. FLORIDA GEOLOGICAL SURVEY
Many investigators have suggested Florida case and adopt the that the legal boundary for ocean-fronting "winter and most landward line beaches should not be continuously moving of mean high tide" as the legal with the seasonal changes, but should be boundary between public the most landward or "winter" line of mean tidelands and private uplands ... high water (Nunez, 1966). Selection of the (it should be understood that "winter" MHW line would be the most such a boundary, whichrelatively stable, would not be permanently
practical to locate and would be the most fixed but would be ambulatory to protective of public interest by maintaining the extent there occurs long-term maximum public access to the shore (Collins accretion or erosion). and McGrath, 1989).
The use of the MHW datum plane for
In Florida, the ocean-fronting legal the determination of a boundary is boundary seasonal fluctuation issue was straightforwardly a monergistic application; deliberated upon in State of Florida, one must be careful, however, to note that Department of Natural Resources vs Ocean determination of the seasonal shoreline shift Hotel, Inc. (State of Florida, 1974) as it related (or beach width) is not. This will require a to locating the MHW line from which a 50-foot synergistic application using MSL. Similarly, setback was to be required. Judge J. R. Knott any periodic review and boundary relocation rendered the following decision: due to long-term shoreline changes will require the synergistic approach.
This court therefore concludes
that the winter and most INLES AND ASSOCIATED
landward mean high water line ASTRONOMICAL 7DES
must be selected as the boundary between the state and
the upland owner. In so doing It has been speculated that tidal inlets the court has had to balance the can significantly affect the character of open public policy favoring private coast tide behavior. There are, however, littoral ownership against the insufficient alongshore data crossing inlets, public policy of holding the both upcoast and downcoast, upon which to tideland in trust for the people, assess the effect of inlets (termed the where the preservation of a vital "shadow effect"). In addition, flow public right is secured with but characteristics vary from inlet to inlet and a minimal effect upon the interests multitude of such investigations would be of the upland owner. required to investigate the alongshore influence of inlets. There are, however, some A 1966 Caifornia Court of Appeals isolated open coast tide data near inlets or decision rejected the application of a .
decision rejected the application a within inlet throats close to the shoreline. continuously moving boundary in Peole vs There are more data interior to inlets. Such Kent Estate. However, no decision has been information for 24 Florida tidal inlets and
rendered as to what line to use (Collins and McGrath, 1989). More recently, Collins and passes are plotted in Figure 14 from which
some significant elucidating conclusions may McGrath (1989) report: be gleaned.
The Attorney Genere/'s Office in
he Attorney General's Office i The data of Figure 14 are displayed in
California has offered its informal
California has offered its informal terms of the measured inlet tide data minus
opinion that, if squarely faced
with the issue, California courts the open coast tide data of Balsillie and others would follow the reasoning in the (1987a, 1987b, 1987c). In this way the
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