V-108 



vary from State to State. Almost each State differs from Its 

 neighbor in how it defines and interprets such basic units and 

 concepts as submerged lands, navigability, tidelands, marshlands, 

 and abutting lands. 



REGULATORY POWERS OF THE STATES 



Under their police powers, the States can legislate for the protection 

 or promotion of public health, safety, moral, or for the general 

 good. This attribute of sovereignty enables the States to regulate 

 the use of estuarine zone, land, and waters and to control the 

 actions of individuals upon them. Despite the many variations 

 among States, the basic Constitutional doctrines which allow them 

 to create and enforce property rights for use and transfer can be 

 outlined along with some important limitations on this power. 



Among the legislative tools which can be utilized in estuarine 

 management are the following: 



(1) a declaration of public rights, such as access; 



(2) zoning or allocation and use controls, usually 

 delegated to the local subdivision; 



(3) taxation, used preferrentially for estuarine 

 preservation; 



(4) development easements, or the purchasing of partial 

 public rights; and 



(5) eminent domain. 



