SPECIAL PUBLICATION NO. 43
1982; Graber and Thompson, 1985; Collins boundary between public tidelands and and McGrath, 1989). private uplands ... (it should he understood that such a boundary, while relatively stable,
would not be permanently fixed but would be
Many investigators have suggested ambulatory to the extent there occurs longthat the legal boundary for ocean-fronting term accretion or erosion). beaches should not be continuously moving
with the seasonal changes, but should be Collins and McGrath also discuss the most landward or "winter" line of mean special issues such as shore and coastal high water (Nunez, 1966). Selection of the hardening structures, artificially induced "winter" MHW line would be the most accretion of sand, etc., and their work is practical to locate and would be the most highly recommended for further reading. protective of public interest by maintaining
maximum public access to the shoreline However, no formal legal adoption of (Collins and McGrath, 1989). the littoral MHW boundary has found nationwide acceptance. This is symptomatic of
In Florida, the ocean-fronting legal mankind's tendency to give credence to boundary seasonal fluctuation issue was codes of anthropic conduct through the deliberated upon in State of Florida, LawsofMan (published in local codes, state Department of Natural Resources vs Ocean statutes, and federal regulations, etc.) but to Hotels, Inc. (State of Florida, 1974) as it essentially ignore the environment and how related to locating the MHW line from which it works through the Laws of Nature a 50-foot setback was to be determined. (published in scientific papers and journals). Judge J. R. Knott, upon consideration of all Until a balance is more nearly achieved, we the options, rendered the following decision: shall continue to exacerbate the environmental crisis that has befallen us all.
This court therefore concludes that the winter The results of this paper provide for one and most landward mean high water Ene small aspect of the behavior of nature an must be selected as the boundary between opportunity to achieve a balance between
the state and the upland owner. In so doing tt toac
the court has had to balance the pubic policy the two sets of laws.
favoring private littoral ownership against the
pubic policy of holding the tideland in trust Long-Trnm Shorelne Changes
for the people, where the preservation of a
vital public right is secured with but minimal The initial motivation to investigate
effect upon the interests of the upland owner. this subject was the development of a
this subject was the development of a
A 1966 California Court of Appeal methodology to analyze and assess longdecision rejected the application of a term shoreline changes. Quantitative continuously moving boundary in Peole vs behavior of long-term shoreline change to Kent Estate (State of California, 1966). assess coastal stability is best accomplished However, no decision has been rendered as using actual historical surveys. In Florida, as to what line to use (Collins and McGrath, many surveys as possible are located for the 1989). More recently, however, Collins and period from about 1850 to present (aerial McGrath (1989) report: photography is used where an historical hiatus occurs), usually resulting in from 8 to
The Attorney General's Office in California 14 points to represent the historical shoreline has offered its informal opinion that, if position (Balsillie, 1985a, 1985b; Balsillie squarely faced with the issue, California and Moore, 1985; Balsillie and others, courts would follow the reasoning in the 1986). These data are assessed alongshore FRodda case and adopt the "winter and most at a spacing of approximately 300 m.
landward line of mean high tide' as the legal Hence, historical change rate analysis
17Hence, historical change rate analysis
17