November 24, 2009

FOR IMMEDIATE RELEASE   

Contact: Tina Haisman, ASBPA Media Relations, 239-292-2882 or media@asbpa.org
Paden Woodruff, Florida DEP, 850-922-7703 or paden.woodruff@dep.state.fl.us
Lesley Ewing, California Coastal Commission, 415-904-5291 or lewing@coastal.ca.gov
Spencer Rogers, North Carolina Sea Grant, 910-962-2491 or rogerssp@uncw.edu

Coastal boundary policies vary by state

There is a growing demand to precisely locate coastal boundaries, but when attempts are made to formalize them temperatures rise and technical issues often erupt. Plus, there's no one way to make the determination - each state has its own system. Learn about some of the different ways states determine public vs. private property on the beach.

FORT MYERS, FL - The edge of any body of water seems like an easy place to define a boundary, but in reality coastal boundaries are one of the most frequently disputed of all demarcations.

Over the years, there has been a growing demand to precisely locate and legalize coastal boundaries, but when attempts are actually made to identify these boundaries formally, technical and legal situations often result.

The challenge is that the shoreline is constantly changing due to tides and weather. The size of the beach can be different on any given day. In addition, the shoreline in many areas is subject to erosion and accretion; as a result, unique laws and techniques have developed for defining and locating water boundaries. Here are examples from a few different states.

Florida
In Florida, the Mean High Waterline (MHW) is used to define the line between private upland property and sovereign submerged land below that line. The MHW is the average height of the daily high waters over a 19-year period.

Before constructing a beach restoration project in Florida, the project's sponsor (typically a local government) is required to establish an Erosion Control Line (ECL) along the project area. The ECL is primarily based upon the MHW, and is set based upon a survey conducted in accordance with State Statute.

The ECL is ultimately approved by the Governor and Cabinet; once approved, the ECL demarks the division between private property located landward of the line and the public or sovereign land located seaward of the line.

California
In California, the MHW (also called the Mean High Tide Line) is used to determine property ownership for most areas and to delineate the inland extent of public lands. The MHW elevation is the average height of the daily lower high and higher-high waters over a 19-year period. The MHW is the intersection of this elevation on the local beach, and has been determined by California courts to be an ambulatory line that can change with changing conditions of the beach. This ability to move makes the California MHW a more difficult line to clearly delineate and enforce when the public's right to use a beach bounded by private property is challenged.

Virginia
Virginia is a Mean Low Water (MLW) state, where public jurisdiction begins at the MLW line as determined in a fashion similar to that described above for MHW. However, the area from MLW to a point 1.5 times the average tidal range above MLW is overseen by local wetlands boards, and is considered vegetated and/or non-vegetated wetlands subject to additional regulatory protection due to the unique and fragile nature of that ecosystem. 

To further complicate jurisdictional issues, dunes and beaches are protected and administered by local wetlands boards or a state marine resources commission, as mandated by state law. This mix allows for regulation based on potential impact to both land and marine resources, a somewhat unique combination in the coastal boundary discussion.

North Carolina
In North Carolina, in the absence of a publicly funded beach nourishment project, the boundary between public and private property is also the MHW. Although the line can be determined by tidal survey, its position on the ocean beach typically varies 75 to 100 feet annually due to changes in wave and surge conditions, and is subject to wider movements over longer time-periods.

On the ocean beach above the MHW, as a matter of both state common law and statutory law, the public has a right to use the dry sand beach up to the toe of the frontal dune. Where a dry sand beach has been created by a publicly funded beach nourishment project, the created beach is state-owned public trust lands and open to public use.

For more information about coastal boundaries, visit www.asbpa.org.

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