Boundaries of the coastal zone a survey of state laws

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

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BOUNDARIES OF THE COASTAL ZONE: A SURVEY OF STATE
LAWS

J.MICHAEL ROBBINS* and MARC J. HERSHMAN**

A bstract A survey of coastal state legislation reveals several
types of statutes affecting activities occurring in coastal regions:
coastal management statutes, wetland statutes, and shoreline stat-
utes. Each coastal state has adopted methods to delineate coastal
areas or features, whether an entire coastal zone, a limited feature
such as wetlands, or shorelands. Boundary delineation is done ac-
cording to linear measurements, political boundaries, roads and
highways, vegetation, elevation, tidal flow, and other factors. An
appendix is provided containing state statutory provisions relating to
boundary-delineation techniques.

Definitive inquiry into the natural processes, benefits, and characteristics of
the coastal zone began in earnest on a national level in 1968, when the coastal
zone as an area of special concern was noted in the annual report of the National
Council on Marine Resources and Engineering Development.' Impetus was
added the following year with publication of the report of the Commission on
Marine Science, Engineering and Resources entitled Our Nation and the Sea
("Stratton Report").2
During this same period, a series of studies were conducted under the
auspices of the United States Department of the Interior. These studies con-
cerned all aspects of estuarine areas, from biological and physical regimes

*Research Associate, L.S.U. Sea Grant Legal Program; member, Louisiana State Bar Associa-
tion. Research for this article sponsored in part by the National Sea Grant Program
(National Oceanic and Atmospheric Administration, U.S. Department of Commerce).
**Research Director, Coastal Resources Law, L.S.U. Sea Grant Legal Program; and Assistant
Professor of Law and Marine Science, L.S.U.
'John M. Armstrong (ed.), Dimensions of Coastal Zone Management {Ann Arbor, Michigan:
Advisory Services Division of the University of Michigan Sea Grant Program] 19 (1972).
'United States Commission on Marine Science, Engineering and Resources, Our Nation and
the Sea [Washington: Government Printing Office], 1-305 (1969) [Hereinafter Stratton
Reportj .

Coastal Zone Management Journal, Volume 1, Number 3
Copyright 0 1974 by Crane, Russak & Company, Inc.
305

J. MICHAEL ROBBINS AND MARC J. HERSHMAN

Illrough socioeconomic development, and were compiled into the National
:'stuart' Sludy3 and tile National t'stluarine Pollution Stud 1.4
The Stratton Report and the two studies compiled by the Interior Depart-
ment stated the principal concerns regarding coastal environments. These con-
ceCini and others were combined in the Federal Coastal Zone Management Act
('tM A).' This act provides monetary grants to coastal states to assist in the
development of coastal zone management programs.6 However, these Federal
,ra:ls will not continue unless six mandatory provisions are contained in the
state program.? This survey is concerned only with the first provision, which
icqluires that the state program include: "an identification of the boundaries of
the coastal zone subject to the Istate] management program."8
T'lhe ('ZMA offers little guidance in defining the coastal zone. Coastal zone is
IJscl ibed as:

"The coastal waters (including the lands therein and thereunder) and the
adjacent shore lands (including the waters therein and thereunder), strongly
iinfluencedl by each other and in proximity to the shorelines of the several
coasi,Jl stales, and inchlules transitional and intertidal areas, in Great Lakes
waters, to the international boundary between the United States and Canada
allnd. in other areas, seaward to the outer limit of the United States territorial
sea. The zone extends inland from the shore lines only to the extent
ne'essary to control shorelands, the uses of which have a direct and signifi-
cant impact on the coastal waters. Excluded fromn the coastal zone are lands
the use of which is by law subject solely to the direction of or which is held
in trust by the federal government, its officers or agents."9

The act is open as to precise limits because Congress intended that individual
coastal states determine more precisely their own coastal zone boundaries.
Federal rules and procedures for qualifying for development grants expressly
state:

"The definition of the coastal zone in the Act recognizes that no single
geographic definition will satisfy the management needs of all coastal States,
because designation of the coastal zone for management purposes must take
into account the diverse natural, institutional, and legal characteristics that

United States Department of the Interior, National Estuary Study, reprinted as H.R. Doc.
374 and 286 IWashington: Government Printing Officel 1970.
4lUnited States Department of the Interior, National Esluarine Pollution Study [Washing-
ton: Government Printing Officel 1970.
('ouastal Zone Management Act of 1972, P.L. 92-583, 86 Stat. 1280, 16 U.S.C. 1451 et seq.
Thlid., 16 U.S.C. 1456 (Supp. 11 1972).
7/d., 16 U.S.C. 1455 (Supp. 11 1972).

'Id., 16 U.S.C. 1454 (Supp. 11 1972).

COMMENTS 307

are subject to decisions made in fulfillment of other requirements of the Act
and this subpart.... 10

The purpose herein is to present state approaches which identify the boundaries
of, or describe certain features of, the coastal zone. Many states have not yet
enacted legislation dealing specifically with the coastal zone as anticipated under
the CZMA. Therefore, definitions concerning wetlands and other coastal features
are used. These other definitions are found primarily in dredge-and-fill legisla-
tion, sile-selection laws, and certain zoning provisions.''
A close reading of the definition of coastal zone in the CZMA indicates that
three aspects of the coastal zone should be identified in any subsequent state
legislation seeking management program development grants. First, there must
be a seaward limitation of the coastal zone not to exceed the outer limits of the
territorial sea. Second, there should be an identification of coastal formations uo
physical features present in the coastal zone. Third, and perhaps most critically,
a state should clearly and precisely establish the inland boundary of its coastal
zone. It is principally within this latter context that state legislation defining or
affecting the coastal zone is examined in the following sections.?2
Thirty states, seven United States territories,'3 and the commonwealth of

to Final rules, Coastal Zone Management Program Development Grants, 15 C.F.R., Pt. 960,
N.O.A.A., Dept. of Commerce, 38 F.R. 33043 (Nov. 29, 1973) IHereinafter Final Rulesl .
" This article was designed to present a wide spectrum of boundary delineation techniques
used in coastal regions. Many state statutes have been enacted to handle certain aspects of
coastal zone use, including criminal jurisdictional provisions, submerged lands legislation,
and water pollution laws. It would have been impossible to locate every state statute which
directly, or indirectly, might have affected the state's particular coastal area. Therefore, we
selected state laws enacted in recent years which cover generic coastal zone management
problems. It is believed that the types of statutes researched and the delineation techniques
discussed are sufficiently broad to cover the available methods a state might use in defining
the boundaries of its coastal zone.
" There are many ways to classify the boundary delimitation method employed by coastal
states. For instance, one technique would be to use particular characteristics adopted by
states (such as elevation, vegetation, or political boundaries) and group them according to
similarities. This would take into consideration all types of state statutes which affect the
coastal area. Another, the approach used here, is to view the general purpose for which the
law was enacted and the boundary delineation technique used for that particular type of
statute. The difficulty of classifying boundary delineation techniques stems from the
different types of statutes passed by states, each of which affects different types of coastal
resources (wetlands, beaches, shorelines). Once all states have a coastal zone bounded under
the CZMA, a much more meaningful comparison can be made.
"3 The seven United States territories include the following islands: American Samoa, Guam,
Johnston Atoll, Midway Islands, Navassa Island, Virgin Islands, and Wake Island. Two other
political entities are also under partial jurisdiction of the United States. These are the
Panama Canal Zone, which is a territory under United States jurisdiction and control, and
the Trust Territory of the Pacific Islands, which is a United Nations trusteeship administered
by the United States.

J. MICHIAE:L ROBBINS AND MARC I. HERSHMAN

11tietto fail hi rld'r on1 i he oceans or tile Great Likes. Some began legislative
piotection of their coastal areas eveti before passage of dhe CZMA. Today, nearly
every coastal state has enacted statutory Provisions to plan, regulate, or manage
aspecls ol 1hlen coastal environments.
A coastal tatle mnatrix (Appendix A) has been prepared identifying types of
lcgIsJ.l..Ion a flt nig activities likely ito occur ini the coastal region. included in
11kv nutrix at,- sciccied coastal features which have been defined by various state
Likks and div method adopted by each state it.) designate inland and seaward
CiaStal1 bouitmlries. Pertinent sections of each state statute which defines or
describes the coastal Zone appear alphabetically by state in Appendix B.

Seaward Bounidaries
Willi tile Passatge of tile Submerged Lands Act 14 in 1953, Congress con-
firined, greanted. and qttitclaimed to each coasial state the land, minerals or other
natural resources underlying inland navigable waters, and ocean waters for a
cci lanki distance seaward of each state's coastline, tinder the terms of that act,
tile Atlanlic and Pacific coastal states were limited to seaward boundaries of' 3
geoIraphical aniles. " Great La kes states were permitted jurisdiction contermin-
*Q l, wit It tihe inter national boundar-y between thle United States and Canada .'
Si taes Ilk thle Gulf, 01 Mexico region were Pei irnitte tile opportunity to prove a
right it) 3 leagues."' Only Texas'8 and Florida'9 have been successful in
establishing a gult~'ard boundary al this 3-league mark. However, regardless of
[lie outcomre of cuirrent Submerged Lanidb Act litigation relating to seaward
boundarfies. Congress clearly restricted seaward limits of state coastal zones
Lindei tihe Coastal Zone Management Act to tihe outer limits of the United States
tcli normal Scab. 21

Subl~meraed I.ands Act, 67 Siat. 29. 43 U.SC. 13t1-1 315 (1970).
Id., 4 3 U.S.C(. 130 2 ( 1970).

'~United Siates %,. Louisiana, et al., 363 U.S. 1, 136-140 (1960).
Id., at 147-148.
16 U-S C 1454 t5u.upp. 11 1972). With regard to tile territorial sea, the past policy of the
ki tined Smame- has heo i t) limit these seas to a breadth of three nautical miles from the
baselimme as% dtmimitnedl tender the 19514 Geneva C'onvention on the Territorial Sea and tile
,mamiu..us Lonec, ,Amw All,. 29. 195h. (1964) 2 U.S.T. 1606, T.I.A.S. No. 5639, 516
tiN I w t ilt on mct- tr tJ.S. Sept. Itt, 1964). However, the United States is liltely to
"X~efd theirl territorlil seas polty ito twelve miles as is indicated from the draft articles
LIbItIiii td for conskderation at thle forthcomning Third United Nations Conference on the
I'aw (it tile Sea. Article I of thiat proposal states the following:
1. aci State shall[ have tile foilh, stabject to the provisions of Article 11, to eastablish
tlme breamdil of its territorial sea within limits of no tnore than 12 nautical miles,
mineasitred in accordance withr tile provisions of tihe 1958 Geneva Convention on thle
I itjiiiiima Sea and Contiguous Zone.
2 lit instancees where tihe breadth of the territorial sea of a State is less than 12

COMMl NTS 30;)

All coastal states are free to establish their seaward coastal zone boundaries
accold iln g to any nelll Illhey clhoose. However, those states which enacted the
morle comprehensive coastal zone legislation simply extended the seaward houn-
dary to tile limits of their territorial jurisdiction.21

Coastal Features and Inland Boundaries
'Tlhe second and third aspecls of the coastal zone include coalstal features and
inland boundaries and are covered simultaneously. This is necessary because
manly states use coastal feattires in describing, as well as delimiting, their coastal
/ones. Also, a ulliunher of s;iles have statutes which relate to wetlands, marsh-
lands, or oilier types ol' coastlal features, rather than a specific coastal zone. The
Slratton Report, the C'oastal Zone Maniagemlent Act, and the recently promlul-
g;lted rilles ;alll n Ilocedl resl r Il ohlaitllilg devel plnIeli grants suggest guidelines
for inland delimitation )1' tile coastal zone. In the Stratton Report, it is
suggested that tile minimum inland boundary could be the landward extent of
the lidal waters along thle coast.22 The final rules and procedures for obtaining
grants. promulgated by the Office of Coastal Zone Management. National Oceanic
and Atmospheric Administration, offer several factors which should be considered
by the state when establishing inland coastal zone boundaries.23 These sugges-
tions are not specific and ultimately leave inland boundaries to the determina-
lion of individual states.
For purposes of this discussion, state legislation has been divided into three
subsections: coastal management statutes, wetlands statutes, and shorelands
statutes. Coastal management statutes are found in ten states which define a
coastal zone or coastal area. Most of these states have enacted legislation
specifically designed to comply with CZMA grant provisions.
Wetlands statutes are found in states which have legislation relating to coastal
wetlands or marshlands, without specifically seeking to develop comprehensive
coastal Ianagemlent programs.
Shorelands statutes include primarily legislation in Great Lakes states which

nautical miles, such State may estahlish a fisheries zone contiguous to its territorial sea
provided, however, that tlhe total breadth of the territorial sea and fisheries zone shall
not exceed 12 nautical miles. Such State may exercise within such a zone the same rights
inl respect to fisheries as il has in its territorial sea. Draft Articles on the Breadth of the
Territorial Sea, Straits, and Fisheries Sulnitted to Sub-Committee 11 by the United
States of America, U.N. Doc A/AC. 138/SC. II/L.4 (1971). From Knight, Thle 1971
United States Proposals on tile Breadth of the Territorial Sea and Passage Through
International Straits, 51 Ore. L. Re). 729, 760 at fn. 6.
" Ala. Act 1274-1973; Calf., 3 Pub. Res. Code 27000 et seq. (Deering 1973); Del., 7 Del.
C.A. 7001 et seq. (1972); Fla., Fla. Stat. Ann. 370.0211 et seq. (1960); La., I.a. Rer. Stat.
,Aln. 51:1361.; Ore.. Act 608-1971; R.I., R.I. Gen. Laws. Ann. �2-1-13 to 2-1-17 (1965);
'ex., Vernon's Ann. Civ. Stat. art. 5415e-1 et seq. (Suppl. 3. 1973).
22 SIratton Report, p. 5 .
3 Final Rlhdcs. 15 C:I R. 960.1 1.

31U J. MICHAEL ROBBINS AND MARC J. HERSHMAN

regulates cettain aspects of their lands bordering on the Great Lakes. None of
these have cnaclted coastal zone management legislation. Washington and Hawaii,
;Illhough included in the final two subsections, have legislation which is not
;lsil) l categoi/zed. New Jersey, Maine, and Rhode Island also are discussed under
two subsectlions because they have more than one statute which designates a
spctil'ic coastal i;,a le t reguilation.

Co slal atiSanhetenn Slaltutes
[fighll of the ten state statutes presented in this subsection have been enacted
to accommodate hec federal act. They refer to the coastal zone variously as
"cxoastal zone." "I:oastal wetlands," or "coastal area." Several approaches, or
comniltattons ot approachles, have been used to designate inland boundaries of
these coastal regions.
Louisiana24 and Florida25 use the extent of maritime or marine influences as
the landward boundary in their planning statutes. Both identify certain coastal
formalinons, sulch as bays, estuaries, and lagoons, to illustrate what are considered
nitlinial "'ntluencLcs." The planning commissions for both states said there was
somne difficulty involved in delimiting an area which was so vaguely defined.26

"' I.aR KR at. Sl nn. 51:1361.
" E1xi. Stil. Ann. � 370.021 I.
'" L ouisiana created a two-year Advisory Commission on Coastal and Marine Resources
(I AC('MR1 to prepare recommendations for a comprehensive coastal management plan.
liher recoinmendations were completed in September, 1973, and are embodied in the
report entitled Loutisiana Wetlands Prospectus.
During the Commission's first meetings, the impracticality of settling and defining
imply '"marine influences" became readily apparent. LACCMR originally considered as the
inland boundary U.S. 190, an east-west highway that nicely divided the entire coastal region
ol I.louisiana from the rest of the state. However, it was discovered that some of these areas
were not coastal. Also, by dividing parishes in such a manner there became evident the
likelihood of jurisdictional and enforcement problems. LACCMR also recognized that many
activities arising distinctly beyond the coastal zone in other areas of the state could have a
direct and significant impact on the coastal zone. The Commission finally resolved the
prohient by recommending a two-fold boundary approach. The coastal zone for planning
purposes would consist of twenty-six coastal parishes in which one or more of several
coastal teaturcs or influences could be traced. These coastal parishes constitute approxi-
inalely one-half of the total number of parishes in the state. The jurisdiction of any coastal
zone management commission (LACCMR suggested creating a single Coastal Resources
('ollmission) was recommended to be statewide for all uses of lands and waters outside the
colstial zone which might measureably alter or adversely affect the coastal zone.
I:lll ida's Coastal Coordinating Council, directed by Mr. Bruce Johnson, found that such
an ..res defies delineation. This Council was assigned the arduous task of delimiting maritime
influences along Florida's hundreds of miles of Atlantic and Gulf coasts. After discarding
use of salt-water flow, the Council found that such physical terms as drainage basins, flood
zones, ancient shorelines, salt-water-fresh-water interface, or any other strictly physical
consideration did not include compatible socioeconomic data. Stating that such data was an
absolute necessity, "it was decided to use physical characteristics in combination with

COMM .NTS 311

Alabama27 copies much of its definition from the CZMA and the Mississippi
wetlards law,28 neither of which is any more precise than the laws of Florida
and LUuisiana. The Alabama coastal area inland boundary is denoted as "inland
from the shorelines ... to the extent necessary to control shorelands. . ..29. It is
probable that Alabama, whose act tecame effective on February 21, 1974, 3
will experience the same difficulty in determining the inland boundary for
management purposes met by Louisia.la and Florida.
The new Wetlands Law31 of Missifsippi describes that state's coastal wetlands
as all publicly owned lan Is subject to the ebb and flow of the tide and situated
below ordinary high tidt:. Also included as coastal wetlands are all publicly
owned accretions above the high water mark. A lengthy section in the act
provides exemptions for a large number of coastal interests, including coastal
wetlands within 5 feet of private pro?erty.32 However, all persons exempt from
the regulatory provisions are required to follow the policies set forth in the
Wetlands Law and to advise the appropriate State agency33 of the proposed
activity. Similarly, Alabama provides a number of exemptions from its new
law.34
Texas passed a Coastal Public Lands Management Act35 which defines its
coastal area as comprising all counties having any tidewater shoreline, including
the bed and waters of the Gulf of Mexico within Texas jurisdiction.36
The Coastal Zone Act37 of Oregon uses coastal counties to designate the
coastal zone, which is divided into four districts.38 Oregon and California39

boundaries of selected Census Enumeration Districts." Defined in this way, Florida's coastal
zone has an inland boundary varying from two to twenty-five miles from the coastline, with
the seaward boundary being the limit of Florida's territorial sea.
B. Johnson, "The Role of State Government in Coastal Management Mapping-Florida,
A Case History," in Proceedings of a Symposium on Coastal Mapping, American Society of
Photogrammetry, Potomac Division (Falls Church, Virginia: American Society of Photo-
grammetry, 1972), pp. 40-41.
" Coastal Area Act, Ala. Act 1274 of 1973.
" Miss. Code Ann. �49-27-1 et seq.
'9 Coastal Area Act, �3, Ala. Act 1274 of 1973.
I� d., �11.
"' Miss Code Ann. � 49-27-5.
32 Id., �49-27-7.
33 Id.
34 Coastal Area Act, �4, Ala. Act 1274 of 1973.
3s Tex., Vernon's Ann. Civ. Stat. art. 5415e-l et seq. (Supp. 3; 1973).
36 Id., art. 5415e4.
" Coastal Zone Act, Ore. Act 608 of 1971.
3Id., �4.
39 Calif., 3 PubL Res. Code 27000 et seq. (Deering 1973).

31 2 J. MICHAEL ROBBINS AND MARC J. HERSHMAN

both define the eastern or landward boundaries of their coastal zones as the crest
or highest elevation of the coastal mountain range. Both definitions have
exceptions which designate a slightly different eastern boundary in three
areas,40 but none affect the substantive application of the two laws. California
has also included a special interim permit area41 which differs from its coastal
zone. The California permit area is that portion of the coastal zone lying
between the seaward limit of state jurisdiction and 1,000 yards landward from
the line of mean high tide.42 Although there are certain exclusions, the law
specifically includes in the permit area tidal and submerged lands, beaches, and
lots immediately adjacent to the inland extent of any beach, or of the mean high
tide line where there is no beach.43
Delaware's Coastal Zone Act44 and New Jersey's Coastal Area Facility
Review Act4s use a landward boundary described along a highway and roads
system. Rhode Island, which was the first state to make application for federal
funds under CZMA,46 passed a Coastal Management Act in 1971.47 This act
created an agency with planning and management powers over development or
operations within, above, or beneath tidal water below the mean high water
mark, extending over land to areas necessary to conduct effective resources
management programs.48 New Jersey and Rhode Island have additional legisla-
tion pertaining to their wetlands, which are discussed below.

Wetlands Statutes
Many coastal states, which have not yet enacted coastal zone management
statutes, do have legislation pertaining to dredge-and-fill and other activities that
might occur in, or endanger, coastal wetlands and similar coastal features.'
Practically all of these use vegetation as one factor in delimiting the landward
boundaries of their wetlands or marshlands.
One of the most comprehensive definitions of wetlands is that contained in
the Tidal Wetlands Act49 of Connecticut. This definitions5 lists sixty-one
species of vegetation, including their popular and scientific names. Connecticut

40 Coastal Zone Act, �4, Ore. Act 608-1971; Calif., 3 Pub. Res. Code 27000 (Deering
1973).
4' Calif., 3 Pub. Res. Code 27104 (Deering 1973).
42 Id.
43 Id.
4, 7 Del. Code Ann. 7001 et seq. (1972).
4 Coastal Area Facility Review Act, N.J. Act 1429 of 1973.
46 5 Coastal Zone Management 7, February 13, 1974, at 1.
47 R.. Gen. Laws. Ann. �46-23-1 et seq. (Supp. 1972).
4 Id., �46-23-6B.
49 Conn. Gen. Stat. Ann. �22a-28 et seq. (1972).
SOld., �922a-29.

COMMENTS 313

also limits areas which might otherwise qualify as wetlands to those areas whose
surface is at or below an elevation of I foot above local extreme high water."s
Several other states use a similar vegetation-elevation method to define their
wetlands, although most do not use the sixty-one flora species and 1-foot
elevation of Connecticut. These states, with the number of plant species and
elevation stated in parentheses, are: Georgia (three species, 5.6 feet above mean
tide level),52 New Hampshire (seventeen species, 3.5 feet above local mean high
tide),53 New Jersey (sixteen species, 1 foot above local extreme high water),54
and Virginia (three species, 1.5 times the mean tide range at the site in question
measured from mean low tide).55
North Carolina identifies its marshlandss6 on the basis of ten vegetation
species, while New York identifies its tidal wetlands57 on the basis of physical
features; banks, bogs, salt marsh, swamps, meadows, flats, or lowlands subject to
tidal action, in addition to ten vegetation species.
Three states use a linear approach in determining the inland extent of their
coastal region. Rhode Islands8 limits its coastal wetlands to contiguous upland
areas no more than 50 yards inland from coastal wetlands. Species of vegetation
are used to determine which lands are considered coastal wetlands. Rhode Island
legislation also defines an intertidal salt marsh as, prima facie, an area supporting
one or more of nine named varieties of saline vegetation.59
Another state using a linear approach is Washington.60 Washington considers
as wetlands all lands within 200 feet in all directions from the ordinary high
water mark. Several physical features (marshes, bogs, swamps, floodways, river
deltas, and flood plains) which might be located at greater distances from
ordinary high water are also defined as wetlands.6'
Hawaii62 also uses linear measurements to delimit boundaries in its coastal
zone, both inland and seaward.63 The approaches used by Hawaii and Washing-
ton are treated more thoroughly in the shorelands subsection below.

1 Id.
" Ga. Code Ann. �45-136 et seq. (1957).
53 N.H. Rev. Stat. Ann. �483-A:l-a et seq. (Supp. 1972).
4 Coastal Area Facility Review Act, N.J. Act 1429 of 1973.
55 Va. Code Ann. �62.1-13.1 et seq. (Supp. 1970).
56 NC. Cen. Start. � 113-229 (1966) is incorporated by reference into the Wetlands Protec-
tion Act, N.C. Gen. Stat. �113-230 (1966).
57 N. Y. Env. Conserv. Law �25-0101 et seq. (McKinney 1973).
" R.. Gen. Laws Ann. �2-1-13 to 2-1-17 (1965).
Id., �2-1-14.
60 Wash. Rev. Code Ann. �90.58.010et seq. (Supp. 1971).
61 Id.
62Hawaii Rev. Stat. �205 et seq. (1950)asamended by Act 107 of 1973.
63 Id., �205-31 and 33.

314 J. MICHAEL ROBBINS AND MARC J. HERSHMAN

Massachusetts," Maryland,6s and Maine" use other criteria to define the
extent of their wetlands. Massachusetts uses physical coastal features as well as
tidal flow to describe its coastal wetlands.67 Maine and Maryland use only tidal
action or tidal flow to describe their wetlands.68 No physical features are used
in either of the last two state statutes.
However, Maryland's Wetland Act69 treats state wetlands differently from
private wetlands.7 The two types of wetlands differ primarily in ownership,
with the added requirement that private wetlands must be able to support some
form of aquatic growth.71

Shorelands Statues
Only Michigan, Minnesota, and Wisconsin of the eight states which border on
the Great Lakes have implemented legislation designed to protect their shore-
lands, whether lake, pond, flowage, river, or stream, from overdevelopment or
other significant activity. All three employ a shorelands definition that includes
all lands within a stated distance inland from the shore of a water body.
Shorelands as defined by the Michigan Shorelands Protection and Manage-
ment Act72 include lands within 1,000 feet of the high water mark of a Great
Lake or connecting waterway. However, several definitions73 in that act must be
read together to understand clearly the area intended for coverage.
Minnesotan and Wisconsin75 use practically identical language in defining
their respective shorelands. Both define their shorelands as land located within
1,000 feet of the normal high water mark of a lake, pond, or flowage, and land
within 300 feet of a river or stream. Wisconsin's Shoreland Protection Act 76
adds the provision that if "the navigable water is a glacial pothole lake, the
distance shall be measured from the high water mark thereof."77

64 Mass Ann. Laws ch. 130, �105 (1972).
65 Md. Ann. Code art. 66C, �718 et seq. (1970).
66 Me. Rev. Stat. Ann. tit. 12, �4701 et seq. (1964).
67 Mass. Ann. Laws ch. 130, � 105 (1972).
"6 Me. Rev. Stat. Ann. tit. 12, �4701 (1964);Md. Ann. Code art. 66C, �719 (1970).
69Md. Ann. Code art. 66C �718 et seq. (1970).
7 Id., � 719.
"I Id.
n Mich. Comp. Laws. Ann. �281.631 (1970).
73 Id.
I4Minn. Star. Ann. �105.485 (Supp. 4, 1973) amending Minn. Stat. Ann. �105.485
(1971).
" Wis Stat. Ann. �59.971 et seq. (Supp. 1973).
76 Id.
771d., �59.971.

(OMIMENTS 3 15

Maine, as discilus.cl above, also authorizes municipalities to zone land areas
wiltil a specified dlitance of a body of water. In Maine's case, this includes
shoreland areas wlliilnl 250 feet of the normal high water mark of any pond,
river, or salt-water h,IN!-.7
Washington and Ivwalii, as noted above, are also unique in their manner of
controlling coastal al Ilvities affecting shorelines. Washington manages its shore-
lines through the Ie, I Shoreline Management Act.79 A lengthy definition is
piovided in that st;litoc. but basically shorelines means all water areas of the
,iate, their associ;lici wetlands, and the lands underlying them. Excepted from
coverage are shorelinlle of state-wide significance, shorelines on stream segments
upstream of a point where mean average flow is less than 20 feet per second, and
lhorelines and wetlandls Dssociated with lakes of less than 20 acres.80
Tile protected shloreline area in Hawaii includes all land area between the
shoreline and the shoteline setback line.8' Shoreline is defined as the upper
reaches of the normal wash of waves or the upper line o: debris left by the
normal wash of waves. The setback line, to be established by the appropriate
state or county agency, is to run from 20 to 40 feet inland from, and parallel to.
lthe shoreline at a horizontal plane.
One provision in thile Hawaii act prohibits certain activities within the setback
Ilca and the coastal waters immediately adjacent thereto.82 More specifically,
thlc Iew Act disallow.s removal of any beach materials within 1,000 feet seaward
o( Ille setback area or in ocean water 30 or less feet in depth. The act seems to
ltoLine an area possessing inland and seaward boundaries, both of which are
declied generally according to linear distances. One new element introduced by
the Hawaiian legislation is the use of a certain water depth (30 feet or less) to
designate parts of the seaward boundary limitation.83

This article has described boundary delineation techniques used by coastal
and Great Lakes states, territories, and possessions to define protected areas
withinl the coastal and shoreland regions. As states continue the refinement or
development of coastal or shoreland management programs, previous efforts at
boundary delineation may be useful in future efforts at defining the coastal
zone.

;'c helv. Star. Ann. tit. 12, �4811 (Supp. 4, 1973).
'9 Wash. Rev. Code Ann. �90.58.010 er seq. (Supp. 1971).
no hIL. �90.58.030.
"' /lawaii Rev. Star. �205-31 (1950)asamended by Ha. Act 107 of 1973.
I dJ., �205-33.
Id

Appendix A
State Stamulor Provisions for Boundart-delineation lechnique'

'IC 4'. 'I' 'C;.'- I tfoalrane lived 1*) d.-.np.;'' I talur, 4scd I, d*1fl. s.: . adwr vuauua~r r'a'

~~~~o~~ N
,wr~~~~~~ "9 .,Z

- '~~~~~~~~~~~-
N'e% ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~4 je4' >
Oresl o n ~ ~ ~ ~ ~ 4 ., t4 ' $

Georgi~s 9 .9 ~ .9~a x. x' $ Q'Y ,.
Maine ~ ~ ~ ~ .,, Y ~ '9 *. f eX~ ~~~*f '.'~ ~
mar ~ ~ ~ -p2 ' ~ $,r -3-a ' '''

Massachusel 1 I ! I I I
New Ilamphir, _ T I x
Neu Jers IlI-- - . . .
Ne is, orl
N orthI (a. ill , iv i
Rhide s1laid i *

t.a r aMichnan e I , I
-I S Minnesota 1 I I x I I I II I ;
.Washington eoaI I lxIII xxIIi i I i i r
Wisconsin x w 11 xII

aCoastal waters includes one or more (t the following terms: coastal and tidal waters, sea, ocean. tidal flow or tidal influences, high and loa tides, wave action, marine
environment. waters and marine (r maritime influences.
hblis refers t statutes prescribing a minimum area (e.g.. ponds of ten acres or more) before the feature is to be included within the application oful the lav
'Physical Ilcatures nclude one or more of the following: marshes. bogs. swamps. Iloodways. river deltas. flood plains. streams. lakes. tidal waters. rivers, hays, sounds.
lagoons. estuaries. inlets, ocean or coastal waters, flood basins, flats, meadows, shrub swamps, wooded swamps, salt marsh. lowlands, llowage. glacial pot-hole lake, bank.
salt water, beach, island, soil typcs. and measurable quantity of sea water.
dThis term often includes lands under or adacent to tidal or tidally influenced waters.

31 X J. Nli('IIAI:l. ROBBINS AND MARC J. HERSHMAN

APPENDIX B
Stale Legislation

ALABALMA

Coastal Alca Act, Act 1274-73.

� 3. Deflinitions.
a. "C('astal area" means the coastal waters (including the lands therein and there-
tinder) ald the adjacent shorelands (including the waters therein and thereunder)
strongly iitluenced by each and in proximity to the shorelines of Alabama, and includes
transitional and intertidal areas, salt marshes, wetlands, and beaches. The area extends
seaward to the outer limit of the United States territorial sea and extends inland from
tihe shorelines only to the extent necessary to control shorelands, the uses of which have
a direct .aid significant impact on the coastal waters.

I). "Co;tal1 waters" means those waters, adjacent to the shoreline, which contain a
meassiralle quantity or percentage of sea water, including but not limited to, sounds,
bays. laigons, bayous, ponds and estuaries.

'Ai.lil RlNt A

t',at.,l Loeuc Conservation Act ut 1972, 3 Pub. Res. Code 27000 et seq. (Deering 1973).

, ' 71It0i. Coastal zone.
'l 'oastal zone" means that land and water area of the State of California from the
b,,ider of tile State of Oregon to the border of the Republic of Mexico, extending
-awald tIO the outer limit of the state jurisdiction, including all islands within the
jurilsdiclion of tile state, and extending inland to the highest elevation of the nearest
coasla.l itmountain range, except that im Los Angeles, Orange, and San Diego Counties, the
mianld I,uoundary of the coastal zone shall be the highest elevation of the nearest coastal
mlotiHlaml range or five miles from the mean high tide line, whichever is the shorter

2 7104. Permit area.
"Plermit area" means that portion of the coastal zone lying between the seaward limit
,,t Iti jurisdiction of the state and 1,000 yards landward from the mean high tide line of
Iltc sea subject to the following provisions:

.tvl Ihe area of jurisdiction of the San Francisco Bay Conservation and Development
i .,,slission is excluded.

1t,) il ally portion of any body of water which is not subject to tidal action lies
,ltlin I the permit area, the body of water together with a strip of land 1,000 feet wide
su1ti ,nmdilng it shlli be included.

t, ) Any urbana land area which is (1) a residential area zoned, stabilized and devel-
,lpd 1to a density of four or Iaiore dwelling units per acre on or before January 1, 1972;
, I I2 a commercial or industrial area zoned, developed, and stabilized for such use on or
Il.tore January 1, 1972, may, after public hearing, be excluded by the regional commis-
i,,n .it tile requeil of a city or county within which such area is located. An urban land
.i-.a is "tabilizec" if 80 per cent of the lots are built upon to the maximum density or

Ct NMNIENTS .319

intiensity of use permitted by the applicable zoning regulations existing on January I.
I 972.
FLdi and submnerged lands. beaches. anid lots immediately adjacent to the inland
,\txiet ot any beach or of the mean high title line where there is no beaclt shall not be
lu Ided.
Orders granting such exclusion shill lie subject to conditions which shall assure that
it,, siionifivant change in density, height, or uitaure of uses occurs.
Ali order granting exclusion may lIc revoked at any time by thre regional coilmtissioti.
all. i public hearing.

M) lat I regional commission shall adopt I mnap delineating the precise boundaries (it'
ili. 1wi nit area within 6(1 days after its firt meeting and file a coipy of such mnap in thec
,i thle county clerk of each county witliii its region.

L (ONNI i Ib gItI

Ilieci-m. ..oi~i I idal Wetlands, Conn. G. A.- I :22a-28 et Seel. (1972).

22: i" D efitnitions.
Or "'\.iland" means those areas which h~inder on or tie beneathk iidal -eaters, such
its, but iwi liiiited to banks, bogs, salt marsh, swamps, meadows., lats, or other low
larids %,cient'c to tidal action including tltose areas now or formerly connected to tidal
waters. ,ind whoe -surface is at or below all elevation of one fool .ilove local extreme
high is .fiai ..iid upon which mtay grow ii lie capable of growing some, butl not
necessati i All, oit the following: Sall inead,,w grass (Spartina pateils), spike grass
(Distichloli spic~atia. black grass (Juncus gerardto. saltmiarsh giass (Spairtuii alterniflura),
saltworls iSailIoriua hFuropaea. and Shiditrmia tiigelovii), Sea Lavendar (lunonium
car itiiiiii i..dalt iaFrsh bulrushes (Sci rpus * ii sim us and Scirpu% paindodisi va r. Witlian
Cits), saJiIt Spui-10 (Sp~ergularia mnarina). Ns tt aSS (Panicurm virgatunin, tall cordgrass
(Sparmi.. In-, initat.. h. lghtide bush (Iva fruit:-. ,as var. oraria). cattaits iI Cliffs angusti
toiadi, tild 'I % pts. Lit foit.a I. spike rush ( FlecIi..111 is ostellat), ChaltMAraei ' rush (SCirpus.1
aimericatia . lieur pi ass (Agrostis pahustrist. hid ,sweet grass (Ilieroc bloc ..dorata). rov~al
tern (0-siiuni.t. inn.amomea), sensitive fern i~sjiuclca sensibilis), nsarshl ern (Dryopteris
thelypteIs, IN,u 1AiJced~ taiily (Sparaganiumn Cil .arpltm. Sparganiurn aiid andirimladtan.
Spargamo in ..acriv ait-aum, Sparganiuim c hlsor,wirpum. Sparganiuo an gutiiii n
Sparganitn iii fliw manis, Sparganium minimnitnll). ,I~ [led pondweed (Zaniatilcia palustris).
wa Ier-plau taij t Alsina triviale), arrowhead tSamar it et subulata, Sagitllarna granitfica.
Sagilttria c..cuta Sagittaria engelmanniania). wvild rice (ZiJzania aguatica), tuckahoc
(Peltandra iiii i.water-arum (Calla palLt'. rts). skunk cabbage ISyinplocarpus
floetdusi.o sscc t.t (Acorus calamnus), pickerohweed (Pontederia cordata). water %1Cr-
grass lltiilcadubia), %oft rush (itincus etlususl, false helleboni (Veratrum viride),
slender bluev iliV (iris prismatica pursh), blue- flag (iris versivolor), yellow, iris (iris
pseudacorus). lizard's tail (Saururus cernutis). 4peckled alder (Alnu,. rugosa). commonii
alder (Alnus seriil..ila), ;irrow-leaved tearthiumb (I. lolgconum sisgit ttaiini). halbcid-Leas'ed
teartfluniil'.i.. b arifolium). spatter-dock I Nuphar variiegatunk, Nupltar adveita).
marsh ni iitt afis.tla palusiris), s.wampre rose tlikisa pelustrish, poison ivy tRhus Fiodi-
cans). poiss. siklisi t (HIiti% vernix), red itiaple iAcer rubrum), jewelweted (Inmpaitens
capensts). III- I 11.1. i.alOs 11INLINusu pa~lstrisl t. 10virifte (tLythrumn alatuin, L~y talirne
"aficarial O -.1" 4ic i'... uii sionslonitlera). red ils(ffornus atirnumio), silky Ilurwinisi
4('ornus . tiliqi... . suvet pepp~er-bush (('lethra falilia,lap swami) hkoneysuckle (kli1nl.dcii
dron vi'.- isimiji lieiib~usii luuetberry (Vacciniumn isry mbosutni) cranberry 4 VACC1i11iuiii
rnacrocailp.oii w .a t,,i~i . a.l~a irttoniuim nashio , cluil i inp hemp-weed t Mikania caintici '.
joe pye N-,ee if it ili...imm~i. purpureum). joe p e wNeed (Fltpaturiun. mnaculaluip tta..
uiughwoill( 11 ,"Ii"iu~ I..a,itMUM);

3 20 J. MICHAEL ROBBINS AND MARC J. HERSHMAN

DELAWARE

Coastal Zone Act, 7 Del. C.A. 7001 el seq. (1972).

� 7002. Definitions.
(a) "The coastal zone" is defined as all that area of the State, whether land, water or
suh.liqucous land between the territorial limits of Delaware in the Delaware river,
I)claware bay and Atlantic ocean, and a line formed by certain Delaware highways and
roJd, as follows:
Beginning at the Delaware-Pennsylvania line at a place where said line intersects U.S.
RIoute 13; thence southward along the said U.S. Route 13 until it intersects the
right-of-way of U.S. Route 1-495; thence along said 1-495 right-of-way until the said
1495 right-of-way intersects Delaware Route 9 south of Wilmington; thence along said
Delaware Route 9 to the point of its intersection with Delaware Route 273; thence along
Naid Delaware Route 273 to U.S. 13; thence along U.S. 13 to Maintenance Road 409;
thence along Maintenance Road 409 to Delaware Road 71; thence along Delaware Road
71 to its intersection with Delaware Road 54; thence along Delaware Road 54 to
l)elaware Road 896; thence along Delaware Road 896 to Maintenance Road 396; thence
along Maintenance Road 396 to Maintenance Road 398; thence along Maintenance Road
398 to the Maryland state line; thence southward along the Maryland state line to
Maintenance Road 433; thence along Maintenance Road 433 to Maintenance Road 63;
thence along Maintenance Road 63 to Maintenance Road 412; thence along Maintenance
Road 412 to U.S. 13; thence along U.S. 13 to Delaware 299 at Odessa; thence along
Delaware Route 299 to its intersection with Delaware Route 9; thence along Delaware
Route 9 to U.S. 113; thence along U.S. Route 113 to Maintenance Road 8A; thence
along Maintenance Road SA to Maintenance Road 7 to the point of its intersection with
Delaware Route 14; thence along Delaware Route 14 to Delaware Route 24; thence
along Delaware Route 24 to Maintenance Road 331; thence along Maintenance Road
331 to Maintenance Road 334; thence along Maintenance Road 334 to Delaware Route
2b; thence along Delaware Road 26 to Maintenance Road 365; thence along Mainte-
nance Road 365 to Maintenance Road 84; thence along Maintenance Road 382A; thence
along Maintenance Road 382A to Maintenance Road 389; thence along Maintenance
Road 389 to Maintenance Road 58; thence along Maintenance Road 58 to Maintenance
Road 395; thence along Maintenance Road 395 to the Maryland state line.

ILORIDA

Coastal Zone Management Act, Fla. Stat. Ann. 370.0211 et seq. (1960).

� 370.0211(2)
(b) "Coastal zone" means that area of land and water from the territorial limits
seaward to the most inland extent of maritime influences.

GEORGIA

Coastal Marshlands Protection Act of 1970, Ga. C. Ann. �45-136 et seq. (1957).

�45-137. Definitions.
(a) "Coastal marshlands" hereinafter referred to as "marshlands" means any marsh-
land or salt marsh in the State of Georgia, within the estuarine area of the State, whether
or not the tide waters reach the littoral areas through natural or artificial water courses.
Marshlands shall include those areas upon which grow one, but not necessarily all of the

('OMMN NIF'S 321

olilowinig saltmarsh grass (Spartina alternillora), black pass 4Juncus gerardi), hiigl-tidel
bush (Iva frutescens var. oraria). The occurrence and extent of salt marsh peat at the
undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt
marshl or a part thercof.

(b) "i-stuarine area" means all tidally-infllenced waters, marshes and marshlainds lying
witin a tide-elevation range trom fiv: and six tenths feet above mean tide level and
bclllk\

HAWAII

Shoreline Setback Area Act, Hawaii Rev. Stat. �205 et seq. (1950), as amended by Act
107-73.

'2(15-31 Definitions.
(2) "Slhoreline" means the upper reaches of the wash of waves, other th.itl ,Itrmn and
tidal waves. usually evidenced by the edge of vegetation growth. or the ulper Ilne ot
debris left by he wash of waves.

(3) "Sllrchlne setback area" means all of the land area between the shlreline and
the sh)orcblr .. lihack line.

(4) "Shoreline setback area" means all the land area seaward of the shoreline set back
line.

(5) "Shoreline setback line" means that line established by the State land use
commission or the county running inland from and parallel to the shoreline at a
horizontal plane."

� 205-33 Prohibitions.
(al It shall be unlawful to remove sand, coral, rocks, soil, or other beach composi-
tions tor any purpose, except for reasonable domestic, non-commercial use. within the
shoreline setback area or within 1,000 feet seaward of it or in ocean water of 30 or less
feet in depth. except that any sand mining operation which has been legally in operation
for a period of at least two years immediately prior to June 22, 1970, may be continued
for a period not to extend beyond July 1, 1975. However, if during the period prior to
July 1, 1975, the sand mining operation is substantially increased, it shall be unlawful to
further continue such mining operation. This prohibition shall not apply to the commer-
cial mining of sand or other minerals, or taking of coral or rock in the territorial ocean
when such mining or taking is located 1,000 or more feet from the shoreline or in ocean
water of 30 or more feet in depth and has the written permission of all governmental
agencies having jurisdiction thereof.

LOUISIANA

Louisiana Coast and Marine Resources Conservation and Development Act. La. Rev.
Stat. �51:1361 et seq. (1965).

� 1361. Definitions.
B. The term "coastal zone" shall mean the lands, waters, tidal and submerged lands,
bays, estuaries, marshes, coastal and intertidal areas, harbors, lagoons, inshore waters,
and channels landsard of the outer limit of the territorial sea of the United States or of

3'2 J. MICHAEL ROBBINS AND MARC J. HERSHMAN

the state of Louisiana, or of other waters subject to the jurisdiction of Louisiana where
other waters subject to the jurisdiction of Louisiana where greater than the territorial sea
of the United States, and extending inland to the landward extent of marine influences.

C. The term "landward extent of marine influences" means the area extending
landward from the high water mark which in contemplation of human activities and
natural ecology may be considered to come under the influence of the adjacent sea.

MAINE

Wetlands Act, Me. Rev. Stat. Ann. tit. 12, �4701 et seq. (1974).

�4701.
... For purposes of this chapter, coastal wetland is defined as any swamp, marsh,
bog, beach, flat or other contiguous lowland above extreme low water which is subject
to tidal action or normal storm flowage at any time excepting periods of maximum
storm activity.

Shorelands Management Act, Me. Rev. Start. Ann. tit. 12 �4811 (Supp. 4, 1973).

�4811. Shoreland areas.
To aid in the fulfillment of the state's role as trustee of its waters and to promote
public health, safety and the general welfare, it is declared to be in the public interest
that shoreland areas defined as land within 250 feet of the normal high water mark of
any pond, river or salt water body be subjected to zoning and subdivision controls. The
purposes of such controls shall be to further the maintenance of safe and healthful
conditions; prevent and control water pollution; protect spawning grounds, fish, aquatic
life, bird and other wildlife habitat; control building sites, placement of structures and
land uses; and conserve shore cover, visual as well as actual points of access to inland and
coastal waters and natural beauty.

MARYLAND

Wetlands Act, Md. Ann. Code art. 66c, �718 et seq. (1970).

�719. Definitions.
(a) "State wetlands" means all land under the navigable waters of the State below
the mean high tide, which is affected by the regular rise and fall of the tide. Such
wetlands, which have been transferred by the State by valid grant, lease or patent or a
grant confirmed by Article 5 of the Declaration of Rights of the Constitution of
Maryland, shall be considered "private wetland" to the extent of the interest so
transferred.

(b) "Private wetlands" means all lands not considered "State wetlands" bordering on
or lying beneath tidal waters, which are subject to regular or periodic tidal action and
which support aquatic growth. These include wetlands, which have been transferred by
the State by a valid grant, lease or patent or a grant confirmed by Article 5 of the
Declaration of Rights of the Constitution of Maryland, to the extent of the interest so
transferred.

C'OMNIVNTS 323

MASSACHIUSETTS

Protection of Coastal Wetlands, Mass. Ann. Laws ch. 13(11 � 105 (1972).

~ 1(5.
lit this section the term "coastal wetlands" shall mean any bank, marsh, swamp,
meadow, I'lat or other low land subject to tidal action or coastal storm flowage and such
contiguous land as the commissioner reasonably deems necessary to effect by any such
order in carrying out the purposes of this section.

MICHIGl(AN

Shorelands Protection and Management Act of 1970, C'ompil. L.. Ann. � 281.631 (1970).

Definitions.

lb) "('onnucting waterway" means the St. Marys river, Detroit river, Si. ('all river.
Keeweenaw waterway or Lake St. Clair.

(1) "Land to he zoned" means the land in this state which borders or is adjacent to a
Great Lake or a connecting waterway situated within 1,000 feet landward from the
ordinary high water mark as defined in section 2 of Act No. 247 of the Public Acts of
1955, as amended, being section 322.702 of the Compiled Laws of 1948.

fit) "Shoreland" means the land, water and land beneath the water which is in close
proximity to the shoreline of a Great Lake or a connecting waterway.

(i) "Shoreline" means that .urea of the shorclands where land and watcr ineet.

MIINNESOTA

Shorel~ands Protection ALt., lMinn .'uaf. Ann. � 105.485 (Supp. 4, 1973) ai,,ho./:, finit.
Stal. A-nn. � 105.485 (197 1).

sohbl. 2. Definitions.
ta) "Shoreland" means land locaiied within the following distance% trinm ith, ,,-Iwxr
high water elevation of public waters:

(I) Land within 1,000 feet fronm the normal high watermark of a lakt., t'"'"t. or
tI'owage; .nd

2) I[and within 300 feet of .m river or stream or the landward side of tloodI plain1
ilchricated by ordinance on such a river or stream, whichever is greater.

MISSISSIPPI

Wetlands Law, Miss. L'ode Ann,. �,49-27-1 ,'t seq. (1972).

~49-27-5. Definitions.
(a) "i :,asial wetlands" Ocainss all publicly owned lands subject it) tme cb oal fnllow

324 J. MICHAEL ROBBINS AND MARC J. HERSHMAN

of the tide and which are below the watermark of ordinary high tide and all publicly
owned accretions above the watermark of ordinary high tide.

(b) The term "coastal wetlands" shall be interpreted to include the flora and fauna
on the wetlands and in the wetlands.

NI!W IIAMPSHIRE

Tidal Waters, N.H. Rev. Star. Ann. �483-A: 1-a et seq. (Supp. 1972).

�483-A: I-a. Definition.
I. Wherever the tide ebbs and flows, it shall apply to all lands submerged or flowed
by mean high tide as locally determined, and, in addition, to those areas which border on
tidal waters, such as, but not limited to banks, bogs, salt marsh, swamps, meadows, flats
or other lowlands subject to tidal action (including those areas now or formerly
connected to tidal waters), whose surface is at an elevation not exceeding three and
one-half feet above local mean high tide and upon which grow or are capable of growing
some, but not necessarily all, of the following: Salt meadow grass (Spartina patens),
spike grass (Distichlis spicata), black grass (Juncus gerardi), saltmarsh grass also known as
cordgrass (Spartina alterniflora), saltworts (Salicornia spp.), sea lavender (Limonium
caroiinianum), saltmarsh buirishes (Scirpus maritimus, var. fernaldii and Scirpus
paludosus var. atlanticus), sand spurrey (Spergularia marina and Spergularia canadensis),
high-tide bush (Iva frutescens), spike rush (Eleocharis parvula and Eleocharis halophila).
chairmaker's rush (Scirpus americana), bent grass (Argostis palustris), coast-blite (Suaeda
spp.), orach (Atriplex patula), arrow-grass (Triglochin maritima) and seaside goldenrod
(Solidago sempervirens). The occurrence and extent of saltmarsh peat at the undisturbed
surface shall be evidence of the extent of juisdiction hereunder within a saltmarsh.

II. Wherever fresh water flows or stands and in all areas above tidal waters not
included in paragraph I of this section, it shall apply (in addition to great ponds or lakes
of ten acres or more in natural area as provided for in RSA 482:41-e to 41-i and RSA
488-A), to those portions of great ponds or lakes created by the raising of the water level
of the same whether by public or private structure, and to all surface waters of the state
as defined in RSA 149:1 which contain fresh water including the portion of any bank or
shore which borders such surface waters, and to any swamp or bog subject to periodical
flooding by fresh water including the surrounding shore.

11. "Mean high tide" as used in this section shall be determined according to the
published tables and standards of the United States Coast and Geodetic Survey, adjusted
to the locality from such tables.

NEW JERSEY

Coastal Area Facility Review Act, Act 1429-1973.

�4.
4. The "coastal area" shall consist of all that certain area lying between the line as
hereinafter described and the line formed by the State's seaward (Raritan Bay and
Atlantic Ocean) territorial jurisdiction on the east thereof, the State's bayward (Dela-
ware Bay) territorial jurisdiction on the south and southwest thereof, and the State's
riverward (Delaware River) territorial jurisdiction on the west thereto. Beginning at the
confluence of Cheesequake Creek with the Raritan Bay; thence southwesterly along the

COMMENTS 325

center line of Cheesequake Creek to its intersection with the Garden State Parkway:
thence southeasterly along the Garden State Parkway to Exit 117 at State tiighway 36,
thence northesasterly along State Highway 36 to the intersection of Middle Road
(County 516); thence easterly along Middle Road to the intersection of Palmer Avenue
(County 7); thence northeasterly on Main Street to the intersection of State Highway
36; thence easterly on State Highway 36 to the intersection of Navesink Avenue; thence
southerly on Navesink Avenue to the intersection of Monmouth Avenue at Navesink;
thence westerly on Monmouth Avenue to its intersection with Browns Dock Road;
thence southerly on Browns Dock Road to its intersection with Cooper Road; thence
southwesterly on Cooper Road to the intersection of State Highway 35; thence souther-
ly on State Highway 35 to its intersection with State Highway 71; thence southeasterly
on State Highway 71 to its crossing of the Central Railroad of New Jersey tracks; thence
southerly along the Central Railroad of New Jersey tracks to its intersection of 6th
Avenue (County 2); thence westerly on 6th Avenue (County 2) to the intersection of
State Highway 33; thence westerly along State Highway 33 to the crossing of State
Highway 18; thence southerly on State Highway 18 to its intersection of Marconi Road;
thence southeasterly on Marconi Road to Adrienne Road, continuing south on Adrienne
Road to Belmar Boulevard; thence easterly on Belmar Boulevard and 16th Avenue to the
intersection of State Highway 71; thence southerly on State Highway 71 to the
intersection of State Highway 35; thence northwesterly along State Highway 35 to State
Highway 34 at the Brielle Circle; thence northwesterly along State Highway 34 to the
Garden State Parkway at Exit 96; thence southwesterly along the Girden State Parkway
to the intersection of the Monmouth, Ocean County boundary; ti.ence westerly along
said boundary to the intersection of the Central Railroad of New Jersey tracks; thence
southwesterly along the tracks of the Central Railroad of New Jersey to its junction with
the tracks of the Pennsylvania Railroad near Whiting; thence easterly along the tracks of
the Pennsylvania Railroad to its intersection with the Garden State Parkway near South
Toms River; thence southerly along the Garden State Parkway to its intersection with
County Road 539 at Garden State Parkway exit 58; thence northerly along County
Road 539 to its intersection with Martha-Stafford Forge Road; thence westerly along
Martha-Stafford Forge Road to its intersection with Spur 563;
-thence northerly along Spur 563 to its intersection with County Road 563;
thence southerly along County Road 563 to its intersection with County Road 542 at
Green Bank; thence northwesterly along County Road 542 to its intersection with
Weekstown-Pleasant Mills road; thence southeasterly along Weekstown-Pleasant Mills
Road to its intersection with County Road 563 at Weekstown; thence southeasterly
along County Road 563 to its intersection with Clarks Landing Road leading to Port
Republic; thence easterly along Clarks Landing Road to its intersection with the Garden
State Parkway; thence southerly along the Garden State Parkway to its intersection with
Alt. 559, and thence northwesterly along Alt. 559 to its intersection with County Road
559 at Gravelly Run; thence northwesterly along County Road 559 to its intersection
with U.S. 40 and S.R. 50 at Mays Landing; thence westerly along combined U.S. 40 and
S.R. 50 to its intersection with S.R. 50; thence southerly on S.R. 50 to its intersection
with Buck Hill Road near Buck Hill; thence westerly along Buck Hill (River Road) Road
to its intersection with S.R. 49; thence southeasterly along S.R. 49 to its intersection
with S.R. 50; thence southeasterly along S.R. 50 to its intersection with County Road
585; thence southwesterly along County Road 585 to its intersection with S.R. 47 at
Dennisville; thence northwesterly along S.R. 47 to its intersection with State Road 49 at
Miliville; thence through Miliville along State Road 49 to its intersection with County
Road 555; thence southerly along County Road 555 to its intersection with County
Road 27; thence southerly along County Road 27 to its intersection with County Road
70; thence southerly on County Road 70 to the Center of Mauricetown; thence through
Mauricetown; thence through Mauricetown westerly on County Road 548 to its intersec-
tion with the tracks of the Central Railroad of New Jersey; thence northwesterly on the

326 'tJ. MICHAEL ROBBINS AND MARC J. HERSHMAN

tracks of the Central Railroad of New Jersey to its intersection with County Road 98;
thence easterly along County Road 98 to the intersection with County Road 38; thence
northerly along County Road 38 to its intersection with S.R. 49 east of Bridgeton;
thence westerly along S.R. 49 through Bridgeton to its intersection with County Road 5
(Roadstown Road); thence westerly along County Road 5 (Roadstown Road) to Roads-
town; thence northwesterly along the Roadstown Road to County Road 47; thence
southwesterly along County Road 47 to its intersection with County Road 19; thence
along County Road 19 northwesterly to Gum Tree Corner; thence northwesterly along
('ounty Road 19 from Gum Tree Corner across Stowe Creek to its intersection with
Salem County Road 59 (Hancock's Bridge Road); thence northwesterly along County
Road 59 to its intersection with County Road 51 at Coopers Branch; thence northeaster-
ly along County Road 51 to its intersection with S.R. 49 at Quinton; thence northwest-
erly along S.R. 49 to its intersection with County Road 50; thence southwesterly along
County Road 50 to its intersection with County Road 58; thence southerly on County
Road 58 to its intersection with County Road 24; thence westerly along County Road
24 to its intersection with County Road 65; thence northerly along County Road 65
(Walnut Street) to its intersection with County Road 4; thence westerly along County
Road 4 and northerly along County Road 4 and thence easterly along County Road 4 to
its intersection with State Road 49; thence northerly along State Road 49 (Front Street)
to its intersection with County Road 57; thence easterly along County Road 57 to its
intersection with State Road 45; thence northerly along State Road 45 to its intersection
with County Road 540 at Pointers; thence northerly and northwesterly along Country
Road 540 (Deepwater-Slopes Corner Road) to its intersection with the New Jersey
- Turnpike; thence westerly along the New Jersey Turnpike
to its intersection with County Road 33; thence southerly along County Road 33 to its
intersection with State Road 49; thence southeasterly along S.R. 49 to its intersection
with County Road 26; thence northwesterly along County Road 26 to the Killcohook
National Wildlife Refuge; thence northwesterly along this northeasterly boundary to the
limits of the State's territorial jurisdiction on the Delaware River; provided, however,
that the coastal area shall not include all that certain area in Cape May County lying
within a line beginning at the intersection of S.R. 47 and County Road 54; thence
westerly on County Road 54; to the intersection of County Road 3; thence south-
easterly on County Road 3 through the intersection of County Road 3 with County
Road 13 to the intersection with County Road 47; thence easterly and northerly along
County Road 47 to its intersection with State Road 9; thence northerly along State
Road 9 to its intersection with State Road 47; thence westerly along State Road 47 to
its intersection with County Road 54.

Wetlands Act,N.J. Rev. Stat. � 13:9A-1 et seq. (Supp., 1973).

: 13:9A-2. Coastal wetlands defined.
I:or the purposes of this act the term "coastal wetlands" shall mean any bank, marsh,
.\.Ip. Imeadow, flat or other low land subject to tidal action in the State of New Jersey
A,- i11ic Delaware bay and Delaware river, Raritan bay, Barnegat bay, Sandy Hook Bay,
hlJUIwsbury river including Navesink river, Shark river, and the coastal inland waterways
.vlcnding southerly from Manasquan Inlet to Cape May Harbor, or at any inlet, estuary
.,t tributary waterway or any thereof, including those areas now or formerly connected
it, tidal waters whose surface is at or below an elevation of 1 foot above local extreme
.lgh water, and upon which may grow or is capable of growing some, but not necessarily
all. of the following: Salt meadow grass (Spartine patens), spike grass (Distichlis spicata),
black grass (Juncus gerardi), saltmarsh grass (Spartina alterniflora), saltworts (Salicornia
l uropaca, and Salicornia bigelovii), sea lavender (Limonium carolinianum), var. atlanti-
cus), sand spurrey (Spergularia marina), switch grass (Panicum virgatum), tall cordgrass
(Spartina pectinata), hightide bush (Iva frutescens var. oraria), cattails (Typha angusti-

COMMENTS 32 7

t;lia, and Typha latifolia), spike rush (Eleocharis rostellata), chairmaker's rush (Scirpus
almericalla), bent grass (Agrostis palustris), and sweet grass (Hierochloe odorata). The
term "coastal wetlands" shall not include any land or real property subject to the
jurisdiction of the Ilackensack Meadowlands Development Commission pursuant to the
provisions of P.L.1968, chapter 404, sections 1 through 84 (('.13:17-1 through C.13:17-
86).

NElW YORK

Tidal Wetlands Act,N. Y. Emn'. Conserv. Law �25-0101 et seq. (McKinney 1973).

� 25-0103. Definitions.
I. "Tidal wetlands" shall mean and include the following:
(a) those areas which border on or lie beneath tidal waters, such as, but not limited
to, banks, bogs, salt marsh, swamps, meadows, flats or other low lands subject to tidal
action, including those areas now or formerly connected to tidal waters;
(b) all banks, bogs, meadows, flats and tidal marsh subject to such tides, and upon
which grow or may grow some or any of the following: salt hat (Spartina patcus and
Distichlis spicata), black grass (Juncus gerardi), saltworts (Salicornia ssp.), sea lavender
(Limonium carolinianum), tall cordgrass (Spartina pectinata and Spartina cynosuroides),
hightide bush (Iva frutescens), cattails (Typha angustifolia and Typha latifolia), ground-
sel (Baccharis halimifolia), marsh mallow (Hybiscus palustris) and the intertidal zone
including low marsh cordgrass (Spartina alterniflora).

NORTH CAROLINA

The definitions listed in the North Carolina dredge-and-fill law, N.C. Gen. Stat. � 113-
229 (1966), are incorporated by reference into the Wetlands Protection Act, N.C. Gen.
Stat. �113-230 (1966).

� 113-229(n). Definitions.
(3) "Marshland" means any salt marsh or other marsh subject to regular or occa-
sional flooding by tides, including wind tides (whether or not the tide waters reach the
marshland areas through natural or artificial watercourses), provided this shall not
include hurricane or tropical storm tides. Salt marshland or other marsh shall be those
areas upon which grow some, but not necessarily all, of the following salt marsh and
marsh plant species: Smooth or salt water Cordgrass (Spartina alterniflora), Black
Needlerush (Juncus roemerianus), Glasswort (Salicornia spp.), Salt Grass (Distichlis
spicata), Sea Lavender (Limonium spp.), Bulrush (Scirpus spp.), Saw Grass (Cladium
jamaicense), Cat-Tail (Typha spp.), Salt-Meadow Grass (Spartina patens), and Salt
Reed-Grass (Spartina cynosuroides).

OREGON

Coastal Zone Act, Act 608-1971.

�4. Definition.
For the purpose of this Act the coastal zone is defined as that area lying between the
Washington border on the north to the California border on the south, bounded on the
west by the extent of the state's territorial jurisdiction, and on the east by the crest of
the coastal mountain range, with the exception of:

.328 J. MICHAEL ROBBINS AND MARC J. HERSHMAN

(a) The Umpqua River basin, where the coastal zone shall extend to Scottsburg.
(b) The Rogue River basin, where the coastal zone shall extend to Agness.
(c) The Columbia River basin, where the coastal zone shall extend to the down-
stream end of Puget Island.

KO1101)1 ISLAND

. oahdl \ elllanIds Acl, R.I. Gen. Laws. Ann. �2-1-13 to 2-1-17 (1965).

2-1-14. Definitions.
A coastal wetland shall mean any salt marsh bordering on the tidal waters of this
state. whether or not the tide waters reach the littoral areas through natural or artificial
water courses, and such uplands contiguous thereto, but extending no more than fifty
(50) yards inland therefrom, as the director shall deem reasonably necessary to protect
such salt marshes for the purposes set forth in � 2-1-13. Salt marshes shall include those
areas upon which grow some, but not necessarily all of the following: Salt meadow grass
(Spartina patens), spike grass (Distichlie spicata), black grass (Juncus gerardi), saltmarsh
grass (Spartina alterniflora), saltworts (Salicornia europaea, and Salicornia bigelevil), sea
lavender tLimonium carolinianum), saltmarsh bulrushes (Scirpus robustus, and Scirpus
paludosus var. atlanticus), sand spurrey (Spergularia marina), switch grass (Panicus
virgatum), tall cordgrass (Spartina pectinata), high-tide bush (Iva frutescens var. oraria),
cattails (lypha angustiftlia. and Typha latifolia), spike rush (Eleoclaris rostellata),
chairmaker's rush (Scirpuls amlcricana), bent grass (Argostis palustlia), and sweet grass
AHierochlee odorata). The occuirence and extent of saltmarsh peat at the undisturbed
surface shall be construed to be true evidence of the extent of a salt marsh or a part
thereof.

Intertidal Salt Marsh Act, R.I. Gen. Laws. Ann. �11-46-1 (1970).

�11-46-1.
For the purposes of this chapter an intertidal salt marsh shall be prima facie
presumed to be those areas upon which grow some, but not necessarily all, of thy
following: salt marsh grass (Spartina alterniflora), black grass (Juncus gerardi), seaside
lavender (Limonium carolinianum), saltwort (Salicornea europaea), salt meadow grass
(Spartina patens), spike grass (Distichlis spicata), salt marsh bullrush (Scirpus maritima)
and sand spurrey (Spergularia marina), and upon which exists salt marsh peat.

Coastal Managcment Act of 1971, R.I. Gen. Laws Ann. �46-23-1 et seq. (Supp. 1972).

�46-23-611 Illplelilentatrln.
The council is authorized to Formulate policies and plans and to adopt regulations
necessary to implement its various management programs.
Any person, firm, or governmental agency proposing any development or operation
within, above, or beneath the tidal water below the mean high water mark, extending
out to the extent of the state's jurisdiction in the territorial sea shall be required to
demonstrate that its proposal would not (1) conflict with any resources management
plan or program; (2) make any area unsuitable for any uses or activities to which it is
dl;ocated by a resources management plan or program; or (3) significantly damage the
environment of the coastal region. The council shall be authorized to approve, modify,
set conditions for, or reject any such proposal.
I he authority of the council over land areas (those areas above the mean high water
ma.rk) shall be limited to that necessary to carry out effective resources management
piograms. This shall be limited to the authority to approve, modify, set conditions for,

COMMENTS 329

or reject the design, location. construction, alteration, and operation of specified
activities or land uses when these are related to a water area under the agency's
jurisdiction, regardless of their actual location. The council's authority over these land
uses and activities shall be limited to situations in which there is a reasonable probability
of conflict with a plan or program for resources management or damage to the coastal
environment. These uses and activities are:
a) Power generating and desalination plants.
b) Chemical or petroleum processing, Irransfer, or storage.
c) Minerals extraction.
d) Shoreline protection facilities and physiographical features.
e) Intertidal salt marshes.
0) Sewage treatment and disposal and solid waste disposal facilities.

TEXAS

Coastal Public Lands Management Act of 1973, Vernon's Ann. Cfil. Slat. art. 5415e-1 It
seq. (Supp. 3, 1973).

�4. Definitions.
(b) "Coastal area" refers to the geographic area comprising all the counties of Texas
having any tidewater shoreline, including that portion of the bed and waters of the Gulf
olf Nexico within the jurisdiction of the State of Texas.

VIRGINIA

Wetlands Act, Va. Code Antn. �f62-13.1 et seq. (Supp. 1970).

�62.1-13.2. Definitions.
(d) "Tidewater Virginia" means the following counties: Accomack, Arlington,
Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of
Wight, James City, King George, King and Queen, King William, Lancaster, Mathews,
Middlesex, Nansemond, New Kent, Northampton, Northumberland, Prince George,
Prince William, Richmond, Southampton, Spotsylvania, Stafford, Surry, Sussex, West-
moreland, and York; and the cities of Alexandria, Chesapeake, Colonial Heights, Fairfax,
Falls Church, Fredricksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg,
Portsmouth, Richmond, Suffolk, Virginia Beach and Williamsburg.
(f) "Wetlands" means all that land lying between and contiguous to mean low water
and an elevation above mean low water equal to the factor 1.5 times the mean tide range
at the site of the proposed project in the county, city or town in question; and upon
which is growing on July one, nineteen hundred seventy-two or grows thereon sub-
sequent thereto, any one or more of the following: saltmarsh cordgrass (Spartina
alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black
needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender (Limonium
slp.), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle
(Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra virginica), pickerel-
weed (Pontederia cordata), big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia
oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis
sp.), sea rocket (Cakile ecentula), southern wildrice (Zianiopsis miliacea), cattails (Typha
spp.), three-squares (Scirpus spp.), bottom bush (Cephalanthus occidentalis), bald
cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa aquatica),
dock (Rumex spp.), yellow pond lily (Nuphar spp.), marsh fleabane (Pluchea purpuias-
.cens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar's ticks

330 J. MICHAEL ROBBINS AND MARC J. HERSHMAN

(Bidens sp.), smartweeds (Polygonum sp.), arrowhead (Sagittaria spp.), sweet flag
(Acorus calamus), and switch grass (Panicum virgatum).
The wetlands of Black Bay and its tributaries shall mean all marshes subject to regular
or occasional flooding by tides, including wind tides, provided this shall not include
hurricane or tropical storm tides and upon which one or more of the following
vegetation species are growing or grows thereon subsequent to, the passage of this
amendment: saltwater (saltmarsh) cordgrass (Spartina alterniflora), saltmeadow hay
(Spartina patens). black needlerush (Juncus roemerianus), marsh elder (Iva frutescens),
groundsel bush (Baccharis halimifolia), was myrtle (Myrica sp.), arrow arum (Peltanda
virginica), pickerelweed (Pontederia cordata), big cordgrass (Spartina cynosuroides), rice
cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus), spike-
rutsh (Elceocharis sp.), cattails (Typha spp.), threesquares (Scirpus spp.), dock (Rumex
sp.). smartweeds (Polygonum sp.), yellow pond lily (Nuphar spp.), royal fern (Osmunda
regalis), marsh hibiscus (Hibiscus moscheutos), beggar's ticks (Bidens sp.), arrowhead
(Sagittaria spp.). and switch grass (Panicum virgatum).

WASHINGTON:

Shoreline Management Act of 1971, W'ash. ReI. Code Ann. �90.58.010 et seq. (Supp.
1971).

�90.58.030. Definitions.
(2) Geographical:
(a) "Extreme low tide" means the lowest line on the land reached by a receding tide;
(b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark
that will be found by examining the bed and banks and ascertaining where the presence
and action of waters are so common and usual, and so long continued in all ordinary
years, as to mark upon the soil a character distinct from that of the abutting upland, in
respect to vegetation as that condition exists on June 1, 1971 or as it may naturally
change therafter: Provided. That in any area where the ordinary high water mark cannot
be found, the ordinary high water mtark adjoining, saltwater shall be the line of mean
higher high tide and the ordinary high w;ater mark adjoining fresh water shall be the line
of mean high water;
(c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of
state-wide significance" within the state;
(d) "Shorelines" means all of the water areas of the state, including reservoirs, and
their associated wetlands, together with the lands underlying them; except (i) shorelines
of state-wide significance; (ii) shorelines on segments of streams upstream of a point
where the mean annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream segments; (iii) shorelines on lakes less than twenty acres in
size and wetlands associated with such small lakes;
(e) "Shorelines of statewide significance" means the following shorelines of the
state:
ii) The area between the ordinary high water mark and the western boundary of the
state from ('ape Disappointment on the south to Cape Flattery on the north, including
harbors, estuaries, and inlets;
(ii) Those areas of Puget Sounld and adjacent salt waters alid the Strait of Juan de
Faca between the ordinary high Nk.tcr mark and the line of extreme low tide as follows:
(A) Nisqually I)elta- from DcWldl Bight to Tatsolo Point,
(B) Birch Bay from Point Witchllorn to Birch Point,
(C) Hoood Canal-from Tala Point to Foulweather Bluff,
(D) Skagit hay and adjacent area--from Brown Point to Yokeko Point, and
(E) Padilla lI.kt Iroml March Point to William Point;

COMMENTS 331

(iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt
waters north to tthe Canadian line and lying seaward from the line of extreme low tide;
(iv) Those lakes, whether natural, artificial or a combination thereof, with a surface
acreage of one thousand acres or more measured at the ordinary high water mark;
(v) Those natural rivers or segments thereof as follows:
(A) Any west of the crest of the Cascade range downstream of a point where the
mean annual flow is measured at one thousand cubic feet per second or more,
(B) Any east of the crest of the Cascade range downstream of a point where the
annual flow is measured at two hundred cubic feet per second or more, or those portions
of rivers east of the crest of the Cascade range downstream from the first three hundred
square miles of drainage area, whichever is longer;
(vi) Those wetlands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);
(f) "Wetlands" or "wetland areas" means those lands extending landward for two
hundred feet in all directions as measured on a horizontal plane from the ordinary high
water mark; and all marshes, bogs, swamps, floodways, river deltas, and flood plains
associated with the streams, lakes and tidal waters which are subject to the provisions of
this act; the same to be designated as to location by the department of ecology.

WISCONSIN

Shorelands Zoning Act, Wis. Stat. Ann. �59.971 et seq. (Supp. 1973).

�59.971.
(1) To effect the purposed of s. 144.26 and to promote the public health, safety and
general welfare, counties may, by ordinance enacted separately from ordinances
pursuant to s. 59.97, zone all lands (referred to herein as shorelands) in their unincorpo-
rated areas within the following distances from the normal high-water elevation of
navigable waters as defined in s. 144.26 (2)(d): 1,000 feet from a lake, pond or flowage;
300 feet from a river or stream or to the landward side of the flood plain, whichever
distance is greater. If the navigable water is a glacial pothole lake, the distance shall be
measured from the high watermark thereof.