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What is the Public Trust Doctrine?
The Public Trust Doctrine is a legal precedent dating back to Roman times. It holds that navigable rivers, streams, wetlands, seashores and bays belong to the people.
The Doctrine declares that all of us have an unassailable right to access and use the waterfront for traditional purposes such as navigation, commerce, and fishing. A growing body of U.S. case law has expanded that definition to include the assurance of diverse recreational uses, as well as a guarantee of the protection of habitats and natural systems.
According to the evolving body of modern law defining the Public Trust Doctrine, government – especially state government- acts as a public trustee. Under the Doctrine, states must ensure and protect the public's right to freely access, use, and enjoy navigable waters and the lands
beneath them.
A Secret Weapon for Environmental Activists
The Public Trust Doctrine has been referred to by some legal experts as a secret weapon for environmental action. It gives activists a tool with which to challenge legislative and administrative decisions harmful to rivers and bays.
The single most important feature of Public Trust law is its ability to override prior legal claims. As a result, water rights that are demonstrably harmful to a navigable river or estuary can be set aside by application of the Doctrine, regardless of how
old those prior claims may be. Thus the rights claimed by developers denying access or polluters preventing fishing are superceded by the Public Trust Doctrine.
It's important to note that the Public Trust Doctrine says that the tidal waters, waterfront resources, and wetlands held by the states in trust for the people even include lands that are privately owned. While the state can lease or sell tidally flowed
lands, it can never sell the public's rights in those lands; and, indeed, is duty bound to take steps to protect those rights. Another key point: the jurisdiction of the Public Trust Doctrine generally extends to all lands below
the historic mean high tide line. This means that bulk headed lands, or wetlands and tidal areas filled-in at any time in the past are protected under the
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Other links to informative access information
Winter, 2000-2001
For The Good of The People
APPLICATION TO LANDS AND WATERS IN THE SOUTH SHORE
Navigability: It's not just for breakfast anymore!
THE REGULATION OF COASTAL RES0URCES:
Expand Public Use and Enjoyment of the Estuary |
