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Private or public shore line? sandbars?

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  • Private or public shore line? sandbars?

    Just a hypothetical question that I have not found the answer to on google.
    Where does the public water end, and private shore line begin?
    Is a sandbar that is under water at high tide, yet exposed at low tide,, Public or private,, assuming the sandbar is connected to shore line at low tide?

    Not looking to go out trespassing,, But as I venture south on the Pax, I see many exposed sand bars that look like they may be slightly isolated from the main shore at high tide.


    Thanks,
    Slack
    Captian of the plastic Navy
    1 - Mad River Canoes
    1- Tarpon 120
    1- Redfish 10
    1- Coosa HD
    2- Cuda 12
    1- Slayer Propel 10

    http://reoservicesofmaryland.com/

  • #2
    I always thought the property is the contiguous land visible at mean low tide. That being sad, I also believe Maryland maintains a 6’public easement on all inland waters.
    ...but I have not researched this...


    Sent from my iPhone using Tapatalk
    2018 Hobie Outback (seagrass)
    Old Town Camper Canoe (red)

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    • #3
      My understanding is that the waters of the state (public waters) in tidally influenced areas extends to the mean high tide line. I found this rather detailed reference that talks about it https://www.alta.org/media/pdf/CH09.pdf. Look at the last paragraph on the first page.

      During the 1980s, I worked for MDE in the industrial wastewater discharge permit program. We used the mean high tide principle in all of our decisions, except for one. We were reviewing the impact of discharges from a poultry rendering plant in Hurlock, MD. The discharge went into a dammed up pond called Higgins Mill Pond. In our discussions with the property owner surrounding the pond, we told her that the state owned the land under the pond. She disagreed and told us that the property had a colonial era deed that gave them control over the land beneath the pond. That was the only case I ever heard of that did not follow the basic mean high tide rule.
      John Veil
      Annapolis
      Native Watercraft Manta Ray 11, Falcon 11

      Author - "Fishing in the Comfort Zone" , "Fishing Road Trip - 2019", "My Fishing Life: Two Years to Remember", and "The Way I Like to Fish -- A Kayak Angler's Guide to Shallow Water, Light Tackle Fishing"

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      • #4
        Thanks for the info,,
        BUT - I guess what shocks me is, as the "Public" we have allowed "Industrial Wastewater Discharge" into our streams, rivers, oceans. That disgusts me to no end that humans are that short sighted.


        Originally posted by J.A. Veil View Post
        My understanding is that the waters of the state (public waters) in tidally influenced areas extends to the mean high tide line. I found this rather detailed reference that talks about it https://www.alta.org/media/pdf/CH09.pdf. Look at the last paragraph on the first page.

        During the 1980s, I worked for MDE in the industrial wastewater discharge permit program. We used the mean high tide principle in all of our decisions, except for one. We were reviewing the impact of discharges from a poultry rendering plant in Hurlock, MD. The discharge went into a dammed up pond called Higgins Mill Pond. In our discussions with the property owner surrounding the pond, we told her that the state owned the land under the pond. She disagreed and told us that the property had a colonial era deed that gave them control over the land beneath the pond. That was the only case I ever heard of that did not follow the basic mean high tide rule.
        Captian of the plastic Navy
        1 - Mad River Canoes
        1- Tarpon 120
        1- Redfish 10
        1- Coosa HD
        2- Cuda 12
        1- Slayer Propel 10

        http://reoservicesofmaryland.com/

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        • #5
          I've always heard the same as John, below the high tide line is public, above is (or can be) private.
          Dave

          2021 Hobie Outback Camo
          2013 Native Slayer Hidden Oak

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          • #6
            Agreed. If you want resources to prove you right/archive for potential dispute check this page: https://dnr.maryland.gov/criticalare..._tidal_wl.aspx
            -Justin

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            • #7
              Originally posted by Slackdaddy View Post
              Thanks for the info,,
              BUT - I guess what shocks me is, as the "Public" we have allowed "Industrial Wastewater Discharge" into our streams, rivers, oceans. That disgusts me to no end that humans are that short sighted.

              The Clean Water Act, adopted by the U.S. Congress in 1972, established a formal program for regulating wastewater discharges from industrial operations and from sewage treatment plants. The regulatory agencies in the federal EPA and the state environmental agencies follow regulations and guidelines for determining the quality of the wastewater that can be discharged. Wastewater is treated before being discharged and is subject to monitoring and reporting. Discharging treated wastewater into water bodies is often the most environmentally sound way of managing those byproducts.
              John Veil
              Annapolis
              Native Watercraft Manta Ray 11, Falcon 11

              Author - "Fishing in the Comfort Zone" , "Fishing Road Trip - 2019", "My Fishing Life: Two Years to Remember", and "The Way I Like to Fish -- A Kayak Angler's Guide to Shallow Water, Light Tackle Fishing"

              Comment


              • #8
                Thanks,
                That pretty well clears it up and answers my question.

                Originally posted by thedutchtouch View Post
                Agreed. If you want resources to prove you right/archive for potential dispute check this page: https://dnr.maryland.gov/criticalare..._tidal_wl.aspx
                Captian of the plastic Navy
                1 - Mad River Canoes
                1- Tarpon 120
                1- Redfish 10
                1- Coosa HD
                2- Cuda 12
                1- Slayer Propel 10

                http://reoservicesofmaryland.com/

                Comment


                • #9
                  Keep in mind, an angry land owner with a shotgun might not care about your documentation.

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