Signed by Governor Dan McKee

Vote Smart's Synopsis:

Vote to pass a bill that establishes a recognizable boundary for public shore access.

Highlights:

• Defines the recognizable high tide line as a line or mark left upon tidal flats, beaches, or along shore objects that indicates the intersection of the land with the water’s surface level at the maximum height reached by a rising tide (Sec. 2).

• Authorizes the recognizable tide line to be determined by a line of seaweed, oil, or scum found along shore objects, a more or less continuous deposit of fine shell or debris, or other physical markings or characteristics, or other suitable means that delineate the general height reached by the water’s surface level at a rising tide (Sec. 2).

• Specifies that if there is more than one recognizable line, then the recognizable tide line means the most seaward line (Sec. 2).

• Specifies that in the absence of residue seaweed or other evidence, the recognizable tide line means a wet line on a sandy or rocky beach (Sec. 2).

• Specifies that the recognizable tide line encompasses regulars spring high tide levels and other high tides that occur with periodic frequency but does not include the water’s surface level at storm surges when there is a departure from the normal and predicted reach of the water’s surface level as a result of strong winds (Sec. 2).

• Authorizes the public’s rights and privileges of the shore under the following conditions (Sec. 2):

• Where shore exists;

• On wet sand, dry sand, or rocky beach; and

• Up to 10 feet landward of the recognizable high tide line.

• Authorizes the public’s rights and privileges of the shore to not be afforded (Sec. 2):

• Where no passable shore exists; and

• On land above the vegetation line, lawns, rocky cliffs, sea walls, or other legally constructed shoreline infrastructure.

• Prohibits the public from using privately owned amenities, including, but not limited to (Sec. 2):

• Cabanas;

• Decks; and

• And beach chairs.

• Authorizes liability limitations to any landowner whose property abuts the shore (Sec. 2).

• Requires that in collaboration with the Department of Environmental Management (DEM), the Coastal Resources Management Council (CRMC) must develop and disseminate information in order to educate the public and property owners about the rights in this section (Sec. 2).

• Requires that the CRMC, DEM, and attorney general determine appropriate language and signage details for shoreline locations (Sec. 2).

Full Bill Text