for POA permit for a boat lift and was not approved based on the existing "no boat lift rule".

1st question - don't know whether its in ccrs or bylaws ...will find out

reason for implementation: I get the feeling is 1st appearance, 2nd navigation esp. the lagoons.

Boat lifts take up a lot of room...I'm on a navigable creek some 300 feet wide where powerboats, jet skis sailboats etc. traverse.

I agree that the lagoons/canals are subject to the current rules because they are man made by the developer and therefore exist over community/poa land and therefore have no riparian rights.

My question is are the homeowner riparian rights on a state navigable waterway subject to POA jurisdiction, or do Riparian rights prevail?

Thanks for your interest.
Rgs.,
Al Sousa

That's are very succinct and most probably correct answer, the vagaries of local and "maritime" laws excepted.

All waterways in the USA are governed and controlled by the US Corp of Engineers. If you want a pier, you have to apply to them to get one. After you have done that, you have to go by what is in the CC&R's. Sometimes the County or city will have restrictions if the CC&R's don't say anything about say a boat house.

The Environmental Protection Agency, along with the Army Corps of Engineers, says it has the authority to control all waterways within the United States — and will exercise that authority.

http://www.washingtontimes.com/news/2015/may/27/obama-admin-asserts-dominion-over-creeks-streams-w/