§ 77-20. Seaward boundary of coastal lands.
Article 3.
Lands Adjoining CoastalWaters.
§ 77‑20. Seawardboundary of coastal lands.
(a) The seawardboundary of all property within the State of North Carolina, not owned by theState, which adjoins the ocean, is the mean high water mark. Provided, thatthis section shall not apply where title below the mean high water mark is orhas been specifically granted by the State.
(b) Notwithstanding anyother provision of law, no agency shall issue any rule or regulation whichadopts as the seaward boundary of privately owned property any line other thanthe mean high water mark. The mean high water mark also shall be used as theseaward boundary for determining the area of any property when suchdetermination is necessary to the application of any rule or regulation issuedby any agency.
(c) For purposes ofthis Article, "agency" means any part, branch, division, orinstrumentality of the State; any county, municipality, or special district; orany commission, committee, council, or board established by the State, or byany county or municipality.
(d) The public havingmade frequent, uninterrupted, and unobstructed use of the full width andbreadth of the ocean beaches of this State from time immemorial, this sectionshall not be construed to impair the right of the people to the customary freeuse and enjoyment of the ocean beaches, which rights remain reserved to thepeople of this State under the common law and are a part of the common heritageof the State recognized by Article XIV, Section 5 of the Constitution of NorthCarolina. These public trust rights in the ocean beaches are established in thecommon law as interpreted and applied by the courts of this State.
(e) As used in thissection, "ocean beaches" means the area adjacent to the ocean andocean inlets that is subject to public trust rights. This area is in constantflux due to the action of wind, waves, tides, and storms and includes the wetsand area of the beach that is subject to regular flooding by tides and the drysand area of the beach that is subject to occasional flooding by tides,including wind tides other than those resulting from a hurricane or tropicalstorm. The landward extent of the ocean beaches is established by the commonlaw as interpreted and applied by the courts of this State. Natural indicatorsof the landward extent of the ocean beaches include, but are not limited to,the first line of stable, natural vegetation; the toe of the frontal dune; andthe storm trash line. (1979, c. 618, s. 2; 1998‑225, s. 5.1.)