Italy’s Finance Act Eliminates Mooring Fees for Tourism Concessions

The news is the kind that could disrupt the plans, not to say the sleep, of many mayors. Hidden within the recent Finance Act is, in fact, a major gift for boat owners, but also a significant disappointment for coastal municipalities. Article 11 states that “from January 1, 2000, the annual fee for permits for mooring structures…” intended for tourism and recreational purposes for areas, demanial maritime appurtenances, and water bodies is no longer payable.

Setting aside the cold bureaucratic language, let’s try to explain what this entails. Mooring structures include all works that do not involve complex removable facilities and are destined for mooring, hoisting, launching, and storing small boats.

Therefore, these include mooring buoys, small pedestrian bridges, and slips (obviously mobile). So far, we are looking at quite a Christmas gift package. Because the beneficiaries will be sailing clubs and boat owners.

However, the mayors of coastal towns will surely frown, as paradoxically, they are about to take over management of the water domain, i.e., beaches and coastlines with related infrastructures. But without the possibility of collecting any revenue or demanio fees, given their abolition as decreed by the Finance Act.

Possible interpretations and limitations of the law

There is a loophole, however: the introduced regulation might refer solely to tourist-recreational concessions scattered along the maritime coastline, and not those on lakes and rivers. But in that case, the same law could be extended to internal waters, because otherwise, there would be a clear violation of citizens’ equal rights, as established by Article 3 of the Italian Constitution.

It would be hard to understand why a boat owner should pay 300,000 lire for an extraportual buoy in Manerba, while in Rimini, they wouldn’t have to pay even a lira. Exemptions from the fee do not apply to operators engaged in rental and professional activities, while sailing clubs and other associations could claim this right, being entities dedicated to sports and recreational promotion.

Practical repercussions and potential protests

As can be seen, it is a complicated situation that could spark protests from many mayors. Recall that in recent weeks, agreements have been signed whereby ports and boat moorings will come under municipal jurisdiction.

Soon, the same will apply to beaches and their nautical-related appurtenances: buoys, floating docks, walkways, lakeside terraces, slips, and others. A series of responsibilities, but also revenues, which are highly valued by local administrations, otherwise forced to work as diligent clerks processing procedures that, until now, were managed by the State and Regions.

It almost seems like a slap in the face from the legislator. Particularly because the gift of ceasing payments for the demanio fee arrives, coincidentally, when the reform process driven by the Bassanini decrees is fully underway, theoretically providing benefits to local authorities.

Another point worth noting is that, as mentioned, the Finance Law’s regulation might apply only to maritime concessions and thus not affect interests on our lakes. But all this is subject to interpretation.

Because, as has happened in the past, regulations approved at sea have often been extended to internal waters. Facing any legal challenge, a judicial panel would find it difficult to oppose this extension convincingly.