Legal Definitions - tidelands

Tidelands, also commonly referred to as the foreshore, describes the strip of land along a coastline that lies between the average high tide mark and the average low tide mark. This area is regularly covered and uncovered by the ocean's daily tidal movements.

Legally, the ownership and use of tidelands are primarily governed by the public trust doctrine. This doctrine establishes that the state holds title to these lands, not as a private owner, but as a trustee for the benefit of all its citizens. This means the state must manage tidelands to protect public interests, such as navigation, fishing, and recreation, and can only transfer or develop these lands if it serves a broader public purpose.

The exact boundary between private beachfront property and public tidelands can vary by state. In most coastal states, private ownership extends only to the average high tide line, meaning the tidelands seaward of that line are considered public. In a smaller number of states, private property might extend to the average low tide line, but even in these cases, the public typically retains rights to navigate and fish within the tidelands.

Here are some examples illustrating the concept of tidelands:

• Recreational Use and Public Access: Imagine a family visiting a popular beach for a day of fun. They set up their towels above the high tide line on the dry sand, but their children spend hours playing in the wet sand, building sandcastles, and splashing where the waves gently roll in and out. This wet, sandy area, which is exposed at low tide and covered at high tide, is the tideland. Even though their towels are on private or public dry beach, their ability to freely play and walk along the water's edge in the wet sand is protected because the state holds these tidelands in trust for public recreational use.

• Coastal Development and Environmental Protection: A private company proposes to build a large, exclusive resort along a scenic stretch of coastline, including plans for a private pier extending into the ocean. The state environmental agency reviews the proposal carefully, particularly the parts impacting the tidelands. Under the public trust doctrine, the state must ensure that any development in the tidelands serves a significant public interest and does not unduly restrict public access or harm the environment. If the pier would block public access to a popular fishing spot or damage critical marine habitats, the state, acting as trustee for its citizens, might deny or significantly modify the permit, prioritizing the collective public good over private development.

• Property Line Disputes: A homeowner with a beachfront property installs a fence that extends down the beach, attempting to block people from walking along the wet sand in front of their house. Local residents, accustomed to strolling along the entire beach, challenge this. A legal review would likely confirm that the homeowner's private property typically ends at the average high tide line. The area seaward of this line, the tidelands, remains under the state's public trust. Therefore, the fence would be deemed illegal if it encroaches on the tidelands, as it would unlawfully restrict the public's right to access and use that portion of the beach.