establish boundaries that are generally recognizable and administrable and
can be identified clearly on a map. However, property owners should not be
deprived of riparian rights through arbitrary delineations. Within the coastal
zone there are three lines that affect riparian rights along the shore. These
are the upper wetland boundary, the mean high water line, and the mean low
water line. Over the course of several centuries, English law has recognized
the ordinary high water mark as the usual boundary between public and private
property. Several American colonies adopted the law, and the high water line
is recognized in Alabama, Alaska, California, Connecticut, Florida, Maryland,
Mississippi, New Jersey, New York, North Carolina, Oregon, Rhode Island, South
Carolina, and Washington. Massachusetts and Maine adopted a colonial ordinance
and now use the low water line. Delaware, Georgia, New Hampshire, Pennsylvania,
and Virginia also recognize the low water line as the boundary between public
and private land. Texas recognizes the high water line for common law grants,
but when Spanish or Mexican grants are involved, the line of higher high tide
is used. Louisiana adopted the line of highest winter tide, and in Hawaii
private property ends at the upper reach of the wash of the waves.
The upper wetland boundary is a physiographic and biological feature,
and only by coincidence would it be in the same position as a property boundary.
Knowledge of the position is important for regulatory activities. Dredge and
fill operations are generally prohibited in the wetlands unless a permit is
obtained. The authority of the U.S. Army Corps of Engineers has been expanded
under Section 404 of the Federal Water Pollution Control Act of 1972 to regulate
dredge and fill activity above mean high water. They had previously restricted
their authority to navigable waters, which under the River and Harbor Act of
1899 were understood to extend to the mean high water line. A phased program
of expanded regulations from 1975 to 1977 will result in Corps permits being
required for discharge of dredged or fill material not only in saline coastal
wetlands but in wetlands along major rivers and small tributaries if the average
flow is greater than 5 cubic feet per second. Lakes larger than 5 acres will
also be regulated.
The statutes of many States include references to tidal influence, map
contours, and vegetation characteristics of the wetlands. The relatively
small number of species of indigenous vegetation that grow in saline or
brackish conditions--usually & dozen will cover most localities--is quite
useful as a reliable indicator of tidal influence. Sapelo Island off the
coast of Georgia was selected by USGS to pursue the research objectives of
investigating coastal wetland mapping procedures and evaluating accuracy,
time, and costs. The site contains large areas of typical marsh vegetation
and some complicated transition zones. The tidal range is generally greater
than along most of the east or gulf coasts and averages 7 feet. The University
of Georgia has a Marine Institute on the island which has accumulated consider-
able background data on the region.