397 



Standards of measurements also frequently differ. Louisiana 

 measures from the highest winter tide and Texas from the mean 

 higher tide. Further complications arise from the fact that, even 

 if precise and standardized measurements are used, tidal 

 characteristics vary from coast to coast. 



(3) Outer Limits Claims — While State territorial boundaries 

 are generally considered to extend only out to 3 miles, some 

 States exert claims to waters beyond this limit. Louisiana, for 

 example, claims up to 27 miles and Texas up to the outer edges of 

 Continental Shelf. 



(4) Extent of Delegated Power — Most States delegate the re- 

 sponsibility for the use of land above the high water mark to their 

 municipalities and counties. However, a few like Hawaii stress 

 statewide zoning and reserve this prerogative to the State. In 

 general, there is a wide variation in the extent of home rule 

 granted by each State to its localities. 



In conclusion, the boundaries of private property in tidelands vary 

 from State to State, Almost each State differs from its neighbor in 

 how it defines and interprets such basic units and concepts as sub- 

 merged lands, navigability, tidelands, marshlands, and abutting lands. 



REGULATORY POWERS OF THE STATES 



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

 of promotion of public health, safety, morals, 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 individ- 

 uals upon them. Despite the many variations among States, the basic 

 constitutinal doctrines which allow them to create and enforce prop- 

 erty 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 preferentially for estuarine preservation. 



(4) Development easements, or the purchasing of partial public 

 rights. 



(5) Eminent domain. 



Yet there are limits to these broad State powers. First, the supremacy 

 clause of the Constitution may prevent the State from acting in an 

 area where the Federal Government, through its interstate commerce 

 and treatymaking powers, has preempted the field. Secondly, the 

 establishment of estuarine rulemaking bodies may occasionally be sub- 

 ject to attack as an improper or invalid delegation of legislative 

 authority. 



Third, procedural due-process may invalidate State actions that 

 are taken without notice and/or the opportunity to have hearings 

 before the affected parties. 



Also, the equal protection doctrine requires the government to act 

 fairlv in treating all alike without arbitrary or discriminatory 

 classifications. 



