[From the U.S. Government Printing Office, www.gpo.gov]


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                                                                                                               December,                   1992





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                              Sub-merged Lands Study

                   HD
                   243
                    A43
                   S8
                   1992















































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                                                                                                                                                                                                                                             US Department of Commerce
                                                                                                                                                                                                    NOAA Coastal Ser,,,4@7es Cert---- Library
                                                                                                                                                                                                                                             2234 00out'                                  Z.---









                                                                                                                                                                                                            SUBMERGED LANDS STUDY


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                                       This report focuses on issues and concerns relative to the management of submerged public lands in Alabama.

                                       The Alabama Department of Conservation and Natural Resources Lands Division is the agency charged with the responsibility of protecting the
                                       citizens' rights to access and use State waters as vested by the Public Trust Doctrine.

                                       At the same time, the Department is aware of the need to protect the rights that accrue to the riparian (or water's edge) property owner. Similarly,
                                       Alabama's economic vitality is inextricably linked to activities near or in the State's waters. Alabama's natural gas industry, fishing industry,
                                       shipping industry and tourism industry are all dependent upon the efficient utilization and fair allocation of submerged lands resources and
                                       management of uses within State waters.

                                       Alabama's growth in residential, recreational, industrial and commercial uses has and will continue to create development pressure along the
                                       water's edge -- whether coastal or inland. In recent years, environmental and water-use concerns have reinforced the need for resource managers
                                       to be "pro-active" as opposed to "re-active" in considering approaches that could balance the competing needs and uses.

                                       Studying other states and entities approaches to the issues is the first step in formulating guidance concepts that could enhance the state's ability
                                       to manage its submerged lands resources. Many other states (such as in the Northeast) are densely populated and because of development
                                       pressures, have experienced (are experiencing) many problems that Alabama could avoid. Therefore, they are especially important to review for
                                       "lessons learned". Our neighboring States of Florida and Mississippi have important innovative management approaches that could be considered
                                       for Alabama also.


                                       Significant management issues reviewed through surveying other states are appropriate for Alabama to consider in developing management
                                       guidelines for its submerged lands

                                                   Should development near/on State submerged lands be restricted to uses that are strictly water dependent (cannot exist elsewhere)?

                                                   An important issue -- densely populated areas especially restrict or condition uses that are not absolutely essential to commerce and are
                                                   not, by necessity, water-dependent.

                                                   How can the needs of the general public to "reasonably" access the water and shoreline of a waterbody be ensured?

                                                   Many states are practicing strategies to acquire linear walkways along the water's edge and provision of public access amenities such



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                                       ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES                                                                                                                    STATE LANDS DIVISION








                                                                                                                                          SUBMERGED LANDS STUDY


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                                  as boat ramps and public piers as part of development approvals for private projects.

                                  How can sensitive environmental conditions be protected from development intrusion?

                                  Many states are effectively "managing by Ecosystems" in acknowledging that nature does not recognize artificial boundaries. In essence:
                                  the particular needs and balancing of important ecosystems Isuch as those in preserves), should be the underpinning when deciding
                                  management strategies. The quality of the ecosystems should not be diminished in meeting the short term needs of commerce.

                                  How many is too many piers/structures/uses in one waterbody?

                                  Several states reviewed consider the cumulative and secondary effects caused by the "nibbling" or incremental effect of permitting too
                                  many structures in a limited area.

                                  What is the maximum size a structure over State submerged lands should be?

                                  Design and performance standards for submerged lands structures are effective management tools utilized by many States.

                          Numerous other issues and considerations were reviewed in surveying other state's submerged lands management approaches. These include
                          but are not limited to: permitting procedures, monitoring and enforcement, provisions for existing structures (prior to date of regulation),
                          determination of lease fees, licenses and terms.



























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                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES                                                               STA TE LANDS DIVISION







                                                                                                                                        SUBMERGED LANDS STUDY









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                         The waters and waterbottoms (submerged lands) of Alabama are some of the State's most important resources. The right to the access
                         and the use of these resources is one of the most commonIV held expectations of the citizens of Alabama. However, as growth along the
                         State's waterfronts and activities within the State's waters increase, conflicts between competing interests and uses will similarly escalate.
                         The "trustee" for Alabama's public lands --including the lands seaward of the mean high tide line, tidal lands, bottom lands of the Gulf
                         of Mexico, the bays, rivers, creeks and other navigable waterbodies in the State, is the Alabama Department of Conservation and Natural
                         Resources Lands Division.
                         The AgencV has the challenge of ensuring the public's rights to State lands and submerged lands while affording reasonable use
                         opportunities to water's edge property owners and developers.
                         In order to effectiveIV balance the increasing needs of private and development interests Alabama's submerged lands with the rights of
                         the general citizenrV to access the public waters of Alabama, the Alabama Department of Conservation and Natural Resources Lands
                         Division acknowledges the needs to develop realistic and reasonable management policies and enforceable guidelines.


                         What is the purpose of this study?
                         As a precursor to the development of management policies and guidelines, it is essential to review the authority inherent in management
                         of public submerged resources.
                         It is equally important to review the management procedures and experiences of other states (and entities) relative to public submerged
                         resources. Accordingly, this study consists of:
                                 (1) An overview of the issues involved pertaining to the management authority vested bV the Public Trust Doctrine. And,
                                 (2) an inventory of other coastal states and other entities approaches and experiences in managing public trust lands.




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                         ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES1 STATE LANDS DIVISION








                                                                                                                                                                                                              SUBMERGED LANDS STUDY


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                                      What is meant by the "Public Trust"?

                                      Originating in the early codification of Roman law, certain basic rights as tenants of "natural                                                         .......
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                                      law" were held common to all people. Air, water, the sea and the seashore, by their                                                              .. ... .
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                                      nature, belonged to all people and the purpose of holding "common things" in public trust                                                                               ........... ............................. ..
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                                      was to protect the public's uses.                                                                                                                                       ... .......
                                                                                                                                                                                              'Compare. ii4o:is.                        Iidj
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                                      The concept of public ownership of the waters and shores later appeared in the laws of                                                                                  ........................
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                                                                                                                                                                                                              ...................................... . . .. ....
                                      European nations in the Middle Ages. In the mid-thirteenth century English common law                                                                                   .............
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                                      recognized public rights in the sea and seashore determining that by law all navigable                                                                  .................-...
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                                      waterways were common highways for public uses. The King held title to the soil below
                                      the high water mark of navigable waters for the public benefit. The monarchs' property
                                      included "the rivers that are arms of the sea and the shore of the sea ... between the ordinary high water and                                                                   low-water mark".

                                      When the American colonies gained independence from England, the state governments assumed the role of "King" in respect to rights
                                      over waters within their borders while under the dual sovereignty system, the new federal government retained a "federal navigation
                                      servitude" authority to facilitate and maintain interstate commerce. (Under the "equal footing doctrine", all states subsequently admitted
                                      to the Union received the same rights as the original 13 states.)

                                      The meaning of the word "navigable", has lent considerable confusion in determining jurisdiction. The United States courts promulgated
                                      the "navigability-in-fact" test as the proper analysis for determining the waterways included within the public trust. Under this test, waters
                                      were deemed "navigable" when susceptible of being used "... in their ordinary condition as highways for commerce, over which trade
                                      and travel could customarily be conducted.... The true criterion is the capability of use, however difficult by the public, for purposes of
                                      transportation and commerce and the mode by which transportation or commerce is conducted is of no import whether by steamer, sailing
                                      vessel or canoe". This interpretation consequently lead to the so-called "toothpick" theory of navigability. As the Supreme Court of
                                      Mississippi held in Cinque Bambini "... Yet so long as by unbroken water course - when the level of the waters is at mean high water mark




                                      ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                                                                                               2








                                                                                                                                                                                                          SUBMERGED LAND                 S STUDY


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                                          one may hoist a sail             upon a toothpick and without interruption navigate from the navigable channel/area to land always afloat, the
                                       waters traversed and the lands beneath them are within the inland boundaries we consider the United States set for the property granted
                                       the state intrust." (sic). In the landmark Phillips Petroleum Co. v. Mississippi, the U.S. Supreme Court decision affirmed Mississippi's claim
                                       to waterbeds and held that "states                     upon entering the Union, were given ownership over                                  all lands    beneath waters           subject to the tide's
                                       influence."



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                                       Alabama Coastal Waters include: the Mobile Delta which encompasses the Mobile River, its tributaries and connecting streams, lakes
                                       and their tributaries; Mobile Bay, Mississippi Sound, Perdido Bay, and all other coastal waters connecting to Mobile Bay and their
                                       tributaries.


                                       The Mobile-Tensaw River delta extends southward from the confluence of the Tombigbee and Alabama Rivers, near the Mobile-Washington
                                       county line, approximately 35 miles to the northern end of Mobile Bay. The delta opens into the bay through four major tributaries:
                                       Mobile, Tensaw, Apalachee, and Blakely Rivers, and numerous small creeks and streams.


                                       The stream channels are characteristically wide and shallow in cross-section, and the channel slopes are relatively flat, resulting in low
                                       stream flow velocities. Waters in the Mobile Delta are subject to tidal currents and tidal influence from Mobile Bay has been documented
                                       in Mobile River as far up as Mount Vernon (river mile 41). The delta consists of approximately 89 square miles and is estimated to be
                                       composed of 20,332 acres of open water, 10,450 acres of fresh-mixed marsh, 69,348 acres of swamp, and 84,839 acres of mixed
                                       bottomiand forest.


                                       Mobile Bay is a submerged river valley about 31 miles long from its mouth to the Battleship Parkway at its northern end. It is about 23
                                       miles across at its widest part between Mississippi Sound and the Eastern Shore of Bon Secour Bay and has an average width of 10.8
                                       miles.


                                       The opening of Mobile Bay into the Gulf of Mexico is over 3 miles wide. The Intracoastal Waterway connects Mobile Bay to Perdido Bay
                                                                                                                   ffil









                                       through a cut from Oyster Bay to the west to Weeks Bay to the east. In addition to the rivers leading into the bay from its northern end



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                                       ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES / STATE LANDS DIVISION                                                                                                                                3








                                                                                                                                      SUBMERGED LANDS STUDY


                                                                                                                            . .... .    . ...


                         (the Mobile-Tensaw River Delta), Fish River, Magnolia River and Bon Secour River enter the bay along the eastern shore of Baldwin County.
                         Dog River, Fowl River and the Theodore Industrial Canal (Deer River) flow into Mobile Bay from the western side.


                         Perdido Bay lies at the mouth of the Perdido River and separates Florida and Alabama. It opens into the Gulf of Mexico through Perdido
                         Pass and is about 17 miles long and is 2 to 4 miles wide through much of its length. To the east, it is connected to Pensacola Bay through
                         the Intracoastal Waterway and Big Lagoon. To the west it is connected to Mobile Bay by Bay La Launch, Wolf Bay and the Intracoastal
                         canal. It has approximately 17,271 acres of open water and an average depth of 7.9 feet. Its shoreline and that of its associated bays
                         is 91.5 miles long, most of which is relatively undeveloped.


                         The Perdido River Basin comprises the eastern half of Baldwin County and encompasses approximately 810 square miles in Alabama.
                         The principal waters include the Perdido River, DVas Creek, Hollinger Creek, Styx River, Blackwater River, Negro Creek, Sandy Creek,
                         Perdido Bay, Wolf Bay, Bay La Launch, Arnica Bay and other coastal waters.


                         The interconnected system of small bays and estuaries is transacted from east to west by the Gulf Intracoastal Waterway (a 17.9 mile
                         long, 12 foot deep and 125 ft wide federal navigation channel).


                         Important rivers of Alabama essential comprise three goups: the Tennessee, the Mobile and its tributaries, and other rivers that empty
                         into the Gulf of Mexico. The Tennessee River enters Alabama in the Northeast and makes a broad loop across the State, flowing out in
                         the North west corner as part of the Tenn-Tom Waterway. (Its course is marked by the dams and artifical lakes of the Tennesse Valley
                         Authority.)


                         The Tombigbee River enters Alabama from Mississippi in the central section and receives the Sipsey, Alabama, and Alabama Rivers. The
                         Coosa, Tallapoosa and Cahaba rivers are tributaries to the Alabama River. The Conecuh, Choctawhatchee and Chattahoochee rivers flow
                         south into the Gulf of Mexico with the Chattahoochee forming part of the Alabama-Georgia border.


                         The Mississippi Sound is a body of water that lies directly south of the mainland of Alabama and Mississippi. Extending from Mobile Bay
                         in the east to Bay St. Louis in the west, the Sound is approximately 100 miles long. To the south it is bounded by a group of sandy barrier
                         islands all of which lie approximately 10 miles off the coast. The courts have ruled that the Sound is an "historical bay" because it meets
                         the tests required for consideration as "inland waters" pursuant to the Submerged Lands Act.


                         The Alabama portion of the Mississippi Sound extends from its connection with Mobile Bay on the east to the Alabama-Mississippi State
                         line to the west. The estimated watershed of the basin is 100 sq. miles and the estuary is composed of 92,702 acres of open surface
                         water and 13,261 acres of marsh. Little Lagoon is a narrow body of water about 8 miles long and averaging about .5 miles wide and


                                                                                  1.'.11." .............


                         ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES1 STATE LANDS DIVISION                                                             4








                                                                                                                                        SUBMERGED LANDS STUDY


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                          4 feet deep located at the base of Fort Morgan Peninsula. Settled with summer and year-round homes, its opening into the Gulf of Mexico
                          through the inlet located near the middle of its southern shore is a multi-jurisdictional subject of controversy due to off-site impacts from
                          jetties built Gulf-side to keep the lagoon pass open.
                          Weeks Bay, located on the eastern    side of Mobile Bay, is a pristine body of water meriting the special significance of being a National
                          Estuarine Research Reserve.





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                          ALASKA


                          How and when were Alaskan boundaries for public trust lands delineated?

                          Submerged Lands Act of 5/22/53. All lands permanently or periodically covered by tidal waters up to but not above the line of mean high
                          tide and seaward to a line 3 geographical miles from the coast are owned by the State.

                          What provisions were enacted for existing structures or uses?

                          "Preference right" grandfathers occupied land or development on or before date of Statehood. Basically, if State determines use to be
                          in public interest, the applicant is allowed to lease the occupied area at fair market value.

                          What is the State agency or department responsible for administering submerged lands regulation?

                          DNR, Division of Land. In some legislatively designated areas (critical habitat, game refuge) cooperation is with Department of Fish and
                          Game.



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                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES ISTATE LANDS DIVISION                                                               5








                                                                                                                                                                                                           SUBMERGED LANDS STUDY




                                       What is the permit procedural path an applicant must follow?


                                       File application with fees, complete project questionnaire, provide development plan, proof of financial responsibility, ownership verification
                                       and current uses, determination of potential environmental risks.


                                       What are the basic design performance standards for construction of structures over State waterbottoms and uses?


                                       None established to date. Development plans are reviewed for siting, design and performance. Requires a bond to be posted for
                                       development or alteration.


                                       What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?


                                       Inspected regularly, attempt to bring violations into compliance. No citation authority hampers ability to ensure compliance - must resort
                                       to lengthy civil court procedures.


                                       How are needs for public access to the water's edge met? Are easements and/or developer provision of public areas such as boat ramps
                                       and parking required?


                                       Municipal governments have easement or building setback requirements. The State reserves easements on land prior to conveyance, e.g.
                                       on navigable or public waterways, a 50' easement upland of the waterway is reserved. Also reserve access to same about every mile.


                                       Are there any growth management or limitation methods employed to address secondary and cumulative effects?


                                       Conduct "Best Interest Finding" to determine need to address public concerns, cumulative effects or environmental limitations or for any
                                       necessary mitigation.


                                       Are environmental assessment/impact statements required before approvals? public comment? mitigations of impacts?


                                       Environmental audits and public notice are required.








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                                                                                                                                                    X              X                                                                       X... x
                                                                    X.:        ...........                                   ....... .... ....       . . .....     .      ..." . ......  ....


                                       ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES ISTATE LANDS DIVISION                                                                                                                                 6








                                                                                                                                       SUBMERGED LANDS STUDY


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                         How are lease fees determined?


                         The State of Alaska is prohibited by state law from selling or granting any tidelands, shorelands or submerged lands. The state may lease,
                         issue easements or land use permits.

                         The term varies with the activity and type of authorization being issued. Short term uses are covered by easements or land use permits
                         and are generally issued for a 1 year term but can be issued up to 5 years. Permit conditions are handled on a case-bV-case basis but
                         always include requirements for guaranteeing continued public access. Fees are discretionary with minimums established at $500 for
                         personal use (floating homes) and $650 for commercial use. Fair market value may be charged.

                         Long term uses (2-55) years are covered by leases. Most leases are from 10 to 35 years. Lease conditions are handled on a case-by-case
                         basis but always protect public interest such as access. Leases are issued for fair market value unless the lease is for a public purpose
                         and the fee can be negotiated. These public purpose leases are almost always issued to a municipal government for such things as a park
                         or a public dock. Commercial uses on these leases is prohibited. Permit fees are established on a yearly basis by administrative order.
                         The fees vary by the activity and location in the state. For the past 10 years, Alaska has established the rate by the average fair market
                         value for an acre in a geographical area. The type of activity and size needed for the activity is generally not a consideration. Lease fees
                         are established by a fair market value appraisal which is conducted at the time the lease is issued and every 5 years thereafter. Fair
                         Market Value is generally 10 to 20 percent of the fair market value of adjacent uplands. Current annual lease rates are 8 to 10 percent
                         of the fair market value.


                         CALIFORNIA


                         How and when were California boundaries for public trust lands delineated?


                         At Statehood 1850, tidelands, submerged lands, beds of navigable waterways are in the public trust. Tidelands delineated as between
                         ordinary high and ordinary low tide. Submerged lands below ordinary low water line. Boundaries often based on last natural conditions.

                         What provisions were enacted for existing structures or uses?

                         Not specifically addressed in statute. Existing facilities may be exempted from environmental review in limited circumstances.

                         What is the state agency or department responsible for administering submerged lands regulation?




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                         A LA BA MA DEPA R TMENT OF CONSER VA TION A NO NA TURA L RESO URCES            S TA TE LA NDS DI VISION                                     7








                                                                                                                                            SUBMERGED LANDS STUDY


                                          ......... ...........
                                                                                                                             . .. ... ....... ......          .............


                           State Lands Commission. Also State        Legislature has given administrative power over some cases to local governmental entities with
                           commission retaining oversight. Also, California Coastal Commission with jurisdiction over coastal zone (CZM), San Francisco Bay
                           Conservation and Development Commission for the bay and waterward from line of highest tidal action, Department of Fish and Game,
                           Water Resources Control Board and Regional Water Quality Control Boards; all have regulatory authority in specific areas.


                           What is the procedural path an applicant must follow?


                           Generally - notice filed with Commission; commission sends application to applicant if project is appropriate use. When application is
                           complete, time frames begin - 1 yr if environmental impact report required, 6 months if not. After environmental review, lease is
                           negotiated and recommended to Commission for action.


                           Application includes proof of interest in property (ownership) assessors parcel map, local approval, notice to adjacent property owners,
                           vicinity map, project plans, written evidence of approval from Health Dept if well or septic tank required, copy of required environmental
                           documents, verification of all permits and approvals from public agencies, site-specific geology and soils report if site of high geologic risk,
                           filing fee, public notice.


                           What are the basic design performance standards for construction of tideland structures and uses?


                           None at this time. Surety bonds required. Special provisions including systems safety review may be added, usually when use of
                           hazardous/toxic materials involved or use is inherently dangerous. There are detailed standards for oil and gas development activities.


                           What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?


                           Required by statute. Monitoring programs are stipulated in lease for all impacts identified in environmental review. Refundable deposit
                           required to ensure construction compliance and applicant pays cost of staff/consultant to do actual site monitoring.


                           How are needs for public access to the water's edge met?


                           Constitutional provision and case law allow Commission to enhance public access by title settlements, lease provisions and cooperation
                           with other State and local agencies. A number of dedications of access easements required in permits issued by Coastal Commission have
                           been accepted by the Commission. Further the Commission notifies and comments on land developments e.g. subdivisions for public
                           access compliance. Commission also represents prescriptive rights acquired by the public via doctrine of implied dedication.




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                           ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES1 STATE LANDS DIVISION                                                                  8








                                                                                                                                       SUBMERGED LANDS STUDY


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                                                                                                                                          .. ...                   W.-X.


                          Are there any growth management or limitation methods employed to address secondary and cumulative affects?

                          During CEQA's environmental review, consideration is given to this issue.

                          Are environmental assessment/impact statements required before approvals?, public comment? mitigations of impacts?

                          Must comply with CEGA. Initial study conducted by commission to determine significant affect on environment. Based on study findings,
                          an impact report may be required or a negative declaration may be issued. ND may include mitigation measures. Public notice is
                          circulated.


                          CONNECTICUT


                          How and when were Connecticut boundaries for public trust lands delineated?

                          Public trust doctrine applicable to lands below high tide line of all navigable waters. Also Connecticut Coastal Management Act of 1979
                          established Coastal Management Program.

                          Landward, the coastal boundary extends to 100' setback from inland boundary of tidal wetlands at 1000' setback from mean high water,
                          or inland limit of the 100 year coastal flood zone, whichever is farthest inland. Seaward boundary determined by state's jurisdiction into
                          Long Island Sound.

                          What is the state agency or department responsible for administering submerged lands regulation?

                          Department of Environmental Protection, Division of Coastal Resources Management

                          What is the procedural path an applicant must follow?

                          Application with usual info, review for consistency with coastal policies and guidelines, determination of adverse impacts and modification
                          or mitigation, written certifications from Commission that no conflicts exist and measures to minimize impact have been taken.

                          What are the basic design performance standards for construction of structures and uses?

                          Must comply with policies and standards of 14 identified coastal resource categories, which specify approved land uses.


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                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES                      STATE LANDS DIVISION                                         9








                                                                                                                                                                                                          SUBMERGED LANDS STUDY


                                                                                                                                                                                                    ..........


                                       What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?

                                       Rely heavily on citizen complaints. Permit compliance is monitored. Enforcement actions include penalties halting construction, removal
                                       of structures, corrective actions or restoration.


                                       How are needs for public access to the waters edge met? Are easements and/or developer provision of public areas such as boat ramps
                                       and parking required?


                                       Funding has been provided for small scale municipal construction
                                       projects, municipal coastal programs and required coastal site plan review. Through review process, new public access has been provided
                                       as walkways, waterfront parks, easements, an other agreements. A state boat launching facility has been expanded, funding provided
                                       for improved fishing access.

                                       Are there any growth management or limitation methods employed to address secondary and cumulative effects.

                                       Municipalities are encouraged to prepare long-range development plans, with funding and technical assistance from CRMD staff. Also
                                       Harbor Management Plans are encouraged and supported.

                                       Are environmental assessment impact statements before approvals? public comment? mitigations of impacts?


                                       Yes, yes, yes



                                       DELAWARE


                                       How and when were Delaware boundaries for public trust lands delineated?


                                       Three mile limit recognized in Atlantic Ocean. Boundary between Delaware ad New Jersey determined by a survey at statehood. In other
                                       tidal areas, State owns to mean low water line and in non-tidal areas ownership is determined case by case from deeds per Subaqueous
                                       Lands Act of 1969, and amended by statute 1986.


                                       What provisions were enacted for existing structures or uses?



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                                       ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES                                                             STATE LANDS DIVISION                                                                    10








                                                                                                                                        SUBMERGED LANDS STUDY


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                                                                                           . .. ..    ..... .. .......                    .....
                                                                                                . . .......................


                          No legal provisions. Administratively, existing structures prior to 1969 do not require a lease until modified beyond its original dimension.

                          What is the state agency or department responsible for administering submerged lands regulation?

                          Department of National Resources's, Division of Water Resources, specifically Wetlands and Aquatic Protection Branch.


                          What is the procedural path an applicant must follow.

                          File application, location map, scaled drawing of proposed activity, certified copy of deed and survey or written permission from owner.

                          What are the basic design/performance standards for construction of structures and uses?


                          Spelled out in Section 3.02 of drafted regulations (not yet adopted).

                          What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?


                          Environmental Scientist coordinates uniformed enforcement officers and marine police. Routine aerial surveillance proves most beneficial.


                          How are needs for public access to the water's edge met? Are easements and/or developer provision of public areas such as boat ramps
                          and parking required?

                          Case by case basis, Have active program for purchasing riparian land for ramps and docks. If possible, developer is required to provide
                          access point.


                          Are there any growth management or limitation methods employed to address secondary and cumulative effects?

                          Has not yet been resolved. Draft regulations not yet adopted. Is included in review of project as environmental consideration. As is
                          applicant may be required to determine cumulative effects of aquatic ecosystem, natural surface and groundwater hydrology.

                          Are environmental assessment/im pact statements required before approvals? public comment? mitigation?

                          May be required for major commercial activity or other with substantial impact. General assessment of potential impacts must be provided.
                          Draft regulations call for mitigation to be included in permit or lease.


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                          ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION








                                                                                                                                           SUBMERGED LANDS STUDY


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                         FLORIDA


                         How and when were Florida boundaries for public trust lands delineated?


                         Set forth in state constitution and Florida Administrative Code     (most recently 3/27/82).


                         What provisions were enacted for existing structures or uses?


                         I characterizations: Registered grandfathered structures (application submitted to Department prior to 9/30/84 will be brought under lease
                         as of 1/1998 or before. Unregistered grandfathered structures (revenue generating structure built before 3/10/70 or non revenue
                         generating built before 3/27/82 will be brought under lease on 4/1/91 or earlier if sold, altered by more than 50% or altered without
                         authorization.


                         What is the state agency or department responsible for administering submerged lands regulation?


                         Department of National Resources - Division of State Lands, Bureau of Submerged Lands and Preserves as staff to Board of Trustees of
                         Internal Improvement Trust Fund (Governor and Cabinet).


                         What is the permit procedural path an applicant must follow?


                         Application (joint w/Corps, DER, DNR, WMD) reviewed for type of activity & completeness. Site inspection; public notice; meeting to
                         discuss modifications, mitigations, etc. Applications includes all the usual elements plus statement for proposed erosion (turbidity)
                         sedimentation controls. Also description of construction techniques and sequences, stabilizations methods, source and type of fill material,
                         aerial photographs showing current conditions.


                         What are the basic design performance standards for construction of structures and uses?


                         Limited criteria primarily related to size. Activities limited to water-dependent uses unless in public interest to allow exception. Stilt house
                         residential boathouses prohibited. Road access to islands not previously existing prohibited. Dock sizes depend on shoreline ownership
                         (10: 1 rule) - may use 10 sq. ft of submerged land to every linear foot of shoreline owned. May not extend into water more than 25 %
                         of width of water at site lines.       Setback 25' from either side of riparian lines. Tips for Dock Construction made available as
                         recommendations.




                                                                    ...                                                       .......................
                                                                      X.,                                                ..........
                                             xx
                                                                   .... ..... .                      ......             ....................................


                         ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES1 STATE LANDS DIVISION                                                                12








                                                                                                                                           SUBMERGED LANDS STUDY


                                                                                                             . . ....... %...:" ........  *.,.*."::::.".,@.::*.:".:."..*.-*,.@.,..'.",.,::.,.*,..".*",.:.."".,.,,.,:,.",..,.,.,..,.,.*.,*...,.,....*..'.....,.*.....,.,..'..........:.....:,:..:...,...,,..-.-.-.-...-.-.-.%-
                                                               .. .. .. . .


                           What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?

                           Compliance checks performed 1 year after lease authorization prior to renewal. May be done at mid-term (2 to 3 years) but not priority.
                           Local resolutions attempted first.

                           How are needs for public access to the water's edge met? Are easement and/or developer provision of public areas such as boat ramps
                           and parking required?

                           Off er lease fee discounts for facilities open free to public. In aquatic preserves, applicants may be required to demonstrate that the project
                           is in the public interest; by providing public access, this requirement can be met.

                           Are there any growth management or limitation methods employed to address secondary and cumulative effects?


                           Part of the review process.


                           Are environmental assess ment/impact statements required before approvals? public comments? mitigations of impacts?


                           Yes, yes, yes


                           How are lease fees determined?


                           A lease is required for any revenue generating structure or activity , facilities, private multi-family docking facilities in aquatic preserves
                           and private multi-family docking at facilities outside aquatic preserves that preempt more than 1,000 square feet of submerged lands for
                           every 100 linear feet of shoreline.

                           Leases are generally issued for a term of 5 years. Extended term leases up to 25 years may be issued subject to the adjusted fee
                           schedules rates developed by the Board of Trustees Extended Term Lease Policy. Aquaculture leases are issued for a term of ten years.

                           An easement is required for bridge and utility crossings, navigation and flushing channels, borrow and spoil sites, shoreline stabilization
                           projects, water management structures such as dams, weirs, levees, and swales, public navigation project channels, navigation, access,
                           flushing and other channels, and any boat ramp uses in conjunction with an access channel for which an easement is required. The terms
                           of public easements are limited to the life of the proposed project or amortization of the improvements are generally issued for a period
                           of 30 years. The terms of private easements are limited to "reasonable" periods of time related to the life of the proposed project or


                                                                                            ........... ... ...
                                                      X- -,::XXX.1.                 ................
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                           ALABAMA DEPARTMENT OF CONSERVATION AND NA TURAL RESOURCES / STATE LANDS DIVISION                                                             13








                                                                                                                                     SUBMERGED LANDS       STUD Y


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                                                . ......... .................. ...


                         amortization of the improvements. No fees are assessed for public easements. Generally a one-time fee is assessed for private easements
                         based upon an enhanced property value appraisal obtained by the applicant and ranging from 10 to 25 percent of the enhanced value.
                         The Department of Natural Resources determines the percentage assessment in consideration of the extent to which the easement
                         precludes traditional or future public uses of sovereign submerged lands. If activity involves placement of structures, an annual fee may
                         be assessed based upon the lease fee base rate and is in addition to the onetime enhancement fee. If placement structures are not
                         involved, generally a land value fee is assessed for the initial easement term and then is also subsequently applied to any renewals.


                         A Use agreement can be issued with a letter of consent conditioned upon the applicant complying with the General Consent Conditions
                         and for certain projects which provides for mod ification/discontinuation, etc., after a 5 year period as may be determined by the
                         Department of National Resources. These use agreements are issued for the same terms as public easements and are generally for periods
                         of 10 to 30 years. There are no fees generally assessed for letters of consent except for maintenance dredging and new dredging of less
                         than 500 cubic yards. There is no annual fee assessed for use agreements. An application processing fee of $500 for geophysical testing
                         involving incidental crossing of submerged lanes and treasure salvage operations is required; an application processing fee of $800 for
                         geophysical testing in offshore waters is required. No annual fees are assessed for management agreements. Management agreements
                         are generally issued for terms of up to 30 years depending on the specific project site and activity involved.


                         Florida has an extended term lease policy and fee rate chart; Aquaculture leases are assessed a base annual rent of $15 per acre or
                         fraction thereof; and an annual surcharge representing $5 per acre or fraction thereof.


                         There are no fees assessed for pubic easements. Generally a one time fee is assessed for private easements based upon an enhanced
                         property value appraisal obtained by the applicant and ranges from 10 to 25 percent of the enhanced value. The Department of Natural
                         Resources determines the percentage assessment in consideration of the extent to which the easement precludes traditional or future
                         public uses of sovereign submerged land. If an activity involves placement of structures , an annual fee may be assessed based upon
                         the lease fee base rate and is in addition to the one-time enhancement fee. If placement of structures is not involved, generally a land
                         value fee is assessed for the initial easement term and then is also subsequently applied to any renewals.


                         No fees are generally assessed for letters of consent except for maintenance dredging and new dredging of less than 500 cubic yards.


                         No annual fees are assessed for use agreements. An application processing fee of $500 for geophysical testing involving incidental
                         crossing of submerged lands and treasure salvage operations is required; an application process fee of $800 for geophysical testing in
                         offshore waters is required.


                         No annual fees are assessed for management agreements



                         ............................

                         ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES / STATE LANDS DIVISION                                                        14








                                                                                                                                    SUBMERGED LANDS STUDY


                                      ..............................



                         GUAM


                         How and when were Guam boundaries for public trust lands delineated?


                         Seashore Protection Act of 1974 defines "seashore reserve" as land and water seaward to the 10 fathom contour, except villages where
                         residences constructed along shoreline prior to Act's effective date, and inland to the nearer of: from mean high water for a horizontal
                         distance of 10 meters or from mean high water to the inland edge of the nearest public ROW.


                         What provisions were enacted for existing structures or uses?


                         Grandfathers everything for which building permit was issued prior to effective date, provided no substantial changes (not in accordance
                         with new requirements) are made.


                         What is the state agency or department responsible for administering submerged lands regulation?


                         Bureau of Planning administers coastal management program. Seashore Planning Act created the Territorial Seashore Protection
                         Commission to prescribe plan for permitting and regulation.


                         What is the permit procedural path an applicant must follow?


                         Apply, public hearing, review for federal consistency performance, bond
                         Guam EPA issues Water Quality Certificate and requires Environmental Protection Plan. Clearance may be required from Historic
                         Preservation Officer. Also a series of land use and building permits required from Territorial Land Use Commission, the Development
                         Review Committee, and Department of Public Works.


                         How are needs for public access to the water's edge met? Are easements and/or developer provision of public areas such as boat ramps
                         and parking required?


                         This is addressed in the Seashore Protection Act as a provision of the Seashore Reserve Plan


                         LOUISIANA


                         How and when were Louisiana bo     undaries for public trust lands delineated?


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                         ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCESI STATE LANDS DIVISION                                                        15









                                                                                                                                         SUBMERGED LANDS STUDY


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                          In 1812 (Statehood) Under "Equal Footing Doctrine" State gained title to all naturally navigable bodies of water. Marsh/swamplands were
                          patented (deeded) to private companies/individuals (except for navigable -waterbottoms) Validity of patents has been questioned since
                          Phillips decision in Mississippi, but upheld to date. State owns beds and bottoms of all naturally navigable streams, bayous, rivers up to
                          mean low water and lakes, bays areas to the mean high water. No demarcated line of public vs. private ownership.


                          What provisions were enacted for existing structures or uses?


                          None - (this has been a problem according to administrators)


                          What is the state agency or department responsible for administering submerged lands regulation?


                          State Land Office under Department of Administration is responsible for titling and managing, except for mineral leasing, ROW;s, surface
                          leases and permits and leases to riparian owners.


                          Department of Wildlife & Fisheries responsible for leasing for oyster/shellfish culture. Also grants leases for commercial dredging/shell
                          removal. Also manages a program for regulation of designated "scenic streams."


                          Coastal Management Division of the Department of Natural Resources handles coastal zone management program. Permitting of activities
                          within designated coastal zones and manage the joint public notice program with Corps of Engineers for Section 404 & 5.10 programs.


                          What is the permit procedural path an applicant must follow?


                          Written notification to commissioner of Division of Administration, apply to parish governing authority, apply to Corps of Engineers, publish
                          notice in official parish journal, pay fees,


                          Application must include certified copy of deed or certified copy of instrument which shows applicant's interest (lease, etc) in the property
                          and 2 owners permission for project. Also certified survey plat showing old and present shoreline and limits of reclamation; plan view
                          of activity site-section view of activity site. Application must be followed by either a boundary agreement (fixes definitive boundary
                          between reclaimed area & waterbottoms) or lease agreement (operates/maintains encroachment).


                          What are the basic design/performance standards for construction of structures and uses?


                          Reclaimed land must be raised to minimum height of 6" above mean high water and stabilized along            newly created bank or shore by


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                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCESI STATE LANDS DIVISION                                                             16








                                                                                                                                        SUBMERGED LANDS STUDY


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                          masonry, concrete mats, riprap, sheet    piling, bulkheads or similars.

                          Structures (wharves, piers) are assessed 2 cents per sq feet of state-owned waterbottom enclosed or utilized by the structure, including
                          adjacent & contiguous water in 10' increments. Some design standards may be imposed by local planning commissions.


                          What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?


                          Review permit applications submitted to other agencies, routine spot inspections; encourage public participation in monitoring public lands.
                          Other regulatory agencies have field inspectors.


                          How are needs for public access to the water's edge met? Are easements and/or developer provision of public areas such as boat ramps
                          and parking required?

                          Drainage, public navigation, fisheries in surrounding area are not to be impeded. Public access shall not be denied unless it unreasonably
                          interferes with Lessee operations. All uses should be conducted to permit multiple uses including recreation.


                          Are there any growth management or limitation methods employed to address secondary and cumulative effects?


                          In evaluation of compliance with "Coastal Use Guidelines" as administered by DNR at time of application) specific adverse affects to avoid
                          are cited in Guideline of Louisiana Coastal Resource Program Final EIS.


                          Are environmental assess ment/impact statements required before approvals? Public comment? Mitigations of impacts?


                          Yes, public notice and comments, negative responses may cause public hearing, mitigation through assessments of secondary and
                          cumulative impacts plus through guiding development of other areas; development of enhancements programs for barrier island
                          protection, freshwater diversion & accelerated delta building.


                          MAINE


                          How and when were Maine boundaries for public trust lands delineated?


                          English common law, at statehood. Management legislation in 1975 via Submerged Lands Act. Boundaries - land from mean low water
                          mark or a maximum of 1,650' seaward to the mean high water mark whichever is closer out to the seaward boundary of coastal waters.


                                        . ........              . . .........
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                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES ISTATE LANDS DIVISION                                                             17








                                                                                                                                    SUBMERGED LANDS STUDY


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                        And all land below the mean low water mark of tidal rivers upstream to the farthest natural reaches of the tide. And land below the
                        natural mean low water of ponds less 10 acres. And river beds of international boundary rivers.


                        What provisions were enacted for existing. structures or uses?


                        Extended constructive easements for 30 years to owners subject to no significant alteration of the structure or use. Registration program
                        for these beginning 1 /1 /91 and completed by 12/31 /95.


                        What is the state agency or department responsible for administering submerged lands regulation?

                        Bureau of Public Lands; Submerged Lands Management is agency of Department of Conservation. Interacts with State Planning Office's
                        Coastal Program, Department of Environmental Protection Marine Resources, Fisheries Wildlife, Transportation Economic Development,
                        Land Use Regulation Commission.


                        What are the surveillance and monitoring techniques employed to ensure compliance with state tidelands regulations?


                        Possible site visit. Written notification of noncompliance. If do not comply by deadline, structure may be ordered removed. Legal action
                        will follow.


                        How are needs for public access to the waters edge met? Are easements and/or developer provision of public acres (such as boat ramps
                        and parking) required?

                        Major consideration during review process. Statutes allow negotiation to protect or enhance public access. Also covers mitigation of
                        other impacts.


                        Are there any growth management or limitation methods employed to address secondary and cumulative effects?

                        Review attempts to assess cumulative impacts and reconcile discrepancies.


                        Are environmental assessment/impact statements required before approvals? public comment? mitigations of impacts?


                        Most do not require formal statement, but specific studies or modifications may be required. Public comments taken by all agencies
                        involved. Mitigations at review.


                                                                                           ...............
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                        ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                      18







                                                                                                                                            SUBMERGED LANDS STUDY


                            ........ .. . .........                 . .... . ... .......                                                 .....
                                                                                                                                       ..........
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                                                            . ........ -X.  .................. .. . ....
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                            How are lease fees determined?




                            MASSACHUSETTS


                            How and when were Massachusetts boundaries for public trust lands delineated?

                            Ownership in tidelands and great ponds established by Colonial ordinance 1641 and 1647. These confirmed private ownership to low
                            water, subject to fishing, fowling and navigation easements. State owns land below low water - can be created into private only by
                            legislature, a grant meeting strict standards and for a proper public purpose. Scope of easements has been subjected to litigation.

                            What provisions were enacted for existing structures or uses?

                            Have required tidelands licenses since 1866.

                            1. No license required for continuing use of lawfully filled private tidelands   if there have been no structural alteration or change in use
                            since 1 /1 /84 or in violation of an expressed condition of the grant or license authorizing the filling.
                            2. Amnesty period of 3 yrs (ends in 10/93) for licensing unlicensed work in existence since before 1 /1 /84.
                            3. "interim approval" (30 yrs; non-transferrable) can be given to certain small water-dependent projects which are accessories to single
                            family residences. (For instance, a pier for personal use). This postponement of licensing allows a homeowner to avoid the expense of
                            professionally stamped plans.

                            What is the state agency or department responsible for administering submerged lands regulation?

                            Department of Environmental Protection Waterways Regulation Program

                            What is the procedural path an applicant must follow?


                            1. Pre-application consultation
                            2. Filing & Completion of application
                            (set of plans, fee, statement of public purpose, public comment
                            3. Plan Content & specification (maps, etc.)
                            4. Information on other state and local approvals (list of environmental regulatory programs, copy of environmental notification form and


                                                                                                                             ......................
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                            ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES / STATE LANDS DIVISION                                                              19








                                                                                                                                        SUBMERGED LANDS STUDY


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                          certificate of secretary certification that project does not require municipal approvals, certification from city of license application.
                          5. Application automatically expires after 2 years if deemed incomplete.


                          What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?


                          Site visits at time of application and at completion of project; annual fee charged to non-water-dependent projects funds inspectors. Local
                          harbormasters also report problems, monitor public notices required by MEPA, Corps of Engineers, etc. which lists projects that may
                          require licenses.


                          How are needs for public access to the water's edge met? Are easements and/or developer provision of public areas such as boat ramps
                          and parking required?


                          Licenses conditioned upon provision of public access especially for non water-dependent uses. Access to flats is limited to fishing, fowling
                          and navigation. In present or former submerged lands, more extensive access requirements are imposed.


                          Are their any growth management or limitation methods employed to address secondary and cumulative effects?


                          Through municipalities via municipal harbor plans. (new program)


                          Are environmental assessment/impact statements required before approvals? public comment? mitigations of impacts?


                          Impact statements required as part of MEPA (modelled after NEPA). Projects not requiring MEPA are very small. Public notice and often
                          public hearing is part of application process. License conditions mitigate impacts by requiring public access or relocation of displaced
                          water-dependent businesses.








                          MICHIGAN


                          How and when were Michigan boundaries for public trust lands delineated?




                                                                 . .. .....                                        . .....    ... .. . .       .....


                          ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                        20








                                                                                                                                           SUBMERGED LANDS STUDY


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                            Northwest Ordinance of 1787 declared navigable waters, etc.,       held in trust for use of the people. Michigan acquired this trust when it
                            entered the Union in 1837. Great Lakes Submerged Lands Act         1955 codified common law and public trust doctrine as applies to Great
                            Lakes bottomlands and waters. Defined by "lying below and lakeward of natural ordinary high-water mark" but excepts swamp land
                            grants or rights acquired through, natural accretions. High water marks further specifically. delineated for each Lake.


                            What provisions were enacted for existing structures or uses?

                            None. All past fills or occupancies are considered trespasses against public trust title and are required to obtain authorization to continue.
                            Courts have held that adverse possession does not run against the state's perpetual duty to oversee public trust lands.


                            What is the procedural path an applicant must follow?


                            Application including survey and description of subject and adjacent property, title abstract, and tax history. Approvals from federal
                            agencies, waterways commission, local governments; fees


                            What are the basic design/performance standards for construction of structures and uses?

                            Noncommercial piers, etc., are of similar size to other in vicinity and allow for free flow of water. Seawalls, etc. must be constructed
                            of materials free of pollutants, waste metals, debris or organic materials and must not be more than 300' long and in an area where similar
                            structures already exist. Backfill not to exceed average of 3cu yds per running foot along shoreline and max of 300 cu yds. Low profile,
                            not more than 1' above water level. Many other specific regulations.


                            What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?


                            Field officers conduct inspection before issuing permit. Also final inspection. Enforcement action may be brought for noncompliance.


                            How are needs for public access to the waters edge met? Are easements and/or developer provision of public area such as boat ramps
                            and parking required?


                            Must not substantially affect public use or impair public trust. Contains provision for public access (only in conveyance to local
                            governments) Will not interfere with public navigation rights, is on an overall beneficial nature.

                            Are environmental assessment/impact statements required before approvals? public comment? Mitigation of impacts?


                                                         ............... .
                                ... ......
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                            ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES ISTATE LANDS DIVISION                                                              21








                                                                                                                                         SUBMERGED LANDS STUDY


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                         EIS may be required after preliminary review of application. Public notice made to affected parties. Mitigation required before approval.


                         MISSISSIPPI


                         How and when were Mississippi boundaries for public trust lands delineated?


                         Per Coastal Wetlands Law of 7/1/73 (note: in Mississippi "coastal wetlands" refers to tidelands and waterbottoms NOT wetlands by EPA
                         standards) - publicly owned lands subject to ebb and flow of the tide, below the watermark of ordinary high tide; publicly owned accretions
                         above the watermark of ordinary high tide; publicly owned submerged waterbottoms below the watermark of ordinary high tide. Includes
                         flora and fauna. Extends seaward to state boundary. Per Landmark Supreme Court decision: Phillips Petroleum vs. Mississippi, the State
                         has been reinforced in its ownership of submerged lands.



                         What provisions were enacted for existing structures or uses?


                         Restricted to existing uses occurring on or adjacent to upland sites or historical uses in water areas such as dredge material disposal areas,
                         shellfish growing areas, navigation channels, etc.


                         What is the state agency or department responsible for administering submerged lands regulations.


                         Mississippi Department of Wildlife Fisheries and Parks/ Bureau of Marine Resources is responsible for wetlands. Secretary of State
                         prepares leases trust lands.


                         What is the procedural path an applicant must follow?


                         Files "joint application" with Corps of Engineers, BMR, and DEQ. Application includes description, schedule, cost, purpose, public benefits,
                         public use, plan view, names of adjacent property owners. Also lists of approvals received from Bureau of Pollution Control, BMR, Corps
                         of Engineers, City/ County. Also to be attached are vicinity maps, authorized agent, environmental assessment, and justification for any
                         request of variance in guidelines of Coastal Wetlands Use Plan.


                         What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?


                         via fly overs, site inspections.


                                                               . ... ... ...... ................. .. .
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                         ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                      STA TE LANDS DIVISION                                       22








                                                                                                                                      SUBMERGED LANDS STUDY


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                         How are needs for public access to the waters edge met? Are easements and/or developer provision of public areas such as boat ramps
                         and parking required?


                         Urban waterfront plans and sand beach plans address access needs and improvements. Access construction projects (boat ramps/fishing
                         piers, parking lots) have been funded through CZMA Section 306A Low Cost Construction Program.


                         Are their any growth management or limitation methods employed to address secondary and cumulative effects?


                         At this time no specific method to address. Identified as a need.


                         Are environmental assessment/impact statements required before approvals? public comment? mitigation of impacts?


                         Yes, Yes, Mitigation required when all other methods to prevent wetland loss are exhausted.


                         NEW HAMPSHIRE


                         How and when were New Hampshire boundaries for public trust lands delineated?


                         Mean high tide lines marks landward limit of public ownership derived from English Common law principles. Regulation of dredging, filling,
                         placement of structure in public waters is carried out by N.H. Wetlands Board (authorized by statute and comprised of representatives
                         of state agencies and municipal officials).


                         What provisions were enacted for "grandfathering" existing structures or uses?


                         Structures in place prior to enactment of regulatory program (6/22/67) are grandfathered.


                         What is the state agency or department responsible for administering submerged lands regulation?


                         State regulates activities which impact submerged lands through wetlands permitting. State Port Authority regulated boat moorings, harbor
                         planning and management.


                         What is the permit procedural path an applicant must follow?




                                                                                                                 ...........
                                ...............X                                                          .... ...... ............
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                         ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                      23








                                                                                                                                    SUBMERGED LANDS STUDY


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                         No procedure for submerged lands leasing. Process is for wetlands permits, mooring permits or aquaculture permits.


                         What are the (basic) design/performance standards for construction of tidelands structures and uses?


                         Specific for uses


                         What are the surveillance and monitoring techniques employed to ensure compliance with state tidelands regulations?


                         Environmental inspectors (2) monitor projects which impact wetlands and submerged lands.


                         How are needs for public access to the water's edge met? Are easement and /or developer provision of public areas such as boat ramps
                         and parking required?


                         Open N.H. coast mostly public and managed for recreation - no developer provisions required. Along estuarine shoreline, much frontage
                         is privately owned. Access areas for boating, picnicking are limited in size.


                         Are there any growth management or limitations methods employed to address secondary ad cumulative effects?


                         not directly addressed


                         Are environmental assess ment/impact statements required before approvals? opportunity for public comment? mitigations of impacts?


                         Only when a Wetlands Board permit is required. Direct filling of submerged lands/wetlands is not allowed unless project is deemed to
                         be in the "public good". In these projects, mitigation is usually required as determined on case by case basis.



                         NEW JERSEY


                         How and when were New Jersey boundaries for public trust lands delineated?


                         English common law -(Public Trust Doctrine) Boundary is the mean high tide including formerly filled lands. Mean high water based upon
                         theoretical 18.6 year tide. Tidelands delineation and mapping now being conducted until completed determinations are made case by case.
                         Waterfront Development Law (1914) regulates construction or development up to first property line, public road or railroad, provided it


                                                                      ..... .......
                                                                     ............ .... ........                                                               . .....

                         ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES                    STATE LANDS DIVISION                                      24







                                                                                                                                          SUBmERGED LANDS STUDY


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                          is between 100 -500 feet from waterway. Coastal Area Facility Review Act (CAFRA) regulates location, design, and construction in
                          coastal region. Wetlands Act (1970) regulates activities on coastal wetlands.

                          What provisions were enacted for existing structures or uses?

                          CAFRA grants exemption to facilities that were in place or under construction on or before 9/19/73. Wetlands Act exempts permitting
                          for existing prior to 1/1 /81 as long as repairs or renovations do not increase size and structure is solely residential or for use of pleasure
                          vessels.


                          What is the state agency or department responsible for administering submerged lands regulation?

                          Department of Environmental Protection and Energy Land Use Regulation Program (Tidelands Management Program is part of LURP- they
                          have Tidelands Resource Council).


                          What is the permit procedural path an applicant must follow:

                          Optional pre-application conference, application, public comments, application completed and reviewed, option public hearing. CAFRA
                          regulations add mandatory public hearing EIS.


                          What are the basic design performance standards for construction of structures and uses?

                          Design guidelines for public access have been adopted . These are specific to type of structure or use. Standards are also imposed during
                          review process for location, usage and resource restrictions. N.J. has adopted a 3 step process for review: location, use and resource
                          policies are defined for each type. A proposal must satisfy each set of policies.

                          What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?

                          Site inspections are provided for in permit. Modifications can be required permits suspended or revoked.

                          How are needs for public access to the water's edge met? Are easements and or developer provision of public areas such as boat ramps
                          an parking required?



                                                                        . . . .......... %_.11.*1 . .......
                          . .. . .....                                                                     ... . ........

                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES / STATE LANDS DIVISION                                                              25








                                                                                                                                            SUBMERGED LANDS STUDY


                           .............. ............ 1.',.'.,-,-'.,`,`,,                                                                                   ......................... ...
                           ..................... . . . ....
                                                                                                                                                             . . . ........... . . .......
                                                                                                                                                               X: ... ......... :.:::
                                                                                                                                                          .... .............%........... ........


                           Each shorefront development proposal must address 12 policies relating to access,            visual and physical.     Plan must identify areas
                           appropriate for public access. Easements may be required. Developer provision of linear walkways is required. Parking must be provided
                           in publicly funded projects.

                           Are there any growth management or limitation methods employed to address secondary and cumulative effects?

                           Growth management measures provided through 3 step review process. Areas of the Jersey Shore are rated for their ability to withstand
                           development with filled water's edge allowing the most intense. Other areas of sensitivity have limitation on coverage, etc. The EIS for
                           wetlands projects must analyze indirect effects of proposed activity on adjacent and noncontiguous areas.

                           Are environmental assessment/impact statements before approvals? public comment? mitigations of impacts?

                           Yes, under CAFRA public hearing and review mitigation considered case by case.



                           NEW YORK


                           How and when were New York boundaries for public trust lands delineated?

                           Derived from English Common Law (public trust doctrine). New York presumptively holds title to "land under water", that is below the
                           high water mark on rivers & tidal water bodies. Also below low water mark on lakes and ponds. Historic boundary delineation of public
                           trust lands has been mean high water mark. New York has adopted the line of vegetation test as the means to locate this boundary.
                           Exceptions to boundary in Nassau and Suffolk Counties where colonial patents (deeds) conveyed ownership to towns.

                           What provisions were enacted for existing structures or uses?

                           Grandfathers any development or activities which had final approval from appropriate local government prior to date of regulations. Tidal
                           Wetlands Act grandfathers any structure lawfully in existence as of effective date of regulation. Any further states that the new
                           restrictions will not be deemed to require a variance for repair, restoration or rebuilding but that such activity may be subject to the new
                           permitting requirements. It further stipulates a provision that repair, etc., activities to existing structures must not increase non compliance
                           with regulations.

                           What is the state agency or department responsible for administering submerged lands regulation?


                                                                                                  ........     . . . ....

                           ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES ISTATE LANDS DIVISION                                                                26








                                                                                                                                        SUBMERGED LANDS STUDY


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                           Department of State - Coastal Management Program Department of Environmental Conservation - Tidal Wetlands Act, Coastal Erosion
                           Hazards Areas Act State Environmental Quality Review Act & Stream Protection Act. Off ice of General Services - Article 6 of Public Lands
                           dealing with grants of land under water.


                           What is the procedural path an applicant must follow?

                           Certifies that proposed action is consistent with coastal policies of the Coastal Management Program. Files "Consistency Assessment
                           Form". Completes federal agency app.


                           What are the basic design/performance standards for construction of structures and uses?

                           1. Min. setback of structures 100 ft (except boardwalks, docks, bulkheads, piers, etc. is 75') landward from the most landward edge.
                           Within city of N.Y., this is 30'. In areas where existing structures are substantially the same type as proposed and are within 500' of
                           proposed, the average setback may be used. No more than 20% of adjacent area can be covered by existing or new structures or
                           impervious materials. Clustering of multi-familV dwellings allowed to encourage maintenance of undeveloped areas. Surface water runoff
                           shall be prevented by installing drV wells, retention basins, etc.

                           What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?

                           Periodic inspections by conservation officers. Site visits responding to complaints from citizens, environmental groups, local governments,
                           or state agency staff.

                           How are needs for public access to the waters edge met? Are easements and/or developer provision of public areas such as boat ramps
                           and parking required?

                           'rwo policies of coastal management program directly address public access. Policy guidelines are used in project review process. Program
                           encourages mixed use areas and multiple use of facilities. Existing access shall not be reduced, nor shall possibility of increasing access
                           be eliminated. Projects evaluated based on level of estimated public use, also whether level of access causes a degree of use exceeding
                           physical capacity of the facility.

                           Are there any growth management or limitation methods employed to address secondary and cumulative effects?




                           ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES / STATE LANDS DIVISION                                                          27








                                                                                                                                     SUBMERGED LANDS STUDY


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                           Need to do so has resulted in program changes this year with Section 309 grant changes include preparation and adoption of regional
                           coastal management programs, improvements in local government management of coastal resources and centralizing the determination
                           of consistency of projects and activities in the coastal area with state coastal policies.


                           Are environmental assessment/impact statements required before approvals? public comment? Mitigations of impacts?


                           Required of most significant projects through the State Environmental Quality Review Act (SEQR) provides for public comment and
                           hearings and mitigation.


                           NORTH CAROLINA


                           How and when were North Carolina boundaries for public trust lands delineated?


                           English Common Law (Public Trust Doctrine). Case law further defined as "creek or river wide and deep enough for sea vessels to navigate
                           and without obstruction of navigation from mouth to ocean and the limit of whose waters not higher nor as high as the flowing of the
                           tides upon sea coasts is a navigable stream within general rule. Where the tide ebbs and flows between the high and low water is public
                           trust but may be subject to a direct special legislative grant (to the farthest influx of sea water).


                           Per NC statute "mean high water mark", also provides that land raised above high water mark as result of pier, etc. vests in property
                           owner. Also landowner may gain title to filled shorelines by 1) reclamation of eroded land 2) land raised within bounds of state
                           conveyance 3) land raised under lawful permit 4) land raised through deposit of spoil from state/fed navigation projects. Coastal area
                           Management Act of 1974 guides development and creates Coastal Resources Commission.


                           What provisions were enacted for existing structures or uses?


                           Statute claimed lands under navigable waters as of 1965. Lands filled and raised above mean high water between statehood and 1965
                           under permit would not be subject to public trust rights. Supreme Court voided deeds and grants issued by state on submerged lands.
                           Also General Permits for development in AEC (areas of environmental concern) prior to 3/1/78 are issued, provided they had legal permits
                           or had applied for legal permits and were accepted. If pending permits expired, regular CAMA permit required.


                           What is the state agency of department responsible for administering submerged lands regulation?


                           Coastal Resources Commission/ Department of Environment Health and Natural Resources Division of Coastal Management and Division


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                           ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES/ STATE LANDS DIVISION                                                        28









                                                                                                                                               SUBMERGED LANDS STUDY


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                            .............


                            of Marine Fisheries   (for ownership issues and public access rights).

                            What is the permit procedural path an applicant must follow.

                            File application and  fee. Public notice. Field Report and site inspection.

                            What are the basic   design performance standards for construction of tideland structures and uses?

                            Waters are classified according to suitable uses. National Pollution Discharge Elimination System permit required for discharging into
                            waters. Waters designated as "Outstanding Resource Waters" receive special protection. In these development within 575' of mean
                            highwater must meet low density requirements (25% built-upon area adjacent to "commercial" use waters & 30% adjacent to others.)
                            No new marinas in DRWs unless fewer than 30 slips, no boats larger than 2 1 ' and no boats with heads. Other standards set by local jurisdictions.

                            What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?

                            Site inspection at commencement. Notices of violation issued, cease and desist orders, civil penalties assessed, restoration may be
                            required.

                            How are needs for public access to the waters edge met? Are easements and or developer provision of public areas such as boat ramps
                            and parking required?

                            Beach Access Program uses funds to acquire lands to benefit public with priority given to land unsuitable for development. Include parking
                            areas, pedestrian access and walkways, restrooms and other public beach access support facilities.

                            Are their any growth management or limitation methods employed to address secondary and cumulative effects?

                            Mitigation policy in statutory authority. Benefit the public interest must outweigh long range adverse affects.

                            Are environmental assessment/impact statements before approvals? public comment? Mitigations of impacts?

                            Field report prepared by Department following site inspection. This report is circulated to various agencies, recommendations are made
                            and limitations may be imposed as conditions. Public comment yes, mitigation through planning, site selection, development standards
                            and creation/restoration of coastal resources.



                                                                                                                                                                        .........
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                            ALABAMA DEPARTMENT OF CONSERVA TION AND NATURAL RESOURCES / STATE LANDS DIVISION                                                                29









                                                                                                                                          SUBMERGED LANDS STUDY


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                           OHIO


                           How and when were Ohio boundaries for public tr ist lands delineated?


                           Since 1917. Claims title to public trust lands and waters of Lake Erie through Statehood (1803) based upon equal footing doctrine. Laws
                           of Ohio uses "natural shoreline" as delineation of upland ownership and submerged lands.


                           What provisions were enacted for existing structures or uses?


                           Environmental impact assessment requirement waived for "artificially filled areas" or "filled" portion of any area existing as of 3/15/89.


                           What is the state agency or department responsible for administering submerged lands regulations?


                           Apply with Army Corps of Engineers for any work in Lake Erie. Apply for Lakes Erie submerged lands lease. All other agencies are notified
                           of application. Submerged lands lease issued only with Corps of Engineers permit.


                           What are the basic design performance standards for construction of structures and uses?


                           No determination of the engineering quality of the project is made. Office of the Chief Engineer reviews shore erosion projects, but only
                           makes comments regarding the ability of the structure to protect shoreline.


                           What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?


                           Inspections done periodically; aerial photographs every 3 years for review.


                           How are needs for public access to the water's edge met? Are easements and/or developer provision of public acres such as boat ramps
                           and parking required?


                           Evaluation of present/prospective recreational uses. Provision for public access may be condition of lease depending on historic use
                           patterns and suitability of leased site for recreation uses. Lease is subject to public's right to navigation around structures; also must not
                           refuse "safe harbor refuge" to vessels.




                                                                             ..........
                             .............................
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                           ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES ISTATE LANDS DIVISION                                                              30








                                                                                                                                                                                                          SUBMERGED LANDS STUDY


                                                                                                                                                                                     . ....          ...


                                      Are there any growth management or limitation methods employed to address secondary and cumulative effects?


                                      Review of environmental impact assessment

                                      Are environmental assessment/impact statements required before approvals? public comment? mitigations of impacts?

                                      Yes, Yes. Any mitigations accepted by lesser do not reduce rent.



                                      PENNSYLVANIA


                                      How and when were Pennsylvania boundaries for public trust lands delineated?

                                      English monarchy to William Penn in 1681; patents from Penn then to land patents granted by Commonwealth Land Patent office.
                                      Navigable rivers and streams were held by Commonwealth. Smaller streams traditionally were conveyed to riparian property owners.
                                      Court action has declared some streams and lakes to be navigable and between 1771-1881, "public highways". All submerged lands
                                      ownership determined by normal low water. Bed of Lake Erie to the international boundary is also public.

                                      What provisions were enacted for existing structures or uses?

                                      All existing dams, water obstructions, encroachments which were licensed or permitted in compliance with previous regulations were
                                      grandfathered for construction and operating permit regulations. After 9/17/80 they are required to comply with operating, maintenance,
                                      monitoring regulations of the new regulation.

                                      What is the state agency or department responsible for administering submerged lands regulation?

                                      Department of Environmental Resources, Bureau of Dams and Waterway Management

                                      What is the permit procedural path an applicant must follow?

                                      Application - initial completeness review - must apply for submerged lands license agreement- proof of financial responsibility.

                                      What are the basic design performance standards for construction of structures and uses?


                                                                                                                                                                                                   .. . .. ...
                                                                                                                                                                                                   ...... ... ....
                                                                                                                                                                                      . ....................... .......
                                                                                                                                                                                   ...........        . ....   ..... . .... . . ...... .
                                                                                                                                                                                                                .......... . '. , ,
                                                                                                                                      ....          .........                                           ........ . ........... :: :X
                                                                                                                                                                                           ..................   ........... ..... .................

                                      A LA BA MA DEPA R TMENT OF CONSER VA TION A NO NA TURA L RESO URCES / S TA TE LA NDS DI VISION                                                                                                                31








                                                                                                                                        SUBMERGED LANDS STUDY


                          ... ............ .. ..  . . . ....
                                   .... X...           .          . .... ......
                                                                 ........ ... ...........                        ............
                          .................. ... ......           ..... .................


                          Varies according to type of structure. Dams are classified by size and hazard potential. Typical standards address structural soundness,
                          compliance with current engineering standards, safety considerations, environmental concerns.

                          What are thesurveillance and monitoring techniq@ --, employed to ensure compliance with state regulations?

                          Reports of inspections conducted by the permittee(!) are required at least annually (some every 3 months.) Certain reports must be
                          certified by a professional engineer. The DER cooperates with Fish and Boat Commission, Game Commission, Corps of Engineers, U.S.
                          Fish and Wildlife & U.S.EPA. CZM program conducts annual aerial monitoring. DER may require a permittee to conduct tests, studies,
                          analyses to evaluate safety or structure if reasonable use exists. These must be under supervision of engineer approved by DER and under
                          DER methods. Failure to provide can result in revocation of permit. DER can require owner to repair, alter or remove facility. If owner
                          refuses, DER can take corrective action and bill owner for expenses incurred.

                          How are needs for public access to the waters edge met? Are easements and/or developer provision of public areas such as boat ramps
                          and parking required?

                          Public access to waters edge is not considered in granting permits to riparian owners. Consideration is given to public rights interference
                          in public waters (such as navigation). Generally, no consideration of public access in water obstructions, etc. But one case involving a
                          conversion of an old facility to a use not normally permitted required public access as compensation for loss of public trust lands for a
                          use inconsistent with the public trust.

                          Are there any growth management or limitation methods employed to address secondary and cumulative impacts.

                          Secondary impacts are assessed during initial review, also cumulative impacts. No growth management or limitation per se.

                          Are environmental assessment/impact statements required before approvals? public comment? mitigation of impacts?

                          A detailed impacts analysis is required as part of application; also stormwater management analysis, floodplain management analysis, risk
                          assessment, if applicable. A detailed analysis of alternative locations and minimized adverse effects is required. Mitigation plan required.
                          Public comments solicited via public notice.


                          RHODE ISLAND


                          How and when were Rhode Island boundaries for public trust lands delineated?



                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCESI STATE LANDS DIVISION                                                             32








                                                                                                                                        SUBMERGED LANDS STUDY


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                                                                 .........                                                        . . ...
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                          Landward boundary of sea is mean high water mark along coast.


                          Enabling legislation 1971 created Coastal Resource@ I "anagement Council. Jurisdiction of CRMC is from 3 miles offshore to 200' inland
                          from any coastal feature. Any natural features ha@      xtended contiguous area of 200' from inland borders..Six types of water areas are
                          defined and separate policies exist for each.


                          Type   IConservation Areas - primary policy to preserve and protect
                          Type 2 - Low intensity Use - maintain and restore high scenic value, provide low-intensity usage.
                          Type   3- high-intensity boating - preserve, protect and enhance
                          Type 4 - Multipurpose Waters - maintain a balance among diverse activities
                          Type   5- commercial and recreational harbors - maintain balance, promote efficient use of space, protect scenic characteristics
                          Type 6 - Industrial waterfronts and commercial navigation channels -
                          encourage and support modernization and increased commercial activity.


                          What provisions were enacted for existing structures or uses?


                          Type 1 - ultimate goal to remove and restore, but pre-existing residential boating facilities permitted under limited terms.
                          Type 2 - Pre-existing marinas allowed to continue within approved marina perimeters and reviewed for standards. Must submit application
                          by 8/31/93. Will not be required to meet their capacities as 1/81.
                          Residential boating facilities ok if no significant adverse affect to coastal resources water dependent use or public use (adverse impacts
                          specified) expansion prohibited.


                          What is the state agency or department responsible for administering submerged lands regulation?


                          Coastal Resources Management Commission


                          What is the procedural path an applicant must follow?


                          File application, meet goals and standards pertaining to areas and activities, meet buffer zone and setback requirements, certify compliance
                          with state and local statutes, ordinances, etc. Obtain local permit - obtain state permit- submit preliminary determination form- submit
                          application to CRMC (includes engineering drawings, copies of state and local permits, proof of ownership, fee)


                          What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?


                                 -005

                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES                       STATE LANDS DIVISION                                       33








                                                                                                                                       SUBMERGED LANDS STUDY


                              .. .........................


                         Field personnel from Division of Coastal Resources and Fish and Wildlife monitor. Council can issue cease and desist orders and restoration
                         orders. Division of Enforcement of Department of Environmental Management enforces. Misdemeanor conviction can be obtained carrying
                         fine of up to $300 or imprisonment up to 3 month--       joth. Each violation day is separate offense.


                         How are needs for public access to the water's edgt@ iet? Are easements and /or developer provision of public areas such as boat ramps
                         and parking required?


                         If significant interference with public use and enjoyment is found during review process, the Council can modify or prohibit activity.
                         Protection of existing facilities from interference by other uses, identify sites for new ramps or parking.


                         Are environmental assessment/impact statements required before approvals? public comment? Mitigation of impacts?


                         Built into program; yes public notice, yes mitigate, especially concerned with controlling runoff.


                         What are the basic design /performance standards for construction of structures and uses?


                         Setback not less than 50' from inland boundary of the coastal feature, except in critical erosion area where the setback depth no less than
                         30 times calculated average annual erosion rate for less than 4 dwelling units, 60 x for more than 4. Fill slope maximum grade of 30%;
                         removal of excess or debris materials; restabilization of adjacent sites; no polluting materials; commercial or industrial docks, wharves,
                         piers.


                         In meeting goals and standards may include: demonstrating need, demonstrating all ordinances, codes, and environmental considerations
                         have been met. etc.


                         Must be certified & designed by RPE. Mitigate surface runoff impact; restricted excavation and grading, etc.




                         PUERTO RICO


                         How and when were Puerto Rico boundaries for public trust lands delineated?


                         June 20, 1972 law created Department of Natural Resources which became effective January 2, 1973. Dock and Harbor Act of Puerto


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                         ..........                               .......
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                         ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES ISTATE LANDS DIVISION                                                            34








                                                                                                                                        SUBMERGED LANDS STUDY


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                          Rico of 1948 established "terrestrial maritime zone" as space touched by ebb and flow of sea,    where tides are noticeable. Includes lands
                          recovered from sea and river borders up to navigability. "Port zone" means part of the maritime zone and adjacent lands to a port
                          delineated as harbor zones. Harbor zones limited tf    gh regulation approved by Administrator of EDA following public hearing. P. R. Ports
                          Authority regulates. Public trust lands include terr
                                                                                 .1 waters to.1 0.35 nautical miles, submerged lands under them, and maritime (inter-
                          tidal) zone. As first described in Spanish Law of       3 enacted in 1880.


                          What provisions were enacted for existing structures or uses?


                          None. Regulations require inventory of existing structures, every owner or occupant must file for a new authorization.


                          What is the state agency or department responsible for administering submerged lands regulation?


                          DNR - territorial submerged maritime; Ports Authority - defined port zones as provided in 1968 Ports Law.


                          What is the permit procedural path an applicant must follow?


                          Varies with proposed activity


                          What are the basic design/performance standards for construction of structure and uses?


                          Structures approved by Permits and Regulations Administration must satisfy construction code requirements.


                          What are the surveillance and monitoring techniques employed to ensure compliance with tidelands regulations?


                          Natural Resources Ranger Corps (7/77) patrols with special attention to coastal zone (1 krn inland form shoreline); rangers issue citations
                          for violation of the laws and regulations in coastal or floodable zones.


                          How are needs for public access to the waters edge met? Are easements and/or developer provision of public areas such as boat ramps
                          and parking required?


                          Concept of riparian rights different in P.R.: Streams are considered public waters; easement 5 meters wide on either side of stream. Public
                          access to the shore provided. A plan is being developed as a coastal management task. DNR provides ramps and fishing piers under
                          program for sport fishing restoration.


                                                                                      ...   .. ...


                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCESI STATE LANDS DIVISION                                                            35








                                                                                                                                       SUBMERGED LANDS STUDY


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                                                                                                                           .. ....                 ...


                          Are any growth management or limitation methods employed to address secondary and cumulative effects?


                          Few municipalities have zoning districts. All major     nges in land use must be reviewed and cleared by the Planning Board. Cumulative
                          and secondary impacts are under consideration @;       omponent of project review.


                          Are environmental assessment/impact statements required before approvals? public comment opportunities offered? Mitigations of
                          impacts?


                          Required of prospective developers - mitigation of natural hazards may be required as a result of hazard mitigation plans prepared by the
                          Natural Hazards Program in DNR


                          SAN FRANCISCO, CALIFORNIA


                          How and when were San Francisco's boundaries for public trust lands delineated?


                          What provisions were enacted for existing structures or uses?


                          Grandfathers certain projects that had progressed substantially prior to the Commission's jurisdiction. Also, a provision for continuing
                          existing uses with no substantial changes made except in accordance with new regulations.


                          What is the state agency or department responsible for administering submerged lands regulation?


                          State Lands Commission, San Francisco Bay Conservation and Development Commission has broad planning and regulatory authority.
                          Also the California Coastal Commission.


                          What is the procedural path an applicant must follow?


                          Apply - public notice - obtain all other necessary permits.


                          What are the basic design/performance standards for construction of structures and uses?


                          Use policies specific to type of activity. Design should include visual public access.





                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES / STATE LANDS DIVISION                                                         36








                                                                                                                                       SUBMERGED LANDS STUDY


                                           .... ...........                                                                      .. ...             ...     ..
                                                                                                                ............


                          How are needs for public access to the waters edge met? Are easements and/or developer provision of public areas such as boat ramps
                          and parking required?


                          Application requires info regarding access by pu;,       quires pedestrian access to and along shoreline and beaches unless inconsistent
                          with public safety or conflicts with use. Whe@          Ac access is conditioned, the access is permanent guaranteed via easements.
                          Walkways, etc, should connect with public thorougit,are.


                          Are their any growth management or limitation meOmWe employed to address secondary and cumulative effects?


                          Growth and limitation handled via the Plan which has policies specific to allowed uses.


                          Are environmental assessment/impact statements required before approvals? public allowed opportunity to comment? Mitigations of
                          impacts?


                          Environmental Determination Report and EIS for major project; only environmental determination for minor project or improvement. Yes
                          on public comment.


                          SOUTH CAROLINA


                          How and when were South Carolina boundaries for public trust lands delineated?


                          English Common Law, which states that lands between ordinary high water mark and low water mark belong commonly to the sake for
                          public use. Various legal challenge have been made and customarily the courts have upheld state ownership except increases where
                          specific reference to the "low water mark" as a boundary was given (?).


                          What provisions were enacted for existing structures or uses?


                          Grandfathered preexisting structures and uses as of 1977 if use remains unchanged and structure remains in place. Reconstruction
                          beyond normal maintenance allowed structures damaged beyond repair must be removed if non conforming to present regulations. Allows
                          1 yr for repairs to be completed.


                          What is the state agency or department responsible for administering submerged lands regulation?




                                               .............. ......
                                                ...........


                          ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                       37








                                                                                                                                        SUBMERGED LANDS STUDY


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                                                                                                                                            ..................


                          S.C. Coastal Council in tidal lands below mean high water; state budget and Control board in nontidal areas for lands below ordinary high
                          water.


                          What is the procedural path an applicant must fr-


                          Complete application; pay fee; certified copy of plat delineating location on the baseline and setback lines on subject property; drawings,
                          location map; plan view; public notice; affidavit of ownership control.


                          What are the basic design /performance standards for construction of tidelands structures and uses?
                          Varies according to type of structures


                          What are the surveillance and monitoring techniques employed to ensure compliance with state tidelands regulations?


                          Nine Field biologists serve as permit review and enforcement officers. Also Enforcement Chief oversees civil criminal penalties, restoration
                          orders, and court actions. Council prosecutes cases with legal staff and appointed hearing officers. Land Water and air surveillance
                          monitored (entire area monitored by air twice a month) Uses staff monitoring and citizen reports (toll free #) Also has PSA;s other
                          advertising and a volunteer program to encourage and facilitate public support and assistance in reporting violations. Site visits are made
                          prior to construction and a compliance site visit following construction.

                          How are needs for public access to the waters edge met? Are easement and/or developer provision of public areas such as boat ramps
                          and parking required?


                          Not required for private projects. Mitigation for impacts fresh or salt water wetlands or marsh could include development and deeding
                          of a public access /structure. 1990 Beach Management Act requires that public access be considered for many developments in
                          beachfront areas of jurisdiction.


                          Are there any growth management or limitation methods employed to address secondary and cumulative effects?

                          Yes, contained in Developers Handbook. Also have dock management policies and permits which include subdivided property, corridor
                          plans, standard length and definitions of waterfront property.


                          Are environmental assessment/ impact statements required before approvals? public comment? Mitigations of impacts?
                          Applications subject to 30 day public notice.


                                                                                                                                                    ........... ::O@


                          ALABAMA DEPARTMEIVT OF CONSERVATION AND NATURAL RESOURCES / STATE LANDS DIVISION                                                          38









                                                                                                                                            SUBMERGED LANDS STUDY


                                                            .......................... .....                                      ...........
                                                                           ..... ...............................................
                                                                      . ............ ................................................ ..... *,*",:::::.:".:::...-..,.:::"::.........;.;".:.;.:....:..:.; ...... .... ................I.......................


                          TENNESSEE VALLEY AUTHORITY


                          How and when were the TVA boundaries for public trust lands delineated?


                          The Tennessee Valley Authority Act of 1933 as amended is the legislative action which              encompasses the Tennessee River and its
                          tributaries and the Tennessee River Valley and surrounding area.


                          What provisions were enacted for existing structures or uses?


                          If an existing structure is ever substantially damaged, it may not be repaired or replaced without written approval.


                          What is the agency or department responsible for administering submerged lands regulation?


                          TVA, Division of Land and Forest Resources


                          What is the procedural path an applicant must follow?


                          Apply on joint TVA/Corps application showing plans, location, operating plan, ownership interest. Submit water quality discharge permit
                          or statement.


                          What are basic design performance standards for construction of structures and uses?


                          Varies by structure or activity.


                          What are the surveillance and monitoring techniques employed to ensure compliance with regulations?


                          Routine inspections. Written notice of violation. Restoration or modification may be required. Legal action may be taken.

                          Are there any growth management or limitation methods employed to address secondary and cumulative effects?


                          Cumulative effects addressed for specific areas.

                          Are environmental assess ment/impact statements required before approvals? public comment opportunities? Mitigation of impacts?


                                                                                                                                                                   . ...........

                          ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES1 STATE LANDS DIVISION                                                              39









                                                                                                                                                                                                                                  SUBMERGED LANDS STUDY


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                                                    .... ..........I....................                         ................................                                            ...... ............. ......... %:::'---:---'-:::: . ..... ...................
                                                                                                                         .....................
                                                                                                                                ..........


                                           Yes, a report of anticipated effects. Uses on public comments considered.


                                           VIRGINIA


                                           How and when were Virginia boundaries for public trust lands delineated?


                                           Derived from English Common Law. Vegetated wetlands means land lying between and contiguous to mean low water and an elevation
                                           above mean low water 1.5 times the mean tide range at site (where specified vegetation grows). Nonvegetated wetlands means land
                                           lying contiguous to mean low water and between mean low water and mean high water.


                                           Are there any provisions for existing structures or uses?
                                           No.


                                           What is the procedural path an applicant must follow.


                                           File application, public inspection, public hearing, must be a project which is consistent with preapproved use. Surety bond may be
                                           required.


                                           What are the basic design performance standards for construction of structures and uses?


                                           Contained within application packet-- specific to uses


                                           What are the surveillance and monitoring techniques employed to ensure compliance with state tidelands regulations?

                                           Site inspections with prior notification. If violation written notice to comply. If not cease and desist order. Sworn complaint if substantial
                                           violation may cause order to restore. Bond or letter of credit may be required to secure. Courts have power to enforce.

                                           How are needs for public access to the waters edge met? Are easements and developer provision of public areas (such as boat ramps
                                           and parking) required?

                                           Not addressed in Wetlands Act, subaqueous lands regulations or State Coastal Primary Sand Dune Protection Act. Opportunities for public
                                           access are identified by Department of Conservation and Recreation.




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                                           ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                                                                       STA TE LANDS DIVISION                                                                             40








                                                                                                                                                                                                          SUBMERGED LANDS STUDY


                                                                          ..........I........ *- ... .....                                                                                           . ................... ..
                                                                                                                                           ................. ........                     ......                                            .. ................
                                                                                                     . .............                                                                                          ..........*...........


                                     Are there any growth management or limitation methods employed to address secondary and cumulative effects?

                                     Virginia Institute of Marine Science of College of William & Mary serves as environmental review team. They analyze all projects for
                                     potential impacts, including secondary and cumulative.


                                     Are environmental assessment/impact statements required before approvals? public comment? Mitigations of impacts?

                                     Required level of environmental documentation is evaluated and identified in review process. Public comment and hearings for major
                                     projects Mitigation may be required base of Virginia's review.


                                     VIRGIN ISLANDS


                                     How and when were the Virgin Islands boundaries for public trust lands delineated?


                                     Virgin Islands Code - Open Shorelines Act 6/3/7 1. Also 'Coastal Zone Management Act, October, 1978. Open Shorelines defined as along
                                     the coastlines from the seaward line of low tide, inland 50% or to extreme seaward boundary of natural vegetation spreading continuously
                                     inland; or to a natural barrier; whichever is shortest distance. Whether filled or dredged, boundary remains at line of vegetation. Coastal
                                     Zone means land and water areas to outer limits of territorial sea.


                                     What provisions were enacted for existing structures or uses?


                                     No abridgement of vested rights prior to effective date (1978). No requirement to secure approval for development if all required permits
                                     were obtained and construction has begun. Some cases were required to submit sworn affidavits that structure was in place prior to
                                     enactment.


                                     What is the state agency or department responsible for administering submerged lands regulation?


                                     Department of Planning and Natural Resources


                                     What is the procedural path an applicant must follow?


                                     File application, demonstrate legal interest in property, classification of project as major/minor, Environmental Assessment Report (if major)
                                     drawings, maps, project summary, fee, public notice.


                                                                                                                  ...........
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                                     ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                                                                                            41









                                                                                                                                       SUBMERGED LANDS STUDY


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                         What are the surveillance and monitoring techniques employed to ensure compliance with state regulations?

                         Enforcement officers and environmental specialists patrol regularly. Random inspections conducted weekly. Developers can be shut down
                         at any time for non-compliance. Application provision allows preliminary site inspection and monitoring.

                         How are needs for public access to the waters edge met? Are easement and or developer provision of public areas such as boat ramps
                         and parking required?

                         Beach developments and hotels and in most cases, deed a 20' easement (perpendicular accessway) for public use. Developers of PUD's
                         required to reserve 40% for recreation and common open space. Open Shorelines Act guarantees access to water's edge and 50' inland
                         from low tide line. Plans are to recapture access via eminent domain, easements, dedication.

                         Are there any growth management or limitation methods employed to address secondary and cumulative effects?

                         Territorial Pollution Control Act 1972 - water quality; permits under Territorial Pollutant Discharge Elimination System regulate discharge
                         of pollutants; ambient monitoring program conducts regular waterbody monitoring. Earth change permits are issued for property clearing.
                         An inspection is conducted.

                         Are environmental assess ment/impact statements required before approvals? public comment? mitigations of impacts?

                         Yes, for major projects, Yes mitigation plans must be in place before CZM will issue a permit.

                         WASHINGTON


                         How and when were Washington boundaries for public trust lands delineated?

                         Public trust doctrine and equal footing doctrine - navigable waters up to mean    high tide on ocean and mean high water mark on fresh
                         waters. Washington's shoreline Management Act of 1971 defined management of shorelines including lakes over 20 acres, streams with
                         mean annual flow over 20 cu ft per second, all marine waters, marshes, bogs and swamps associated with lakes streams and marine
                         waters; and 200' wide shoreline landward from waters edge.





                         ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                      42








                                                                                                                                          SUBM   ERGED LANDS STUDY


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                            .. .................. . ....... .



                          What provisions were enacted for existing structure or uses?


                          Grants consent to "impairment" of public rights of navigation and "corollary rights" caused by existing structure provided that these
                          structures do not trespass or violate state statues and retaining states right to suppress or abate nuisances or pollution.


                          Preexisting structures grandf athered except if unlawful activity, unreasonable dormancy between project inception and SMA, not complete
                          within 2 years after effective date of SMA. Nonconforming development may be continued if not enlarged or altered in any way that
                          increases its nonconformity. If damaged not more than 75% replacement cost, it may be reconstructed to original configurations within
                          1 year of damage. If use discontinued for 12 consecutive months or for 12 months during a 2 year period, subsequent use must conform.


                          What is the state agency of department responsible for administering submerged lands regulation?


                          Department of Ecology administers SMA via shoreline Master Programs adopted by local jurisdictions.


                          What is the procedural path an applicant must follow?


                          Application reviewed for consistency with local shoreline master program, SMA and other laws. System varies according to local program.
                          Basically application made locally, then receive final approval from Department of Ecology. Application, affidavit of public notice, site plan,
                          vicinity maps, permit, final order must be filed with Department of Ecology and Attorney General within 8 days of local government final
                          action. Also when applicable documents required by SEPA.


                          What are the basic design performance standards for construction of structures and uses?


                          Height limitation of 35' above average grade level on shorelines except where a master program does not prohibit and then only when
                          overriding considerations of public interest will be served.


                          What are the surveillance and monitoring techniques employed to ensure compliance with state tidelands regulations?

                          Enforcement may include cease and desist order, civil or criminal penalties, orders to take corrective action, and permit rescission.

                          How are needs for public access to the water's edge met? Are easements and/or developer provision of public areas such as boat ramps
                          and parking required?




                          ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                          43








                                                                                                                                      SUBMERGED LANDS STUDY


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                         Preferred use system. SMA established public access and recreation uses as high priority permits are conditioned to require public access.
                         Provide standard public access signs.


                         Are they any growth management or limitation methods employed to address secondary and cumulative?


                         Growth Management Act requires local governments to identify natural resources lands and critical areas. Protection of critical areas
                         (wetlands, fish and wildlife habitat, etc.) is required. Counties are required to prepared and adopt comprehensive plans and development
                         regulations. Cities must also do so.


                         Are environmental assess ment/imp act statement before approvals? public comment? Mitigations of impacts?

                         Must comply with SEPA - public notice - mitigation may be made via "in lieu" of payments. State provides minimal guidelines. local
                         jurisdictions adopt individual policies & procedures.

































                                                                   . ............................                                                    ... ...... ....... ....
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                        ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES1 STATE LANDS DIVISION                                                         44








                                                                                                                                                                                                                                                             SUBMERGED LANDS STUDY





                                                 .. . . ......
                                                                                                                                                                                                                                                                                   GROWTH
                                                                           ENCY             BOUNDARIES                            PRE-EXISTING                       PROCEDURES?                    STANDARDS?                      MONITORING?                 PUBLIC                               FEES?
                                                                         AG
                                                                                                                                                                                                                                                                ACCESS?            MNGMNT
                                                                                            DELINEATED?                           STRUCTURES/ USES?



                                                   ALASKA                DNR,               Submerged Lands Act of                'Preference right"                 File application               Development plans are           Inspected
                                                                         Division of        6122163. All I"s                      grandfathers occupied              w/faa, complete                reviewed for siting,            regularly, attempt
                                                                         Land. In           permanently or periodically           land or development on             project questionnaire,         design and                      to bring violations
                                                                         soma               covered by tidal waters up            or before date of                  provide development            performance. Require            into compliance.
                                                                         legislatively      to but not above the fine of          Statehood. Basically, if           plan, proof of                 a bond to be posted             No citation
                                                                         designated         mean high tide and seaward            State determines use to            financial                      for development or              authority hampers
                                                                         areas              to a line 3 geographical              be in public interest, the         responsibility,                alteration.                     ability to ensure
                                                                         critical           miles from the coast                  applicant is allowed to            ownership                                                      compliance - must
                                                                         habitat,           owned by the State.                   lease the occupied area            verification and                                               resort to lengthy
                                                                         game                                                     at fair market value.              current uses,                                                  civil court
                                                                         refuge)                                                                                     determination of                                               procedures.
                                                                         cooperate                                                                                   potential
                                                                         with                                                                                        environmental risks.
                                                                         Department
                                                                         f Fish and
                                                                         Game.






































                                                                                                    X,

                                               A LA BA MA DEPA R TMEN T OF C ONSER VA TION A ND NA TURA L RES 0 UR CES                                                                             S TA TE L A ND S DI VISION                                                                                   45








                                                                                                                                                                                                                                                                   SUBMERGED LANDS STUDY


                                                                                                                                                                                                                                                                                                                 ...............
                                                                                                                                                                                                                                                                                        .............




                                                     California            State Lands        At Statehood 1860,                      Not specifically                                                   None at this time.               Required by
                                                                           Commission.        tidelands submerged        lands        addressed in statute.               Generally - notice             Surety bonds required.           statute.
                                                                           Soma cases         beds of navigable                       Existing facilities may be          filed with                     Special provisions               Monitoring
                                                                           to local gov.      waterways. Tidelands                    exempted from                       Commission;                    including systems                programs are
                                                                           entities with      delineated as between                   environmental review in             commission sands               safety review, may be            stipulated in lease
                                                                           commission         ordinary high and ordinary              limited circumstances.              application to                 added, usually when              for all impacts
                                                                           retaining          low tide. Submerged lands                                                   applicant if project     is    use of hazardous/toxic           identified in
                                                                           oversight.         below ordinary low water                                                    appropriate use.               materials involved or            environmental
                                                                           AJso'              line. Boundaries often                                                      When application is            me is inherently                 review.
                                                                           California         based on last natural                                                       complete, timefrarnes          dangerous. There are             Refundable
                                                                           Coastal            conditions.                                                                 begin - 1 yr if                detailed standards for           deposit required to
                                                                           Commission                                                                                     environment impact             oil and gas                      ensure
                                                                           w/1'urisdictio                                                                                 report required, 6             development activities.          construction
                                                                           n in coastal                                                                                   mos if not. After                                               compliance and
                                                                           zone, San                                                                                      environmental                                                   applicants pays
                                                                           Francisco                                                                                      review, lease is                                                cost of
                                                                           say                                                                                            negotiated and                                                  staff/consultant to
                                                                           Conservatio                                                                                    recommended to                                                  do actual site
                                                                           n and                                                                                          Commission for                                                  monitoring.
                                                                           Davalopmen                                                                                     action.
                                                                           t
                                                                           Commission                                                                                     Application includes
                                                                           for the bay                                                                                    proof of interest in
                                                                           and                                                                                            property (ownership)
                                                                           waterward                                                                                      assessors parcel
                                                                           from line of                                                                                   map, local approval,
                                                                           highest tidal                                                                                  notice to adjacent
                                                                           action                                                                                         property owners
                                                                           Department                                                                                     vicinity map, project
                                                                           of Fish and                                                                                    plans, written
                                                                           Game,                                                                                          evidence of approval
                                                                           Water                                                                                          from Health Dept if
                                                                           Resources                                                                                      well or septic tank
                                                                           Control                                                                                        required, copy of
                                                                           Board and                                                                                      required
                                                                           Regional                                                                                       environmental
                                                                           Water                                                                                          documents,
                                                                           Quality                                                                                        verification of all
                                                                           Control                                                                                        permits and
                                                                           Boards;      all                                                                               approvals from public
                                                                           have                                                                                           agencies, site-
                                                                           regulatory                                                                                     specific geology and
                                                                           authority in                                                                                   soils report if site of
                                                                           specific                                                                                       high geologic risk,
                                                                           areas.                                                                                         filing fee, public
                                                                                                                                                                          notice.






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                                               ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES ISTATE LANDS DIVISION                                                                                                                                                                                         46








                                                                                                                                                                                                                                                   SUBMERGED LANDS STUDY


                                                                                                                                                                                                                   %:                                ................ ......




                                                 Connecticut          Department         Public trust cloctrine- lands       Unknown                           Application with             Must comply with                Rely heavily on
                                                                      of                 below high tide line of all                                           usual info, review for       policies and standards          citizen complaints.
                                                                      Environment        navigable waters. Also                                                consistency with             of 14 identified coastal        Permit compliance
                                                                      al                 Connecticut Coastal                                                   coastal policies and         resource categories,            is monitored.
                                                                      Protection,        Management Act of 1979                                                guidelines,                  which specify                   Enforcement
                                                                      Division of        established Coastal                                                   determination of             approved land uses.             actions include
                                                                      Coastal            Management Program.                                                   adverse impacts   and                                        penalties halting
                                                                      Resour:es                                                                                modification or                                              construction,
                                                                      Manag men          Landward, the coastal                                                 mitigation, written                                          removal or
                                                                      t                  boundary extends to 100'                                              certifications from                                          corrective actions
                                                                                         setback from inland                                                   Comm that no                                                 or restoration.
                                                                                         boundary of tidal wetlands   a                                        conflicts exist and
                                                                                         '000' setback from mean                                               measured to minimize
                                                                                         high water, or inland limit of                                        impact have been
                                                                                         the 100 yr coastal flood                                              taken.
                                                                                         zone, whichever is farthest
                                                                                         inland. Seaward boundary
                                                                                         determined by state's
                                                                                         jurisdiction into Long Island
                                                                                         Sound.



                                                 DELAWARE             DNR's,             Three mile limit recognized         No legal provisions.              File application,            Spelled out in Section          Environmental
                                                                      Division of        in Atlantic Ocean.                  Administratively, existing        location map, scaled         3.02 of drafted                 Scientist
                                                                      Water              Boundary between                    structures prior to 1969          drawing of proposed          regulations (not yet            coordinates
                                                                      Resources,         Delaware ad Now Jersey              do not require a lease            activity, certified          adopted).                       uniformed
                                                                      specifically       determined by survey at             until modified beyond its         copy of deed and                                             enforcement
                                                                      wetlands           statehood. In other tidal           original dimension.               survey or written                                            officers and
                                                                      and Aquatic        areas state owned to mean                                             permission from                                              marine police.
                                                                      Protection         low water line and in non-                                            owner.                                                       Routine aerial
                                                                      Branch.            tidal ownership determined                                                                                                         surveillance prose
                                                                                         case by case from deeds.                                                                                                           most beneficial.
                                                                                         Subaqueous Lands Act of
                                                                                         1969, and amended by
                                                                                         statute 1906.




















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                                            ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES1 STATE LANDS DIVISION                                                                                                                                                                        47








                                                                                                                                                                                                                                                                          SUBMERGED LANDS STUDY


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                                                     FLORIDA               DNR:                 Set forth in state                       grandfathered structures             Application (Joint               Limited criteria                 Compliance
                                                                           Division of          constitution and Florida                 lap submitted to                     w/Corps. DER, DNR,               primarily related to             checks done 1
                                                                           State Lands,         Administrative Code (most                Department prior to                  WMD reviewed for                 size. Activities limited         year after lease
                                                                           Bureau of            recently 3/27/82                         9130/84 will be brought              type of activity &               to water-dependent               authorization prior
                                                                           Submerged                                                     under lease as of 1/198              completeness. Site               uses unless in public            to renewal. May
                                                                           Lands and                                                     or before. Unregistered              inspection; public               interest to allow                be done at mid-
                                                                           Preserves as                                                  grandfathered structures             notice; meeting to               exception. Stilt house           term (2 to 3
                                                                           staff to                                                      (revenue generating                  discuss                          residential boathouses           years) but not
                                                                           Board of                                                      structure built before               modifications,                   prohibited. Road                 priority. Local
                                                                           Trustees       of                                             3110/70 or non revenue               mitigations,                     access to islands not            resolutions
                                                                           Internal                                                      generating built before              etc.;Applications                previously existing              attempted first.
                                                                           Improvemen                                                    3/27/82 will be brought              includes all the usual           prohibited. Dock sizes
                                                                           t Trust Fund                                                  under lease on 4/l/91 or             elements plus                    depend on shoreline
                                                                           (Governor                                                     earlier if sold, altered by          statement for                    ownership (10:1 rule) -
                                                                           and Cabinet)                                                  more than 6096 or                    proposed erosion                 may we 10 sq. It of
                                                                                                                                         altered without                      (turbidity)                      submerged land to
                                                                                                                                         authorization.                       sedimentation                    every linear foot of
                                                                                                                                                                              controls. Also                   shoreline owned. May
                                                                                                                                                                              description of                   not extend into water
                                                                                                                                                                              construction                     more than 26% of
                                                                                                                                                                              techniques and                   width of water at site
                                                                                                                                                                              sequences,                       liens. Setback 26
                                                                                                                                                                              st:bilizations                   from either side of
                                                                                                                                                                              m thods, source and              riparian lines. Tips for
                                                                                                                                                                              type of fill material,           Dock Construction
                                                                                                                                                                              serial photographs               made available as
                                                                                                                                                                              :
                                                                                                                                                                              hewing current                   recommendations.
                                                                                                                                                                              onditions.





























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                                                ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                                                                                                 STA TE LANDS DIVISION                                                                                             48








                                                                                                                                                                                                                                                                                    SUBMERGED LANDS STUDY


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                                                       GUAM                   Bureau of             Seashore Protection Act of                See above.                            Apply, public hearing,                                               Unable to                     This is
                                                                              Planning              1974 defines 'seashore                    Grandfathers everything               review for federal                                                   ascertain.      There         addressed
                                                                              administers           reserve* as land and water                for which building permit             consistency,                                                         is a restoration              in the
                                                                              coastal               seaward to the 10 fathom                  was issued prior to                   performance bond.                                                    provision in                  Seashore
                                                                              managamen             contour, except villages                  effective date, provided              Guam EPA issues                                                      Wetlands Rules                Protection
                                                                              t program.            where residences                          no substantial changes                Water Quality                                                        and Regulations.              Act as a
                                                                              Seashore              constructed along shoreline               (not in accordance w)                 Certificate and                                                                                    provision of
                                                                              planning act          prior to Act's effective date,            new requirements) are                 requires                                                                                           the
                                                                              created the           and inland to the nearer of:              made.                                 Environmental                                                                                      Seashore
                                                                              Territorial           from mean high water for a                                                      Protection Plan.                                                                                   Reserve
                                                                              Seashore              horizontal distance of 10                                                       Clearance may be                                                                                   Plan;
                                                                              Protection            maters or from mean high                                                        required from Historic                                                                             however,
                                                                              Commission            water to the inland edge of                                                     Preservation Officer.                                                                              we have no
                                                                              to prescribe          the nearest public ROW.                                                         Also a series of land                                                                              copy of this
                                                                              plan for                                                                                              use and building                                                                                   plan.
                                                                              permitting                                                                                            permits required from
                                                                              and                                                                                                   Territorial Land Use
                                                                              regulation.                                                                                           Commission, the
                                                                                                                                                                                    Development Review
                                                                                                                                                                                    Committee, and
                                                                                                                                                                                    Department of Public
                                                                                                                                                                                    Works



                                                       ILUNOIS                Dept. of              Navigable lakes an streams                Joint app with Corps of               Landfills and private              Inspections during                Inspections during            Permits
                                                                              Transportati          at statehood (18 181 plus                 Engineers and IEPA.                   reclamation                        construction.                     construction.                 conditioned
                                                                              on, Division          waterways created and                     Must have Corps 404 or                prohibited.                        Hydrographic surveys              Hydrographic                  to provide
                                                                              of Water              dedicated to public me.                   Section 10 permit, a                  STandards for                      may be required to                surveys may be                public
                                                                              Resources             Original surveys terminated               state (ivers,lakes, and               dredging and filling               monitor sufficiency of            required to                   access . To
                                                                              Bureau of             a margin of lakes and                     streams permit and state              require material                   beach nourishment     to          monitor                       facilitate
                                                                              Resource              streams show by fractional                water quality                         analysis                           prevent erosion.                  sufficiency     of            public
                                                                              Managemen             sections and meander lines                certification. Review by              If initial review                  Periodic aerial                   beach                         access and
                                                                              t.                    (natural boundaries affected              Fish and Wildlife. Permit             shows possibility of               photography.                      nourishment to                use, public
                                                                                                    by erosion, accretion)                    is a revokable license.               negative impacts,                                                    prevent erosion.              agencies
                                                                                                    Draining and reclamation                                                        impact analysis &                                                    Periodic aerial               are
                                                                                                    became prohibited in 19 11.                                                     mitigation plans are                                                 photography.                  authorized
                                                                                                                                                                                    required. Public                                                                                   to place
                                                                                                                                                                                    notice.                                                                                            landfills Rl
                                                                                                                                                                                                                                                                                       to develop
                                                                                                                                                                                                                                                                                       parks ,
                                                                                                                                                                                                                                                                                       public
                                                                                                                                                                                                                                                                                       beaches,
                                                                                                                                                                                                                                                                                       and
                                                                                                                                                                                                                                                                                       recreational
                                                                                                                                                                                                                                                                                       or
                                                                                                                                                                                                                                                                                       commercial
                                                                                                                                                                                                                                                                                       harbors.





                                                                                                                                                                                                                       X"'

                                                 ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                                                                                                       STA TE LANDS DIVISION                                                                                                 49








                                                                                                                                                                                                                                                             SUBMERGED LANDS STUDY


                                                                                                                                                                                                                                                                                                       ...................
                                                 ..........
                                                                                                 .. . .... .                                                                                                                                                                                               .. ..... ....


                                                   LOtASIANA           State Land          In 181-2 (Statehood) "Equal            None - & this has caused           Written notification          Reclaimed land must              Review permit              Drainage,           In
                                                                       Office under        Footing Doctrine" State                problems                           to commissioner of            be raised to minimum             applications               public              evaluation
                                                                       Depart of           gained title to all naturally                                             Div. of Adm apply to          height of 6' above               submitted to other         navigation,,        of
                                                                       Administrati        navigable bodies of w ter.                                                parish governing              mean high water and              agencies, routine          fisheries in        complianc
                                                                       on)                 Marsh1swamplands w:ra                                                     authority, apply to           stabilized along newly           spot inspections;          surrounding         a with
                                                                       responsible         patented to private                                                       Corps of 'Engineers,          created bank or shore            encourage public           area not to         'Coastal
                                                                       for titling         companiestindividuals                                                     publish notice in             by masonry, concrete             participation in           be                  Use
                                                                       and                 (except for navigable                                                     official parish journal,      mats, raprap, sheet              monitoring public          impeded.            Guidelines
                                                                       managing,           waterbottoms@ Validity of                                                 pay fees,                     piling bulkheads or              lands. Other               Public              . as
                                                                       except for          patents has been                                                                                        similar                          regulatory                 access shall        administer
                                                                       mineral             questioned since Phillips                                                 Application must                                               agencies have              not be died         ad by
                                                                       leasing,            decision in Mississippi, but                                              include certified copy        'structures (wharves,            field inspectors.          unless it           DNR at
                                                                       ROW;t;,             upheld to date. State                                                     of deed or certified          piers) are assessed                                         unreasonabI         time of
                                                                       surface             owned beds and bottoms of                                                 copy of instrument            2cents per sq fact of                                       y interferes        applicatio
                                                                       leases and          all naturally navigable                                                   which shows                   stat-owned                                                  with Lessee         n) Specific
                                                                       permits and         streams, bayous, rivers up                                                applicant's interest          waterbottom enclosed                                        operations.         adverse
                                                                       leases to           to mean low water and                                                     (lease, etc) in the           or utilized by the                                          Ail uses            affects to
                                                                       riparian            lakes, bay areas to the                                                   property and 2                structure, including                                        should be           avoid
                                                                       owners.             mean high water . No                                                      owners permission             adjacent & contiguous                                       conducted           cited in
                                                                       Dept. of            demarcated line of public                                                 for project. Also             water in 10'                                                to permit           Guideline
                                                                       Wildlife &          vs. private ownership.                                                    certified survey plant        increments. Some                                            multiple            1.7 pg 63
                                                                       Fisheries                                                                                     show old and present          design standards may                                        Uses                of La
                                                                       responsible                                                                                   shoreline and limits          be imposed by local                                         including           Coastal
                                                                       for leasing                                                                                   of reclamation; plan          planning commissions.                                       recreation.         Resource
                                                                       for                                                                                           view of activity site-                                                                                        Program
                                                                       oyster/shelifi                                                                                section view. of                                                                                              Final EIS
                                                                       sh culture.                                                                                   activity site.
                                                                       Also grant                                                                                    Application must be
                                                                       leases for                                                                                    followed by either a
                                                                       commercial                                                                                    boundary agreement
                                                                       dfadging/she                                                                                  (fixes definitive
                                                                       11 removal.                                                                                   boundary between
                                                                       Also                                                                                          reclaimed area &
                                                                       manage a                                                                                      waterbottoms) or
                                                                       program for                                                                                   lease agreement
                                                                       regulation of                                                                                 (operates/maintains
                                                                       designated                                                                                    encroachment)
                                                                       "scenic                                                                                       Yes, public notice
                                                                       streams'                                                                                      and comments,
                                                                       Coastal Mgt                                                                                   negative responses
                                                                       Division of                                                                                   may cause public
                                                                       t tA                                                                                          he@aring, use
                                                                       Department                                                                                    mitigation through
                                                                       of Natural                                                                                    assessments of
                                                                       Resources                                                                                     secondary and
                                                                       handles                                                                                       cumulative impacts
                                                                       CZM                                                                                           through guiding
                                                                       program wl                                                                                    development oz other
                                                                       Corps        of                                                                               areas. Development


                                                                                                                                                        ..............

                                             ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                                                                                         STA TE LANDS DIVISION                                                                                         50


SUBMERGED LANDS STUDY


MAINE




Bureau of 
Public
Lands: is
agency of
Department
of
Conservatio
n.  Interacts
with State
Planning
Office's
Coastal
Program,
Dept of 
Environment
al Protection
Marine
Resources,
Wildlife,
Trans, Econo
mic
Developmen
t, Land Use
Regulation
Commission


English common law, at
statehood.  Mgt legistlation in
1975 via submerged Lands
Act.  Boundaries - land from
mean low water mark or a
maximum of 1,650'
seaward to the mean high
water mark whichever is
closer to the mean
highwater mark, out to the
seaward boundary of
coastal waters.  And all
land below the mean low
water mark of tidal rivers
upstream to the farthest
natural reaches of the tide.
And land below the natural 
mean low water of ponds 
less 10 acres.  And river
beds of international
boundary rivers.


Extended constructive
easements for 30 years
to owners subject to no
significant alteration of
the structure or use.
Registration program for 
these beginning 1/1/91
and completed by
12/31/95.

Most do not require
formal statement, but
specific studies or
modifications may be
required.  Public
comments taken by 
all agencies involved.
Mitigations at review.


Possible site visit.
Written
notification of
noncompliance.  If
do not comply by
deadline, structure
may be ordered 
removed.  Legal
action will follow.



Major
consideratio
n during
review
process.
Statutes
allow 
negotiation
to protect
or enhance
public access.
Also covers
mitigation
of other
impacts.


Review
attempts
to assess
cumulativ
e impacts
and
reconcile
discrepan
cies.


ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES/STATE LANDS DIVISION			51











                                                                                                                                                                                                                                                                              SUBMERGED LANDS STUDY


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                                                       MASS.                Department            Ownership in tidelands and               Have required tidelands               1. Pre-application                                                  Site visits at time         Through
                                                                            of                    great ponds established by               licenses since 1866.                  consultation                                                        of application and          municipaliti
                                                                            Environment           Colonial ordinance 1641                  1. No license required for            2. Filing                                                           at completion of            as via
                                                                            al Protection         and 1647. These confirmed                continuing we of                      &Completion of                                                      project. annual fee         municipal
                                                                            Waterways             private ownership to low                 lawfully filled private               application (set    of                                              charged. to non-            harbor
                                                                            Regulation            water, subject to fishing                tidelands if there have               plans fee, statement                                                water-dependent             plans.
                                                                            Program               fowling and navigation                   been no structural                    of public purpose,                                                  projects funds              113rand new
                                                                                                  easements. State owns                    alteration or change in               public comment                                                      inspectors. Local           program)
                                                                                                  land below low water - can               use since 111/84 or in                3. Plan Content &                                                   harbormasters               Licenses
                                                                                                  be created into private only             violation of an expressed             specification (maps,                                                also report                 conditioned
                                                                                                  by legislature, a grant                  condition of the grant or             etc.)                                                               problems, monitor           upon
                                                                                                  meeting strict standards and             license authorizing the               4. Information on                                                   public notices              provision of
                                                                                                  for a proper public purpose.             filling.                              other state and local                                               required by MEPA,           public
                                                                                                  Scope of easements has                   . Amnesty period of 3                 approvals (list of                                                  Corps of                    access
                                                                                                  been subjected to litigation.            yrs (ends in 10193) for               environmental                                                       Engineers, etc.             especially
                                                                                                                                           licensing unlicensed                  regulatory programs,                                                which lists                 for non
                                                                                                                                           work in existence since               copy of                                                             projects that may           water-
                                                                                                                                           before 11/11/84.                      environmental                                                       require licenses.           dependent
                                                                                                                                           3. "interim approval' 130             notification form and                                                                           Uses.
                                                                                                                                           Vrs; non-transferrablel               certificate of                                                                                  Access to
                                                                                                                                           can be given to certain               secretary certification                                                                         flats is
                                                                                                                                           small water-clependent                that project does not                                                                           limited to
                                                                                                                                           projects which are                    require municipal                                                                               fishing,
                                                                                                                                           accessories to single                 approvals,                                                                                      fowling and
                                                                                                                                           family residences. (For               certification from city                                                                         navigation.
                                                                                                                                           instance, a pier for                  of license application.                                                                         In present
                                                                                                                                           personal me). This                    6. Application                                                                                  or former
                                                                                                                                           postponement of                       automatically expires                                                                           submerged
                                                                                                                                           licensing allows a                    after 2 years if                                                                                lands, more
                                                                                                                                           homeowner to avoid the                deemed incomplete.                                                                              extensive
                                                                                                                                           expense of professionally                                                                                                             access
                                                                                                                                           stamped plans.                                                                                                                        requirement
                                                                                                                                                                                                                                                                                 a are
                                                                                                                                                                                                                                                                                 imposed.





















                                                                                                                                                                                                                ........................................................................ ...
                                                                                                                                                                                                                                                              ...................
                                                                                                                     ..........                                                                                              .:.*.                -N.'.


                                                  ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCESI STATE LANDS DIVISION                                                                                                                                                                                                   52








                                                                                                                                                                                                                                                       SUBMERGED LANDS STUDY





                                                  MICHGAN                                 Northwest Ordinance of                None. All past fills or           Application including         May be required after          Field officers             Must not
                                                                                          1787 declared navigable               occupancies are                   survey and                    preliminary review of          conduct                    substantiall
                                                                                          waters, etc., held in trust           considered trespasses             description  of subject       application. Public            inspection before          y affect
                                                                                          for we of people. Michigan            against public trust, title       and adjacent                  notice made to affect          issuing permit.            public use
                                                                                              uired this trust when it          and are required to               property, title               parties. Mitigation            Also final                 or impair
                                                                                          entered the Union in 1837.            obtain authorization to           abstract, and  tax            required before                inspection.                public trust.
                                                                                          Great Lakes Submerged                 continue. Courts have             history. Approvals            approval.                      Enforcement                Contains
                                                                                          Lands Act 1966 codified               held that adverse                 form federal                  commercial piers, etc          action may be              provision
                                                                                          common low and public                 possession does not run           agencies, waterways           are of similar size to         brought for                for public
                                                                                          trust doctrine as applies to          against the state's               commission, local             other in vicinity and          noncompliance.             access
                                                                                          Great Lakes bottomiands               perpetual duty to                 governments; fees             allow for free flow of                                    ionly in
                                                                                          and waters. Defined by                oversee public trust                                            water. Seawalls, etc                                      conveyance
                                                                                          "lying below and lakeward             lands.                                                          must be constructed of                                    to local
                                                                                          of natural ordinary high-                                                                             materials free of                                         government
                                                                                          water mark" but excepts                                                                               pollutants,                                               a) Will not
                                                                                          swamp land grants or rights                                                                           wastemetals, debris or                                    interfere
                                                                                          acquired through natural                                                                              organic materials and                                     with public
                                                                                          and grants or rights                                                                                  must not be more than                                     navigation
                                                                                          acquired thru natural                                                                                 300' long and in an                                       rights, is on
                                                                                          accretions. High water                                                                                area where similar                                        an overall
                                                                                          marks further specifically                                                                            structures already                                        beneficial
                                                                                          delineated for each Lake,                                                                             exist. Backfill not     to                                nature
                                                                                                                                                                                                exceed average of cu
                                                                                                                                                                                                cu per running foot
                                                                                                                                                                                                along shoreline and
                                                                                                                                                                                                max of 300 cu yds.
                                                                                                                                                                                                Low profile, not more
                                                                                                                                                                                                than V above water
                                                                                                                                                                                                level lase more in
                                                                                                                                                                                                submerged lands act
                                                                                                                                                                                                pp 14-16.

























                                                                                                                                                                                                      X   ..... ..........................             ............................................... . ................
                                                                                                                                            ..........
                                                                                                                                                                                                                                                               .............


                                              ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES                                                                                        STATE LANDS DIVISION                                                                                       53




SUBMERGED LANDS STUDY


MISSISSIPPI

Mississippi
Department
of Wildlife
Fisheries
and Parks/
Bureau of
Marine
Resources is
responsible
for
wetlands.
Secretary if
State leases
trust lands.


Coastal Wetlands Law
7/1/73-publicly owned
lands subject to ebb and
flow of the tide, below the
watermark of ordinary high
tide; publicly owned
accreations above watermark
of ordinary high tide;
publicly owned submerged
waterbottoms below the
watermark or ordinary high
tide.  Includes flora and
fauna.  Extends seaward to
state boundary.  States
claims reinforced per Phillips
supreme court decision



Restricted to existing
uses occurring on or
adjacent to upland sites
or historical uses in
water area such as
dredge material disposal
areas, shellfish growing
areas, navigation
channels, etc.


Files "joint
application" with
Corps of Engineers,
BMR, and DEQ.
Application includes
description,
schedule, cost,
purpose, public
benefits, public use,
plan view names of
adjacant property
owners.  Also lists of
approvals received
from Bureau of
Pollution Control,
BMR, Corps of 
Engineers, City/
County.  Also to be
attached are vicinity
maps, authorized
agent environmental
assessment, and
request of variance in
guidelines of Coastal
Wetlands Use Plan.






via fly overs, site 
inspections.



Urban waterfront
plans and sand beach
plans address
access
needs and
improveme
nts.
Access
constructio
n projects
(boat
ramps/fishin
g piers,
parking 
lots) have
been
funded
through
CZMA
Section
306A Low
Cost
Constructio
n Program.


ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES/STATE LANDS DIVISION			54















                                                                                                                                                                                                                                                                                   SUBMERGED LANDS STUD                                       Y


                                                                                                      ..................................




                                                        NEW                                         Mean high tide lines marks                Structures in place prior             No procedure for                 in wetlands regs                    Environmental                Open N.H.
                                                        HAMPSHIRE                                   landward limit of public                  to enactment of                       submerged lands                                                      impactors (2)                coast
                                                                                                    ownership. Dates back to                  regulatory program                    leasing. Process for                                                 monitor projects             mostly
                                                                                                    English Common law                        (6122167) are                         wetlands permits,                                                    which impact                 public and
                                                                                                    principles.flegulation of                 grandfathered.                        mooring permits or                                                   wetlands and                 managed
                                                                                                    dredging, filling, placement                                                    aquaculture permits.                                                 submerged lands.             for
                                                                                                    of structure in public waters                                                                                                                                                     recreation -
                                                                                                    is curled out by N.H.                                                           Only when a                                                                                       no
                                                                                                    Wetlands Board (authorized                                                      Wetlands Board                                                                                    developer
                                                                                                    by statute and comprised of                                                     Permit is required.                                                                               provisions
                                                                                                    representatives of state                                                        Direct filling of                                                                                 required.
                                                                                                    agencies and municipal                                                          submerged                                                                                         Along
                                                                                                    officials).                                                                     lands/wetlands      is not                                                                        estuarine
                                                                                                                                                                                    allowed unless                                                                                    shoreline,
                                                                                                                                                                                    project is deemed to                                                                              much
                                                                                                                                                                                    be in the *public                                                                                 frontage is
                                                                                                                                                                                    good". In these                                                                                   privately
                                                                                                                                                                                    projects, mitigation is                                                                           owned.
                                                                                                                                                                                    usually required as                                                                               Access
                                                                                                                                                                                    determined on case                                                                                areas for
                                                                                                                                                                                    by case basis.                                                                                    boating,
                                                                                                                                                                                                                                                                                      picnicking
                                                                                                                                                                                                                                                                                      are limited
                                                                                                                                                                                                                                                                                      in size.


































                                                                                                                ....... ..................
                                                                                                                                                                                                                                                                                                                                    .. . .........
                                                   .....    ......

                                                   ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                                                                                                      STA TE LANDS DIVISION                                                                                                  55









                                                                                                                                                                                                                                                                  SUBMERGED LANDS STUDY


                                                                                                                                           .. ......... ... ................. .....................




                                                    NEW                  Dept Env.            English common law- PTD.               CAFRA grants exemption             Optional pre-                   Design guidelines for            Site inspections            Each               Mitigation
                                                   JERSEY                Prot and             mean high tide, includes               to facilities that were in         application                     public access have               are provided for in         shorefront         plans
                                                                         Energy Land          filled lands. Mean high                place or under                     conference -                    been adopted . These             permit.                     developmen         required
                                                                         Use                  water based upon                       construction on or before          application    -public          are specific to type of          modifications can           t proposal         for
                                                                         Regulation           theoretical 18.6 year tide.            9/19/73. Wetlands ACt              comments,                       structure or me.                 be required                 must               wetlands
                                                                         Program              Tidelands delineation and              exempts permitting for             application    completed        Standards are also               permits suspended           address 12         Growth
                                                                         Tidelands            mapping now being                      existing priorto 1/1/81            and reviewed option             imposed during review            orravoked.                  policies           managem
                                                                         Managemen            conducted. Right now                   as long as repairs or              public hearing.                 process location,                                            relating to        ant
                                                                         t Program is         determination made case by             renovations do not                 CAFRA regulations               usage and resource                                           access,            measures
                                                                         part of              Casa. Waterfront                       increase size and                  add mandatory public            restrictions. N.J. has                                       visual and         provided
                                                                         LURP- w/             Development Low regulates              structure is solely                hearing EIS.                    adopted a 3 step                                             physical.          through 3
                                                                         Tidelands            construction or                        residential or for use of                                          process for review:                                          Plan must          step
                                                                         Resource             development up to Ist                  pleasure vessels.                                                  location, use and                                            identify           review
                                                                         Council).            property line, public road or                                                                             resource policies are                                        areas              process.
                                                                                              railroad, provided it is                                                                                  defined for each type.                                       appropriate        The EIS
                                                                                              between 100 -600 feet                                                                                     A proposal must                                              for public         for
                                                                                              from waterway. Coastal                                                                                    satisfy each set of                                          access.            wetlands
                                                                                              Area Facility Review Act                                                                                  policies.                                                    EAsements          projects
                                                                                              regulates location design                                                                                                                                              may be             must
                                                                                              and construction in coastal                                                                                                                                            required.          analyze
                                                                                              region. Wetlands Act                                                                                                                                                   Developer          indirect
                                                                                              (19701 regulates activities                                                                                                                                            provision f        effects of
                                                                                              on coastal wetlands.                                                                                                                                                   linear             proposed
                                                                                                                                                                                                                                                                     walkways           activity on
                                                                                                                                                                                                                                                                     is required.       adjacent
                                                                                                                                                                                                                                                                     Parking            and
                                                                                                                                                                                                                                                                     must be            noncontig
                                                                                                                                                                                                                                                                     provided in        uom
                                                                                                                                                                                                                                                                     publicly           areas.
                                                                                                                                                                                                                                                                     funded
                                                                                                                                                                                                                                                                     projects/

























                                                                                                                                                                                                                       X
                                                                                                                                                                                                                                                                                                           . ...... ......

                                              ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                                                                                             STA TE LANDS DIVISION                                                                                          56









                                                                                                                                                                                                                                                                                  SUBMERGED LANDS STUDY


                                                                                                                                                                                                                                                                                                                                    ........ ....




                                                       NEW YORK              Department            Derived from English                      Numerous, 2 examples.                 Certifies that                   1. Min. setback of                  Periodic                     Two                  Need to
                                                                             of State -            Common Law, public          trust         One in the case of                    proposed action is               structures 100 sq ft                inspections by               policies of          do so has
                                                                             Coastal               doctrine. New York                        coastal erosion,                      consistent with                  lax boardwalks, cocks,              conservation                 coastal              resulted in
                                                                             Managamen             presumptively holds title to              grandfathers any                      coastal policies of     the      bulkheads, piers, etc.)             officers. Site               managemen            program
                                                                             t Program             "land under water",       that is         development or activities             Coastal Management               is 76' landward from                visits responding            t program            changes
                                                                             Department            below the high water mark                 which had final approval              Program. File                    the most landward                   to complaints                directly             this year
                                                                             of                    on rivers & tidal water                   from appropriate local                'Consistency                     edge. Within city of                from citizens,               address              with
                                                                             Environment           bodies. Also below low                    government prior to date              Assessment Form*.                N.Y., this is 30'. In               environmental                public               Section
                                                                             of                    water mark on lakes and                   of regulations. Another               Completes federal                areas where existing                groups, local                access,              309 grant
                                                                             Conservatio           ponds. Historic boundary                  from Tidal Wetlands Act               agency app.                      structures are                      governments,      or         Policy               changes
                                                                             n - Tidal             delineation of public trust               grandfathers any                      Certifies that                   substantially the same              state agency                 guidelines           include
                                                                             Wetlands              lands has been mean high                  structure lawfully in                 proposed action is               type as proposed and                staff.                       are used in          praparatio
                                                                             Coastal               water m:rk.,,New York has                 existence as of effective             consistent with                  are within 600' of                                               project              n and
                                                                             Erosion               adopted he na of                          data of regulation. An                coastal policies of the          proposed, the average                                            review               adoption
                                                                             Hazards               vegetation test as the                    further states that the               Coastal Management               setback may be used.                                             process.             of regional
                                                                             Areas Act,            means to locate this                      new restrictions will not             Program. File                    2. Min. setback for                                              Program              coastal
                                                                             State                 boundary. Exceptions         to           be deemed to require a                "Consistency                     sewage disposal septic                                           encourages           managern
                                                                             Environment           boundary in Nassau and                    variance for repair,                  Assessment Form".                tank, etc. landward.                                             mixed use            ent
                                                                             of Quality            Suffolk Counties where                    restoration or rebuilding             Completes federal                3. Min. of 2' of soil                                            areas and            programs,
                                                                             Review Act            colonial patenta conveyed                 but that such activity                agency app.                      between bottom of                                                multiple use         improvern
                                                                             & Stream              ownership to towns.                       may be subject to the                                                  any cesspool, etc, and                                           of facilities.       ents in
                                                                             Protection                                                      new permitting                                                         seasonal high ground                                             Existing             local
                                                                             Act .  Office                                                   requirements. It further                                               water level.                                                     access shall         governme
                                                                             of General                                                      stipulates a provision                                                 4. No more than 20 %                                             not a                nt
                                                                             Services -                                                      that repair, etc, activities                                           of adjacent area can                                             reduced,             managern
                                                                             Art 6 of                                                        to existing structures                                                 be covered by existing                                           nor shall            ant of
                                                                             Public Lands                                                    must not increase non                                                  or new structures or                                             possibility          coastal
                                                                             dealing with                                                    compliance with                                                        impervious materials.                                            of                   resources
                                                                             grants of                                                       regulations.                                                           6. Min. lot area                                                 increasing           and
                                                                             land under                                                                                                                             20,000 sq. ft - 40,000                                           access be            centralizin
                                                                             water.                                                                                                                                 a. ft.                                                           eliminated           g the
                                                                                                                                                                                                                    6. Clustering of multi-                                          Projects             determina
                                                                                                                                                                                                                    family dwellings                                                 evaluated            tion of
                                                                                                                                                                                                                    allowed to encourage                                             based o              consistenc
                                                                                                                                                                                                                    maintenance of                                                   level of             y of
                                                                                                                                                                                                                    undeveloped areas.                                               estimated            projects
                                                                                                                                                                                                                    7. Min. setback of                                               public use,          and
                                                                                                                                                                                                                    roads, parking lots,         etc                                 also                 activities
                                                                                                                                                                                                                    over 600 saft shall          be                                  whether              in the
                                                                                                                                                                                                                    76' from tidal watland.                                          level of             coastal
                                                                                                                                                                                                                    S. Surface water                                                 access               area with
                                                                                                                                                                                                                    runoff shall be                                                  causes a             state
                                                                                                                                                                                                                    prevented by installing                                          degree of            coastal
                                                                                                                                                                                                                    dry wells, retnetion                                             use                  policies.
                                                                                                                                                                                                                    basins, etc.                                                     exceeding
                                                                                                                                                                                                                                                                                     physical
                                                                                                                                                                                                                                                                                     capacity of
                                                                                                                                                                                                                                                                                     the facility.




                                                                                                                                                                                                                                                                                                                                       ..........

                                                 ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES                                                                                                        STATE LANDS DIVISION                                                                                                   57








                                                                                                                                                                                                                                                                 SUBMERGED LANDS STUDY


                                                         .....                                                                                                             ........................ .
                                                                                                                                                                            ............                                ...... X.-
                                                                                                                                                                             . ............... .




                                                    NORTH                Coastal             English common low, PTD.               Statute claimed lands               File application and           Waters are classified            Site inspection at         Beach               Mitigation
                                                    CAROLINA             Resources           Case law further defined as            under navigable waters              fee. Field report              according to suitable            commencement.              Access              policy in
                                                                         Commission/         "creek or river wide and               as of 1966. Lands filled            prepared by                    uses. National                   Notices of                 Program             statutory
                                                                         Department          deep enough for sea vessels            and raised above mean               Department following           Pollution Discharge              violation                  uses funds          authority.
                                                                         of                  to navigate arid without               high, water between                 site inspection. This          Elimination System               issued,cesse and           to acquire          Benefit
                                                                         Environment         obstruction of navigation              statehood and 1966                  report is circulated to        permit required for              desist order, civil        lands to            the public
                                                                         Health and          from mouth to ocean and                under permit would not              various agencies,              discharging into                 penalties                  benefit             interest
                                                                         N atural            the limit of whose waters              be subject to public trust          recommendations are            waters. Waters                   assessed,                  public with         must
                                                                         Resources           not higher nor as high as              rights. Supreme Court               made ad limitations            designated as                    restoration may be         priority            outweigh
                                                                         Division of         the flowing of the tides               voided deeds and grants             may be imposed as              *Outstanding Resource            required.                  given to            long range
                                                                         Coastal             upon sea coasts as                     issued by sate on                   conditions. Public             Waters' receive                                             land                adverse
                                                                         Mgmt &              navigable stream within                submerged lands. Also               comment yes,                   special protection. In                                      unsuitable          affects.
                                                                         Div. of             general rule" Where the                General Permits for                 mitigation thru                these development                                           for
                                                                         Marine              tide ebbs and flows                    development in AEC                  planning, site                 within 675' of mean                                         developmen
                                                                         Fisheries           between the high and low               (areas of environment               selection,                     highwater must meet                                         t. Include
                                                                         (for                water is public trust but              concern) prior to 311 n 8           development                    low density                                                 parking
                                                                         ownership           may be subject to a direct             are issued,provided they            standards and                  requirements (260A                                          area,
                                                                         issues and          special legislative grant (to          had legal permits or had            creation/restoration           built-upon area                                             pedestrian
                                                                         public              the farthest influx of sea             applied for legal permits           of coastal resources.          adjacent to                                                 access and
                                                                         access              water).                                and were accepted. If               Public notice - Field          'commercial use                                             walkways,
                                                                         rights)             NC statute "mean high                  pending permits expired,            REport and site                waters & 30 *A                                              restrooms
                                                                                             water mark", but also                  regular CAMA permit                 inspection                     adjacent to others.)                                        and other
                                                                                             provides that land raised              required.                                                          No new marinas in                                           public
                                                                                             above high water mark as                                                                                  ORWs unless fewer                                           beach
                                                                                             result of pier, etc. vests in                                                                             than 30 slips, no boats                                     access
                                                                                             property owner. Also                                                                                      larger then 21' and no                                      support
                                                                                             landowner may gain title to                                                                               boats with heads.                                           facilities.
                                                                                             filled shorelines by 11                                                                                   Other standards set by
                                                                                             reclamation of eroded [arid                                                                               local jurisdictions.
                                                                                             2) land raised within bounds
                                                                                             of state conveyance 3) land
                                                                                             raised under lawful permit
                                                                                             41 land raised through
                                                                                             deposit of spoil from
                                                                                             stata/fed navigation
                                                                                             projects. Coastal Area
                                                                                             Management Act of 1974
                                                                                             created Coastal Resources
                                                                                             Commission to guide
                                                                                             development.














                                                                                                                                                                                   ......... ..............

                                                ALABAMA DEPARTMENT OF CONSERVATION AND NA TURAL RESOURCESI STATE LANDS DIVISION                                                                                                                                                                                    58








                                                                                                                                                                                                                                                                   SUBMERGED LANDS STUDY






                                                     ONO                  Apply with          Since 19 17. Claims title to            Environmental impact                                              No determination of               Inspections done            Evaluation         Review of
                                                                          Army Corps          public trust lands and                  assessment requirement                                            the engineering quality           periodically; aerial        of                 anvironme
                                                                          of Engineers        waters of Lake Erie through             waived for "artificially                                          of the project is made.           photographs every           present/pro        ntal
                                                                          for any work        Statehood (1803) based                  filled areas' or "filled*                                         Office of the Chief               3 years for                 spective           impact
                                                                          in Lake Eric.       upon equal footing doctrine.            portion of any area                                               Engineer reviews share            review.                     recreational       assessme
                                                                          Corps of            Laws of Ohio uses "natural              existing as of 3/16/89.                                           erosion projects, but                                         uses.              nt
                                                                          Engineers           shoreline' as delineation of                                                                              only makes comments                                           Provision
                                                                          permit.             upland ownership and                                                                                      re the ability of                                             for public
                                                                                              submerged lands.                                                                                          structure to protect                                          access may
                                                                                                                                                                                                        shoreline.                                                    be
                                                                                                                                                                                                                                                                      condition of
                                                                                                                                                                                                                                                                      lease
                                                                                                                                                                                                                                                                      depending
                                                                                                                                                                                                                                                                      on historic
                                                                                                                                                                                                                                                                      use
                                                                                                                                                                                                                                                                      patterns
                                                                                                                                                                                                                                                                      and
                                                                                                                                                                                                                                                                      suitability
                                                                                                                                                                                                                                                                      ofleased
                                                                                                                                                                                                                                                                      site for
                                                                                                                                                                                                                                                                      recreation
                                                                                                                                                                                                                                                                      uses.
                                                                                                                                                                                                                                                                      Lease is
                                                                                                                                                                                                                                                                      subject to
                                                                                                                                                                                                                                                                      public's
                                                                                                                                                                                                                                                                      right to
                                                                                                                                                                                                                                                                      navigation
                                                                                                                                                                                                                                                                      in around
                                                                                                                                                                                                                                                                      structures;
                                                                                                                                                                                                                                                                      also must
                                                                                                                                                                                                                                                                      not refuse
                                                                                                                                                                                                                                                                      'safe
                                                                                                                                                                                                                                                                      harbor
                                                                                                                                                                                                                                                                      refuge' to
                                                                                                                                                                                                                                                                      vessels.





















                                                   ...............................

                                                 ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCESI STATE LANDS DIVISION                                                                                                                                                                                       59







                                                                                                                                                                                                                                                             SUBMERGED LANDS STUDY


                                                                                                                                     ..................  ........ ... . ...                                                                                                                                        X.
                                                                                                                                                  ......... . ..................
                                                             .......                                                                  .......... .......... . . .. .....   ....... .   ....
                                                                                                                                       ..........................................    Z,



                                                    PENN-                Department          English to Wrn Penn in                Also a provision in this            Application - iMisl          Varies according to              Reports of                                    Secondary
                                                                         of                  168 1; Penn to land patents;          section allows for a                completeness review          type of structure.               inspections                                   impacts or
                                                                         Environment         granted by Commonwealth               permit to be required if            - must apply for             Dames are cLassified             conducted by the                              assessed
                                                                         al                  Land Patent office.                   such a wavered                      submerged lands              by size and hazard               permittee(l) are                              during
                                                                         Resources,          Navigable rivers and                  structure/activity has a            license agreement-           potential. Typical               required at least                             initial
                                                                         Bureau on           streams were held by                  significant effect upon             proof of financial           standards address                annually (some                                review,
                                                                         Dams and            Commonwealth. Smaller                 safety or the protection            responsibility.              structural sounds,               every 3 months.)                              also
                                                                         Waterway            streams traditionally were            of life, health, property,                                       compliance with                  Certain reports                               cumulativ
                                                                         Managemen           conveyed to riparian                  or the environment.                                              current engineering              must be certified                             6 impacts.
                                                                         t                   property owners. Court                Further review shows                                             standards, safety                by an RPE. The                                No growth
                                                                                             action has declared some              what all existing dams,                                          considerations,                  DER cooperated                                managern
                                                                                             streams and lakes to be               water obstructions                                               environmental                    with Fish and Boat                            ent or
                                                                                             navigable and between                 encroachment which                                               concerns.                        Commission,                                   limitation
                                                                                             1771-1881, *public                    were licensed or                                                                                  Game                                          per se.
                                                                                             Nghways*. All submerged               permitted in compliance                                                                           Commission,Corps
                                                                                             lands ownershp determined             with previous regulations                                                                         of Engineers, U.S.
                                                                                             by normal low water. Bed              were grandfathered for                                                                            Fish and Wildlife
                                                                                             of Lake Erie to the                   construction and                                                                                  &US.EPA. CZM
                                                                                             international boundary is             operating permit                                                                                  program conducts
                                                                                             also public                           regulations. After                                                                                annual serial
                                                                                                                                   9/17/80 they are                                                                                  monitoring. DER
                                                                                                                                   required to comply with                                                                           may require a
                                                                                                                                   operating, maintenance,                                                                           permittee to
                                                                                                                                   monitoring regulations of                                                                         conduct tests,
                                                                                                                                   the new regulation.                                                                               studies, analyses
                                                                                                                                                                                                                                     to evaluate safety
                                                                                                                                                                                                                                     or structure if
                                                                                                                                                                                                                                     reasonable use
                                                                                                                                                                                                                                     exisu. These
                                                                                                                                                                                                                                     must be under
                                                                                                                                                                                                                                     supervision of RPE
                                                                                                                                                                                                                                     approved by DER
                                                                                                                                                                                                                                     and under DER
                                                                                                                                                                                                                                     methods. Failure
                                                                                                                                                                                                                                     to provide can
                                                                                                                                                                                                                                     result in
                                                                                                                                                                                                                                     revocation of
                                                                                                                                                                                                                                     permit. DER can
                                                                                                                                                                                                                                     require owner to
                                                                                                                                                                                                                                     :
                                                                                                                                                                                                                                      pair, alter or
                                                                                                                                                                                                                                     :Move facility. If
                                                                                                                                                                                                                                     owner refuse$,
                                                                                                                                                                                                                                     DER can If
                                                                                                                                                                                                                                     significant
                                                                                                                                                                                                                                     interference with
                                                                                                                                                                                                                                     pubic use and
                                                                                                                                                                                                                                     enjoyment is
                                                                                                                                                                                                                                     found during
                                                                                                                                                                                                                                     review process,



                                              A LA SA MA DEPA R TMENT OF CONSER VA TION A                                                  ND      NA         TURo4 L  R ESOURCES                 STA TE        LANDS         DIVISION                                                                         60









                                                                                                                                                                                                                                                                               SUBMERGED LANDS STUDY


                                                                                                                                                                                                                                                                                                                           .. . ...............




                                                        RHODE                 CRMC                   Landward boundary of sea                Type I - ultimate goal to            File application, meet           Setback not less than             Natural Resources            Concept of           As stated
                                                        ISLAND                                       is mean high water mark                 remove and restore. but              goals and standards              60* from intand                   Ranger Corps                 riparian             above, a
                                                                                                     along coast.                            pro-existing residential             pertaining to areas an           boundary of the                   (7/77) patrols with          right a is           public
                                                                                                                                             boating facilities                   activities, meet                 coastal feature,     except       special attention            difference           access
                                                                                                     Enabling legislation 1971               permitted under limited              buffer zone and                  in critical erosion area          to coastal zone 11           in P.R.              plan is
                                                                                                     created Coastal Resources               terms.TVpa 2 - Pre-                  setback                          where the setback                 km inland form               Streams are          being
                                                                                                     Management Council.                     existing marines allowed             requirements, certify            depth no less than 30             shoreline); rangers          considered           prepared.
                                                                                                     Jurisdiction of CRMC is                 to continue within                   compliance with                  times calculated                  issue citations for          public               Few
                                                                                                     from 3 miles offshore to                approved marina                      state and local                  average annual erosion            violation of the             waters;              municipali
                                                                                                     200' inland from any                    perimeters and reviewed              statutes, ordinances,            rate for less than 4              laws and                     casement 6           ties have
                                                                                                     coastal feature. Any                    for standards. Must                  ate. Obtain local                dwelling units, 60 x for          regulations in               meters               zoning
                                                                                                     natural features have                   submit application by                permit - obtain state            more than 4. Fill slope           coastal or                   wide on              districts.
                                                                                                     extended contiguous              area of 8131193. Will not be                permit- submit                   maximum grade of                  floodable zones.             either side          Constiucti
                                                                                                     200' from inland borders.               required to meet their               preliminary                      30%; removal of                                                of stream.           an of raps
                                                                                                     Six types of water areas are            capacities as 1/81.                  determination form-              excess or debris                                                                    is not
                                                                                                     defined and separate                    Residential boating                  submit application to            materials,;                                                    Public acce          required.
                                                                                                     policies exist for each.                facilities ok if no                  CRIVIC (include                  restabilization of                                             as to the            All major
                                                                                                     Type 1 Conservation Areas               significant adverse    affect        engineering drawings,            adjacent sites; no                                             shore                changes
                                                                                                     primary to preserve and                 to coastal resources                 copies of state and              polluting materials;                                           provided.            inland
                                                                                                     protect                                 water dependent use or               local permits, proof             commercial or                                                  A plan is            use must
                                                                                                     Type 2 Low intensity Use -              public use (adverse                  of ownership, fee)               industrial docks,                                              being                be
                                                                                                     maintain and restore high               impacts specified)                                                    wharves, piers.                                                developed            reviewed
                                                                                                     scenic value, provide low-              expansion prohibited.                                                                                                                as a coastal         and
                                                                                                     intensity usage.                                                                                              In meeting goals and                                           managemen            cleared by
                                                                                                     Type 3 high-intansity                                                                                         standards may include                                          I task.              the
                                                                                                     boating - preserve, protect                                                                                   demonstrating need,                                            ONR                  Planning
                                                                                                     and enhance                                                                                                   demonstrating all                                              provides             Board.
                                                                                                     Type 4 Multipurpose Waters                                                                                    ordinances codas, and                                          ramps and            Cumulativ
                                                                                                     maintain a balance among                                                                                      environmental                                                  fishing piers        a and
                                                                                                     diverse activities                                                                                            considerations have                                            under                secondary
                                                                                                     Type 6 commercial and                                                                                         been met. etc.                                                 program for          impacts
                                                                                                     recreational harbors -                                                                                        must be certified &                                            sport                are under
                                                                                                     maintain balance, promote                                                                                     designed by RPE.                                               fishing              considerat
                                                                                                     efficient use of space,                                                                                       Mitigate surface runoff                                        restoration.         ion as a
                                                                                                     protect scenic                                                                                                impact; restricted                                                                  componan
                                                                                                     characteristics                                                                                               :xcaion and grading,                                                                I of
                                                                                                     Type 6 Industrial                                                                                             tc. etc. Section 300 -                                                              project
                                                                                                     waterfronts and commercial                                                                                    Coastal Resources Mgt                                                               review.
                                                                                                     navigation channels -                                                                                         Program.
                                                                                                     encourage and support
                                                                                                     modernization and increased
                                                                                                     commercial activity.










                                                  ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                                                                                                   STA TE LANDS DIVISION                                                                                                61








                                                                                                                                                                                                                                                 SUBMERGED LANDS STUDY


                                                                                                                                                                                                                                                                             `.`.@ .... .. . ........a........ ...
                                                                                                                                                                                                                                                                                        .................




                                                 PUERTO             DNR -               June,20, 1972 law crated            Non. Regulations require          Structures approved
                                                 Pico               territorial         DNR which became                    inventory of existing             by Permits and
                                                                    submerged           effective January 2, 1973.          structures, every owner           Regulations
                                                                    maritime            To place in force program           or occupant must file for         Administration must
                                                                    Ports               for use and conservation of         a new authorization.              satisfy construction
                                                                    Authority           natural resources or Puerto                                           code requirements.
                                                                    defined port        Rico. Dock and Harbor Act
                                                                    zones as            of Puerto Rico of 1948
                                                                    provided in         established *terrestrial
                                                                    1968 Ports          maritime zone" as space
                                                                    Law.                touched by ebb and flow of
                                                                                        sea, where tides are
                                                                                        noticeable. Includes lands
                                                                                        recovered from sea and
                                                                                        river borders up to
                                                                                        navigability. 'Port zone"
                                                                                        means part of the maritime
                                                                                        zone and adjacent lands to
                                                                                        a port delineated as harbor
                                                                                        zones. Harbor zones limited
                                                                                        through regulation approved
                                                                                        by Adm.of EDA following
                                                                                        public hearing. P. R. Ports
                                                                                        Authority regulates. Public
                                                                                        trust lands include territorial
                                                                                        waters to 10.36 nautical
                                                                                        miles, submerged lands
                                                                                        under them, and maritime
                                                                                        (inter-tidal) zone. As first
                                                                                        described in Spanish Law of
                                                                                        Ports enacted in 1880 and
                                                                                        :xtended to P.R. in by royal
                                                                                        ecree.























                                                                                                                                                                                                                                                                            ..........          ......


                                            ALABAMA DEPARTMENT OF CONSERVATIONAND NATURAL RESOURCESISTATE LANDS DIVISION                                                                                                                                                                        62









                                                                                                                                                                                                                                                             SUBMERGED LANDS STUDY


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                                                   SAN                  state Lands         PTO - Then McAteer-Patris                                                Apply - public notice          Use policies specific to         Undefined                   (NOTE TO           Growth
                                                   FRANCISCO            Commission,         Act of 1966 and numerous                                                 -obtain all other              type of activity.                techniques.                 ME) add            and
                                                                        San                 subsequent amendments                                                    necessary permits.             Design should include            Cease and desist            pictures of        limitation
                                                                        Francisco           through 1991. contains                                                                                  visual public access.            orders may be               Pier 39)           handled
                                                                        Bay                 declaration of public interest                                                                          Inote to me - use these          issued, public              Application        vial the
                                                                        Conservatio         in the Bay including the Bay                                                                            in appendix for                  hearing held,               requires           Plan
                                                                        n &                 and all sloughs and                                                                                     example)                         injunctions filed,          info               which has
                                                                        Developmen          marshlands between mean                                                                                                                  civil penalties             regarding          policies
                                                                        t                   high and mean low tide;                                                                                                                  assessed.                   access by          specific to
                                                                        Commission          tidelands (between mean                                                                                                                                              public.            allowed
                                                                        has broad           high and mean low) and                                                                                                                                               Requires           uses.
                                                                        planning and        submerged lands (below                                                                                                                                               pedestrian
                                                                        regulatory          mean low tide) And                                                                                                                                                   access to
                                                                        authority,          shoreline between shoreline                                                                                                                                          and along
                                                                        Also the            and 100' landward.                                                                                                                                                   shoreline
                                                                        California                                                                                                                                                                               and
                                                                        Coastal                                                                                                                                                                                  beaches
                                                                        Commission.                                                                                                                                                                              unless
                                                                                                                                                                                                                                                                 inconsistent
                                                                                                                                                                                                                                                                 with public
                                                                                                                                                                                                                                                                 safety or
                                                                                                                                                                                                                                                                 conflicts
                                                                                                                                                                                                                                                                 with me.
                                                                                                                                                                                                                                                                 When
                                                                                                                                                                                                                                                                 public
                                                                                                                                                                                                                                                                 access is
                                                                                                                                                                                                                                                                 conditioned
                                                                                                                                                                                                                                                                 ,the access
                                                                                                                                                                                                                                                                 is
                                                                                                                                                                                                                                                                 permanent
                                                                                                                                                                                                                                                                 guaranteed
                                                                                                                                                                                                                                                                 vial
                                                                                                                                                                                                                                                                 easements.
                                                                                                                                                                                                                                                                 Walkways,
                                                                                                                                                                                                                                                                 etc, should
                                                                                                                                                                                                                                                                 connect
                                                                                                                                                                                                                                                                 with public
                                                                                                                                                                                                                                                                 thoroughfar
                                                                                                                                                                                                                                                                 a.















                                                         .....:..................

                                             ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                                                                                          STA TE LANDS DIVISION                                                                                         63









                                                                                                                                                                                                                                                                        SUBMERGED LANDS STUDY


                                                                                             0".                                                                                                                                                                    ... ..               . .................................




                                                     SOUTH                S.C. Coastal          English Common Law, 1787                Grandfathered                       Complete application;                                              9 Filed biologists          Not                    Yes,
                                                     CAROLINA             Council in            prima facie rule,which                  preexisting structures              pay fee; certified                                                 serve as permit             required for           contained
                                                                          tidal lands           states that lands between               and uses as of 1977 if              copy of plat                                                       review and                  private                in
                                                                          below m an            ordinary high water mark                me remains unchanged                delineating location                                               enforcement                 projects.              Developer
                                                                          high wat:r;           and low water mark belong               and structure remains in            on the baseline and                                                officers. Also              Mitigation             a
                                                                          state budget          commonly to the sate for                place. Reconstruction               setback lines on                                                   Enforcement Chief           for impacts            Handbook
                                                                          and Control           public use. Various legal               beyond normal                       subject property;                                                  oversees civil              fresh or salt          for
                                                                          Board in              challenge have been made                maintenance not                     drawings, location                                                 criminal penalties,         water                  freshwate
                                                                          nontidall             and customarily the courts              allowed structures                  map; plan view;                                                    restoration orders,         wetlands or            r. Also
                                                                          areas for             have upheld state                       damaged beyond repair               public notice;                                                     and court actions.          marsh could            have dock
                                                                          lands below           ownership except incases                must be removed if non              affidavit of                                                       Council                     include                managern
                                                                          ordinary              where specific reference to             conforming to present               ownership control.                                                 prosecutes cases            developmen             ent
                                                                          high water.           the "low water mark" as a               regulations. Allows 1 yr                                                                               with legal staff            t and                  policies
                                                                                                boundary was given(?).                  for repairs to be                                                                                      and appointed               deeding of             andpermit
                                                                                                                                        completed.                                                                                             hearing officers.           a public               a which
                                                                                                                                                                                                                                               Land Water and              accessary/s            include
                                                                                                                                                                                                                                               air surveillance            tructure.              subdivided
                                                                                                                                                                                                                                               monitored Jentire           1990                   property,
                                                                                                                                                                                                                                               area monitory by            Beach                  corridor
                                                                                                                                                                                                                                               air twice a month)          Managemen              plans,
                                                                                                                                                                                                                                               Uses staff                  t Act                  minimal
                                                                                                                                                                                                                                               monitoring and              requires               sizing and
                                                                                                                                                                                                                                               citizen reports (toll       that pubic             constructi
                                                                                                                                                                                                                                               free #1 Also has            access be              on
                                                                                                                                                                                                                                               PSA;s other                 considered             standard
                                                                                                                                                                                                                                               advertising and a           for may                length and
                                                                                                                                                                                                                                               volunteer watch             developmen             d;finitions
                                                                                                                                                                                                                                               program to                  Is in                  0
                                                                                                                                                                                                                                               encourage and               beachfront             waterfront
                                                                                                                                                                                                                                               facilitate public           areas of               property.
                                                                                                                                                                                                                                               support and                 jurisdiction.
                                                                                                                                                                                                                                               assistance in
                                                                                                                                                                                                                                               reporting
                                                                                                                                                                                                                                               violations. Site
                                                                                                                                                                                                                                               visits are made
                                                                                                                                                                                                                                               Prior to
                                                                                                                                                                                                                                               construction and a
                                                                                                                                                                                                                                               compliance site
                                                                                                                                                                                                                                               visit following
                                                                                                                                                                                                                                               construction.












                                               ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES1 STATE LANDS DIVISION                                                                                                                                                                                              64








                                                                                                                                                                                                                                                                    SUBMERGED LANDS STUDY


                                                                                                                                                                                                                                                                              ...                      . .. ................
                                                                                                                                                                                                                                                                                                               ": ... .............
                                                                                                                                                                                                                                                                                                               . ................
                                                                                                                                                ............
                                                  ..... . ......................




                                                     TENNESSEE            TVA,                                                        If an existing structure is         Apply on joint                 Varies by structure or            Routine                                          Cumulativ
                                                     VALLEY               Division of                                                 ever substantially                  TVA/Corps                       activity.                        inspections.                                     . effects
                                                     AUTHOFUTY            Land and                                                    damaged, it may not be              application showing                                              Written notice of                                addressed
                                                                          Forest                                                      repaired or replaced                plans, location,                                                 violation.                                       for
                                                                          Resources                                                   without written approval.           operating plan,                                                  Restoration or                                   Wheeler
                                                                                                                                                                          ownership interest.                                              modification may                                 Lake.
                                                                                                                                                                          Submit water quality                                             be required.                                     (get more
                                                                                                                                                                          Z
                                                                                                                                                                          di charge permit or                                              Legal action   may                               info here)
                                                                                                                                                                             ia.,                                                          be taken.



                                                     VIRGINIA             VA Marine           Derived from English                                                        File application with                                            Site inspections            Not                  Virginia
                                                                          R sources           Common Lay. Vegetated                                                       usual stuff, public                                              with prior                  addressed            Institute
                                                                          C:mmission          wetlands means land lying                                                   inspection, pubic                                                notification. If            in Wetlands          of Marine
                                                                                              between and contiguous to                                                   hearing, must be    a                                            violation written           ACt,                 Science of
                                                                                              mean low water and an                                                       project which is                                                 notice to comply.           subaqueous           College of
                                                                                              elevation above mean low                                                    consistent wit h                                                 If o not cease and          lands                W&M
                                                                                              water 1.5 times the mean                                                    preapproved use.                                                 desist order.               regulations          serves as
                                                                                              tide range at site sphere                                                   Surety bond may be                                               Sworn complaint             or State             environme
                                                                                              Ispecified vegetation                                                       required,                                                        if substantial              Coastal              ntal
                                                                                              grows).                                                                                                                                      violation may               Primary San          review
                                                                                                                                                                                                                                           cause:rder to               Due                  team..
                                                                                              Nonvagetated wetlands                                                                                                                        restor     Bond  or         Protection           They
                                                                                              means land lying contiguous                                                                                                                  letter of credit            Act.                 analyze all
                                                                                              to mean low water and                                                                                                                        may be required to          Opponuniti           projects
                                                                                              between mean low water                                                                                                                       secure. Courts              as for               for
                                                                                              and mean high water.                                                                                                                         have power to               public               potential
                                                                                                                                                                                                                                           enforce.                    access are           impacts,
                                                                                                                                                                                                                                                                       identified           including
                                                                                                                                                                                                                                                                       by                   secondary
                                                                                                                                                                                                                                                                       Department           and
                                                                                                                                                                                                                                                                       of                   cumulativ
                                                                                                                                                                                                                                                                       Conservatio          a.
                                                                                                                                                                                                                                                                       n and
                                                                                                                                                                                                                                                                       Recreation.




















                                                                                                                                                                                            `... ....... -"* ... ........                                                                                      .......

                                               ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                                                                                                                                                      65








                                                                                                                                                                                                                                                                              SUBMERGED LANDS STUDY


                                                                              . ............. ...............                          . ....................
                                                                                                                                                 ....................
                                                                                 ....... ...... ...........




                                                     VIRGIN                Department            Virgin Islands Code - Open               No abridgement of                     File application,                                                   Enforcement                  Beach                Territorial
                                                     1SLANDS               of Planning           Shorelines Act 6/3/71. Also              vested rights prior to                demonstrate legal                                                   officers and                 developmen           Pollution
                                                                           and Natural           Coastal Zone Management                  effective date (1978).                interest in property,                                               environmental                ts and               Control
                                                                           Resources             Act, October, 1978.                      No requirement to secure              classification of                                                   specialists patrol           hotels and           Act 1972
                                                                                                                                          approval for                          project as                                                          regularly. Random            in most              - water
                                                                                                 Open Shorelines defined as               development if all                    major/minor,                                                        inspections                  cases, deed          quality;
                                                                                                 along the coastlines from                required permits were                 Environmental                                                       conducted                    a 20'                permits
                                                                                                 the seaward line of low                  obtained and                          Assessment Report                                                   weekly.                      easement             under
                                                                                                 tide, inland 60% or to                   construction has begun.               lif major) drawings,                                                Developers     can be        (perpendicul         Territorial
                                                                                                 extreme seaward boundary                 Some cases were                       maps, project                                                       shut down at any             ar                   Pollutant
                                                                                                 of natural vegetation                    required to submit sworn              summary, fee, public                                                time for non-                accessway)           Discharge
                                                                                                 spreading continuously                   affidavit.<that structure             notice.                                                             compliance.                  for public           Eliminatio
                                                                                                 inland; or to a natural                  was in place prior to                                                                                     Application                  use.                 n System
                                                                                                 barrier; whichever is                    enactment.                                                                                                provision allows             Developers           regulate
                                                                                                 shortest distance. Whether                                                                                                                         preliminary site             of PUD's             discharge
                                                                                                 filled or dredged, boundary                                                                                                                        inspection and               required to          of
                                                                                                 remains @ line of                                                                                                                                  monitoring.                  reserve              pollutants;
                                                                                                 vegetation. Coastal Zone                                                                                                                                                        40% for              ambient
                                                                                                 means land and water areas                                                                                                                                                      recreation           monitoring
                                                                                                 to outer limits of territorial                                                                                                                                                  and                  program
                                                                                                 sea.                                                                                                                                                                            common               conducts
                                                                                                                                                                                                                                                                                 open space.          regular
                                                                                                                                                                                                                                                                                 Open                 waterbody
                                                                                                                                                                                                                                                                                 shorelines           monitoring
                                                                                                                                                                                                                                                                                 Act                  . Earth
                                                                                                                                                                                                                                                                                 guarantees           change
                                                                                                                                                                                                                                                                                 access to            permit
                                                                                                                                                                                                                                                                                 water's              are issued
                                                                                                                                                                                                                                                                                 edge and             for
                                                                                                                                                                                                                                                                                 50' inland           property
                                                                                                                                                                                                                                                                                 from low             clearing.
                                                                                                                                                                                                                                                                                 tide line.           An
                                                                                                                                                                                                                                                                                 Plans are     to     inspection
                                                                                                                                                                                                                                                                                 recapture            is
                                                                                                                                                                                                                                                                                 access via           conducted
                                                                                                                                                                                                                                                                                 eminent
                                                                                                                                                                                                                                                                                 domain,
                                                                                                                                                                                                                                                                                 easements,
                                                                                                                                                                                                                                                                                 dedication.















                                                                                                                                                                                                                                X                        ......... .... ........... .......
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                                                ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES/ STATE LANDS DIVISION                                                                                                                                                                                                      66







                                                                                                                                                                                                                                                                                                  SUBMERGED LANDS STUDY



                                                         ..... ....


                                                                                                                                                                  .... .                                              .. ... ...                                                      ..... .
                                                                                                                                                                                                                      .......     ...
                                                                                                                                                                                                                                                                                ....... ... ......
                                                                                                                                                                                                                                          ............ ...

                                                                                                                                                                                        ....   ........
                                                                  .......                                                                                                                                ......                           ...........
                                                                                                                                                                                                                               .......               ....
                                                                                                                              ..................
                                                                                                                                                                                                                                          ...........       .. ........
                                                                                                                                                                               .. ........
                                                                                                                                                                                                                                                                   ......  ...                          .... ..
                                                                                                                                                                                                                                                                        .......                                    ...
                                                                                                                                                                                                                                          ...........
                                                                                                                                 ..........                                                           ..........
                                                                                                                            . ...........                                                             .. ... .                            ...........
                                                                                                                                                                                                                                .. ... ...              ..
                                                                                                                                                          .. ...... ....

                                                         ............

                                                         ...........                                                                                                                                                                      ............
                                                                  %. . ....                                     ...              ..........               ...                                         ..... .. ..                                                        . .. ....
                                                         .......... ....                                                                                                                                                                  ... .........
                                                                                                                                                                                                                                          .............        ............
                                                         ............                                                  K.                                                                                                                 ................
                                                                                                                                                                                                                                          ........... .
                                                         ..........                                                              ............                                                                                             .... ...........         ....
                                                         ...........                                                                                                                                                                      ................
                                                                                                                                                                                                                                                                     ...       ........
                                                                                                                                 ...... ...                                                           ..........
                                                         ..........                                                                                                                                   ..........                          ..............
                                                                                                                         ... ........
                                                         ............. ....                                                      .. . ...                                                             ........ .                          ...........              ....        ........:
                                                                                                                                                                                                                                          .............
                                                                                                                                 ...........                                                                                              ................
                                                         ..........
                                                         ............
                                                         .........       . . .



                                                         Cumberland Law Review, Samford University, Volume 20, Number                                                                                          2, 1989-1990 "Private Property Owners Hold Their Ground Under
                                                         Alabama's Public Trust Claim to Tidelands" - law student comment.
                                                         Documents, policies, and public information publications from the following state agencies and entities have been reviewed.

                                                                         State of Alaska, Department of Natural Resources, Division of Land
                                                                         State of California, State Lands Commission
                                                                         The University of Connecticut, College of Agricultural and Natural Resources, Coastal Resource Development Sea Grant Marine
                                                                         Advisory Program
                                                                         State of Delaware, Department of Natural Resources
                                                                         State of Florida Department of Environmental Regulation
                                                                         Government of Guam, Bureau of Planning
                                                                         Illinois Department of Transportation, Division of Water Resources
                                                                         State of Louisiana, State Land Office
                                                                         State of Maine, Department of Conservation
                                                                         The Commonwealth of Massachusetts, Executive Office of Environmental Affairs
                                                                         State of Mississippi Bureau of Marine Resources
                                                                         Michigan Department of Natural Resources
                                                                         State of New Hampshire, Office of State Planning
                                                                         State of New York, Department of State
                                                                         State of New Jersey, Department of Environmental Protection
                                                                         State of North Carolina, Department of Environment, Health, and Natural Resources
                                                                         Ohio, Department of Natural Resources
                                                                         Commonwealth of Pennsylvania, Department of Environmental Resources
                                                                         Departamento de Recursos Naturales, Puerto Rico
                                                                         State of California, San Francisco Bay Conservation and Development Commission


                                                                                                                                                                                                                                          ...................


                                                         ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                                                                                                                                                                                  68








                                                                                                                                   SUBMERGED LANDS STUDY


                                                                                                            ................. ......
                                                   ........ ...........



                                South Carolina Council
                                The State of Rhode Island Coastal Resources Management Council
                                Commonwealth of Virginia, Council on the Environment
                                Government of the United States Virgin Islands
                                Washington State Department of Ecology
                                "Oil and Gas Leasing Regulations" Bureau of Land Management, Code of Federal Regulations, Title 43, Parts 3000, 3100-3150
                                as of September 15, 1988.
                                "Abandoned Shipwreck Act Guidelines", Department of the Interior National Park Service, CFR Vol.55 No.233. December 4, 1990.
                                "Permitting Procedures for Private Floating Docks" - Mobile District, Corps of Engineers, August 13, 1987.
                                "Shoreline Management at Civil Works Projects" - U.S. Army Corps of Engineers, October 31, 1.990.
                                Tennessee Valley Authority - Approval of Construction in the Tennessee River System and Regulations of Structures, February
                                15, 1978.


                        O'Dell, Robert and Howorth, Laura S. "Alabama Tidelands After Phillips Petroleum v. Mississipp : Time to Reinvigorate the Public Trust"


                        Pogue, Pam. "Coastal Confrontations: Whose Shore is it, anyway?" URI Coastal Resources Center. Nor'easter Volume 3 number 1,
                        Spring, 1991.


                        Proceedings of 10th Annual "Submerged Lands Management Conference", Biloxi, Mississippi, 1991:
                                "Aquatic Lands Issues of the 1990's" by Ron Swanson, Director, Division of Land Department of Natural Resources, State of
                                Alaska.
                                "Preparation for User Fee Schedule in North Carolina", by P. A. Wohciechowski, Director, Submerged Lands Program, North
                                Carolina Division of Marine Fisheries.
                                "Texas Preparation for Coastal Zone Management Act Approval", by Salley Davenport.
                                "Politics and the Public Trust Doctrine", by David Slade, General Counsel Coastal States Organization.
                                "Submerged Lands In the Province of Ontario", Ministry of Natural Resources.
                                "Limits of Riparian Rights", by George M. Cole, PE, PLS, Florida Engineering Services Corporation.
                                "Washington State's System of Harbor Areas", by Ann J. Morgan, Manager, Division of Aquatic Lands, Washington State
                                Department of Natural Resources.
                                "Protection and Preservation of Shipwrecks on State Submerged Lands" by Michele C. Aubry, National Park Service.
                                "Beach Access in the 1 990's", by Allen Jernigan, Special Deputy Attorney General, North Carolina Department of Justice.


                        Proceedings of "States Organization for Boating Access", September 28 - October 2, 1991


                                       .................................................
                                ..........           x: ... ... ..        .... .
                                          .............................                    ... ...............................
                                                                       .............                                                                        . .......


                        ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES / STA TE LANDS DIVISION                                                    69









                                                                                                                                          SUBMERGED LANDS STUDY


                                   ...............


                         "Saving Our Bays, Sounds, and the Great Lakes: The National Agenda", by Save the Bay, Inc., Providence Rhode Island.


                         Slade, David C., Esq. "Puttina the Public Trust Doctrine to Work -- The Application of the Public Trust Doctrine to the Management o
                         Lands, Waters and Living Resources of the Coastal States Coastal        States Organization, November, 1990, November,


                         Zarafonitis, Beth. "Access Study Finds Docks Questionable, Marinas OK", Soundings - Trade Only, June 1991.










































                          ............................... ... ...................................                      . . . . ......                            .............
                                                                                                          ................................


                        ALABAMA DEPARTMENT OF CONSERVA TION AND NA TURAL RESOURCES                       STA TE LANDS DIVISION                                       70



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