PUBLIC TRUST WATERS AND SUBMERGED LANDS Public trust rights extend well beyond public access to the state’s beaches. These rights include, the “right to navigate, swim, hunt, fish and enjoy all recreational activities in the watercourses of the State” (N.C. Gen. Stat. § 1-45.1). The public trust doctrine is a common law principle whose origin predates the U.S. Constitution. The doctrine ensures that certain waters and the submerged lands they cover, are held in trust by the State for the benefit of the public. As the trustee, the state is obligated to ensure that these resources are protected and maintained for the public’s use. This is one of the principle reasons that the CRC designates the following as Public Trust Waters AEC: • •
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Waters and the lands underneath the Atlantic Ocean from mean highwater seaward to the state’s official boundary three miles offshore All navigable waters and their submerged lands extending landward to the normal high-water or normal water level. This does not include privately owned lakes where the public does not enjoy access rights Waters in artificially created water bodies with significant public fishing resources and accessible to the public from other waters Waters in artificially created water bodies where the public has acquired rights by prescription, custom, usage, dedication, or any other means
Public Trust Waters are coastal waters that are open for public use and include activities such as fishing, boating, watersports and swimming. Providing and expanding access to public trust waters is important in cultivating an ownership or desire by the public to protect and enhance these waters and resources for future generations to enjoy. Local governments and their plans play an important role in helping provide, protect and expand public access to NC’s public trust waters and beaches. According to the National Marine Manufacturers Association (NMMA), in 2010 NC had more than 400,000 registered recreational boats, most of which are used in public trust waters. Docks, marinas, boat launching facilities, and moorings provide boat owners with the access needed to exercise their public trust rights. However, the design, location, and density of these facilities can create environmental concerns (e.g., water quality, shading, damaged habitat, etc.) and the permanent occupation of public trust waters and submerged lands can cause conflicts with those who no longer have access to those waters. Boat facilities can also create conflicts with adjoining land uses given the level of activity, noise, boat traffic, and other issues associated with their operation. The uses of recreational and commercial vessels can also create conflicts due to their noise or operations. As an example, to address personal watercraft conflicts the Town of Nags Head’s 2010 Land Use Plan (2010, p. 96) limits the number
Comprehensive Land Use Planning in Coastal North Carolina
The docks along the waterfront in Southport, NC. The string of boat docks line the Cape Fear river opening.
Section 3.2
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