Law Commons^™

Riparian Rights And Public Trust: Enforcement Authority, Reeana Keenen

Virginia Coastal Policy Center

In Virginia, private landowners own the land to the Mean Low Water mark (“MLW”), whereas in many coastal states private landowners only own to the high water mark. The bottomlands channelward of the MLW mark in Virginia are governed by the Public Trust Doctrine, meaning that the state holds this land in trust for use by the public. However, use conflicts can arise where private landowners own property adjacent to publicly owned property or where public easements run through private property adjacent to public beach access points.

This Paper will provide a summary of the law regarding private and public …

The Chesapeake Bay Preservation Act: Proposed Modifications To Improve Resilience To Sea Level Rise, Christopher Antoine

Virginia Coastal Policy Center

There are a number of ways to increase resiliency to sea level rise, and localities should consider all of the potential methods available to them, as not all methods are feasible in every locality. This paper will examine how the CBPA [Chesapeake Bay Preservation Act, the "Act"] currently works to protect water quality and its current capability to help localities improve resilience. It will also consider some potential changes to the CBPA and other programs that may increase the Act’s ability to promote community resilience to sea level rise through rational development while maintaining the water quality benefits that the …

Increasing Living Shoreline Implementation In Virginia: Legal And Policy Recommendations, Christopher Antoine

Virginia Coastal Policy Center

When living shorelines are correctly implemented, they can provide a number of benefits to landowners, localities, and the state. Based on that knowledge, in 2011, the Virginia General Assembly codified a preference for the use of living shorelines in tidal shoreline stabilization projects to facilitate a greater realization of those benefits. Despite the statutory preference, much of Virginia’s tidal shoreline may not be realizing the benefits associated with living shorelines. A recent report from the Center for Coastal Resources Management (CCRM) at the Virginia Institute of Marine Science indicated that, in a sample of coastal Virginia localities from 2014-2016, as …