Area between mark and timber islands

[Onshore]

Originally Posted by Little Bear

Thanks for your input and opinion, Shore Things. I don't disagree that the public can utilize the water in front of a private home. However, in the context of the discussion, I was using the word "exclusive" in terms of the property owner having "rights" that are not available to, or afforded to the public. A property owner has the "right" to install a dock in front of their property as long as they meet the requirements set forth by the State. The public has no right, (and cannot) install a dock in front of a private landowner's property. We may be splitting hairs, but I stand by my position that the word "exclusive" applies in this context.

PS: While I have you on the phone...will the State issue a permit to place rocks along the shoreline to stop substantial erosion?

I never had the impression that you thought you could exclude the public from public waters. And I would agree there is an exclusive right involved. I was simply pointing out that the exclusive part applies to the privately held land, not the water, that's all. There is a reason that the author of the decision cited by Winni83 talks about having "rights which are more extensive..." rather than exclusive. And yes we are splitting hairs.

In answer to your question, yes, the state will permit shoreline stabilization where erosion and loss is occurring. If you, or anyone else reading this, are thinking about requesting a permit for shoreline stabilization I would suggest that you start taking photographs of the at risk areas to document the damage that is occurring. They will come in very handy in the future.