Legal Definitions - tideland

Tideland refers to the specific strip of coastal land that is regularly submerged by the ocean's high tide and then exposed again when the tide recedes to its low mark. It is the area of the shore that lies between the average high-water line and the average low-water line, experiencing daily cycles of being covered and uncovered by the sea.

Here are some examples to illustrate the concept of tideland:

• Imagine a developer planning to build a new resort along a scenic coastline. They want to construct private beach access and perhaps a small pier. Before construction can begin, surveyors must identify the exact boundaries of the tideland. This is crucial because the land above the average high-water mark might be privately owned, while the tideland itself is typically considered public property, often managed by the state. Any structures extending into this area would require special permits and adherence to public access laws.

  This example illustrates how identifying tideland is essential for determining property rights and regulatory requirements for coastal development, as the legal status of the land changes with the tide.

• Consider a state environmental agency tasked with protecting critical habitats for migratory shorebirds and shellfish. They designate certain areas as protected zones. These zones often include extensive stretches of tideland because these periodically exposed and submerged areas are rich in nutrients and provide vital feeding grounds for birds, as well as ideal conditions for clams, oysters, and other marine invertebrates to thrive. Protecting the tideland ensures the preservation of these ecosystems.

  This example demonstrates the ecological significance of tideland as a unique habitat that supports diverse marine and avian life, making its protection a priority for environmental conservation.

• A local fisherman wants to set up a small commercial operation harvesting mussels from a particular bay. He needs to understand whether the area where the mussels grow is considered tideland. If the mussel beds are located within the tideland, he would likely need to obtain a permit from the state or local government, as these resources are often publicly owned. If the beds were entirely above the high-water mark, they might fall under different private property regulations.

  This example shows how the classification of an area as tideland impacts the regulation and permitting for commercial activities that utilize natural resources found in these intertidal zones.