What do duck blinds in the Pamlico 

 Sound have in common with shellfish 

 leases in Core Sound, crab pots in 

 Bogue Sound and marinas in the 

 Chowan River? 



They are all private uses of the 

 state's public trust waters. 



Most of us at one time or another 

 will use public land or water to hunt, 

 fish, boat or swim. This is a constitu- 

 tionally guaranteed right, although we 

 must follow certain rules to enjoy it. The 

 state is entrusted with the job of enforc- 

 ing these rules and protecting the re- 

 sources and their public uses. 



As the trustee of public water and 

 land, the state also has the power to 

 grant private uses of these resources. 

 Marinas and docks are the most com- 

 mon exclusive uses. Less obvious are 

 pound nets, crab pots and gill nets set by 

 fishermen. 



In times past, many private uses 

 went unnoticed because of North 

 Carolina's vast water acreage and its 

 small population. But times are chang- 

 ing, and more people are competing for 

 the finite coastal waters and resources. 

 As a consequence, the state is searching 

 for a balance between protecting the 

 natural resources and allowing appropri- 

 ate private uses in public waters. 



The state's role as steward of these 

 trust areas — land and water owned by 

 all — is best understood by thinking of 

 the waters as park lands, says Walter 

 Clark, N.C. Sea Grant's coastal law 

 specialist. Exclusive, private uses of 

 these areas are regulated and weighed 

 against the loss of public access. 



"Compare marinas to private con- 

 cessions in state parks," Clark says. 

 "They provide a public benefit, yet ar- 

 guably, their owners should pay some- 

 thing for making a profit from state 

 property. Of course, whatever they pay 

 should be fair and not so burdensome as 

 to drive marinas out of state waters." 



In North Carolina, marinas have 

 been the legal testing grounds for the 

 state's management of private, for-profit 

 uses of public trust areas. The ripples of 

 court decisions might eventually rock 

 developers who build docks to enhance 

 land value and even single homeowners 



who want to enjoy a dockside view or 

 moor their boats. 



At present, however, there are no 

 plans to extend the newly interpreted 

 rules beyond exclusive, commercial 

 users of public areas, says Joe Henderson, 

 deputy director of the State Property 

 Office. 



The debate has centered on marinas' 

 rights to profit from the free use of public 

 resources. 



Environmentalists argue that marinas 

 have no such rights, particularly when 

 they might harm the nearby ecology. 

 Developers, however, argue they have a 

 "riparian" right to build docks and mari- 

 nas on water adjacent to their property. 



♦ 



Most of us of one time 



or another will use 

 public land or water to 

 hunt, fish, boat or swim. 

 This is a constitutionally 



guaranteed right, 

 although we must follow 

 certain rules to enjoy it. 

 The state is entrusted 

 with the job of enforcing 

 these rules and protecting 

 the resources and 

 their public uses. 



♦ 



The court rulings have fallen on the 

 environmentalists' side. Courts have 

 ruled that marinas — defined as facilities 

 for more than 10 boats by the Division of 

 Coastal Management — must apply for 

 easements, which are a management tool 

 granting someone specific rights to use 

 land owned by the state. 



The state had not required easements 

 or the associated fees before the rulings. 



Historically, riparian rights applied 

 only to a small portion of water, but the 

 ability to build marinas and multiple 

 docks has pushed these limits and 

 launched the debate over uses of public 

 trust waters. This pattern has been driven 

 by demand for access to the water. From 



1980 to 1990, North Carolina permits 

 were issued for 144 marinas and 655 

 other multiple-boat facilities. Over 

 14,000 new slips were authorized by 

 these permits. 



The Public Trust 

 Doctrine 



The public trust doctrine gives 

 states control over waters in navigable 

 rivers, streams, lakes, and in the ocean 

 from three miles offshore to the average 

 high-tide line. 



It also lets the state shape policy for 

 private uses of these waters, such as 

 where marinas are built, where docks 

 are erected and where shellfish are har- 

 vested. 



"The public trust doctrine is de- 

 signed to be flexible," Clark says. 

 "North Carolina courts have interpreted 

 the doctrine recognizing that new rights 

 may be added if the needs of society so 

 dictate." 



In recent years, a new pattern of 

 public trust laws has emerged from U.S. 

 courts. For generations, the courts had 

 narrowly interpreted the doctrine to keep 

 fishing grounds and shipping lanes free 

 from private control or interference. Its 

 original intent was to limit obstructions 

 to trade and protect commerce. 



But this interpretation has broad- 

 ened to embrace environmental and 

 recreational concerns as well. Accord- 

 ingly, as the nation's population has 

 edged toward the coast, some govern- 

 ment controls on waterfront develop- 

 ment have increased under the auspices 

 of public trust. 



Still, there is no universal law on the 

 subject of public trust doctrine. Each 

 state applies the doctrine according to its 

 own views of justice and policy. 



Private Uses 



In North Carolina, property owners 

 have generally been allowed to build 

 docks in trust areas if they don't unfairly 

 interfere with public uses. Marinas, on 

 the other hand, have had to satisfy a list 

 of environmental standards before cross- 

 ing trust areas with their docks and boat 

 slips. 



Continued 



COASTWATCH 17 



