Canvas tent on platform at Rosario Marina. County photo

Rosario Resort, LLC appealed to the San Juan County Hearing Examiner (HEX) the Notice of Violation it received from the county’s Department of Community Development on July 23, 2025.

In a decision filed May 19, 2026 Hearing Examiner Gary N. McLean ruled: The County proved, by a preponderance of credible evidence, that Rosario Harbor, LLC and/or related responsible parties allowed or facilitated an unauthorized commercial lodging use in Rosario Harbor, consisting of large tent/canvas enclosures installed on an over-water float or dock platform and advertised for short-term overnight rental.

The Appellants argued that the tents were on pontoon vessels not on a floating dock and were allowed the same as liveaboards are.

The appellant’s primary argument is that the float/platform should be treated as a vessel because it allegedly has a Washington registration number, certificate of origin, outboard engine, gas tank, battery, and the ability to move on water.

The HEX decision stated: That argument does not resolve the enforcement issue. The County is not enforcing against a lawful vessel merely because it is moored in Rosario Harbor. The County is enforcing against an unapproved commercial lodging use involving tents/canvas enclosures installed on an over-water float/platform and advertised for overnight occupancy.

He noted the  title was issued after the NOV; the manufacturer’s certificate of origin lacked key ordinary vessel information; the alleged ACI Boats origin was inconsistent with the  concrete-and-wood platform visible in the record; historical imagery showed the platform existed before the claimed recent vessel documentation; and the platform appeared to have been retrofitted with a frame to support tents.

… The appellant also weakens its own vessel argument by acknowledging that the canvas enclosure could be removed and reinstalled. County closing states that testimony established that dismantling the tents took approximately 12 hours and that the arrangement could not exit the marina without removing the tents. Those facts support the County’s conclusion that the tents were not ordinary incidental boat canvas, but an integral lodging setup that interfered with ordinary navigability

…The question is not whether Rosario Harbor may provide transient moorage to boats. The question is whether the appellant may install or allow large tent/canvas lodging units on a dock float/platform, advertise them on Airbnb, and use them as commercial short-term accommodations without MPR, PUD, shoreline, or building approvals.

…To the extent they have not already done so, and because code compliance remains an ongoing obligation, the responsible parties shall immediately cease all advertising, booking, rental, occupancy, or commercial use of tents, canvas enclosures, temporary
accommodations, or similar lodging facilities on over-water floats, platforms, docks, pontoons, or vessels within Rosario Harbor unless and until all required County approvals are obtained. The responsible parties shall remove and keep removed all tents, canvas enclosures, frames, furnishings, utilities, signage, and associated materials installed or maintained for over-water commercial lodging.

…The responsible parties shall not resume the cited use by re-labeling the platform, relocating it within the marina, transferring nominal operation to another entity, changing advertising platforms, or otherwise attempting to continue the same use without required approvals. Before initiating any future over-water lodging, floating accommodation, marina-based resort lodging, expanded structural use, or similar commercial accommodation use, the responsible parties must obtain all required County approvals, which may include, as applicable, a Rosario Master Plan amendment, Planned Unit Development approval, shoreline permit or exemption.

The decision can be appealed to San Juan County Superior Court. The  deadline is 21 days after the decision.

This wasn’t the first time San Juan County DCD dealt with these tents. Rosario Resort (LLC) received a NOV  May 7, 2025 regarding tents it had installed on  resort grounds. Trenches were dug to allow electrical lines. The area was an archaeologically significant area. The tents were removed from the grounds after the NOV and apparently moved to the floating docks.

Rosario Resort LLC was ordered to take the following corrective action.