Marky1

High / Low water access

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I know this subject has been beaten with a stick so many times, regarding fishing on a beach. Which is correct ? private property to the low water mark or at high water mark ?  The reason I ask ,... I would hate to pay the property taxes if the low water line was 1/4 mile out at low tide .

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MA General Law chapter 91

 

What is the difference between private tidelands and Commonwealth tidelands?

Commonwealth tidelands are held in trust by the state for the public. They include all land seaward of mean low water. Private tidelands are considered the area between mean low and mean high tide. Even though they may be privately owned, private tidelands are subject to the Public Trust Doctrine, whereby the public retains the rights to fish, fowl and navigate in this so-called "intertidal zone."

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On 9/24/2020 at 7:56 PM, Marky1 said:

I know this subject has been beaten with a stick so many times, regarding fishing on a beach. Which is correct ? private property to the low water mark or at high water mark ?  The reason I ask ,... I would hate to pay the property taxes if the low water line was 1/4 mile out at low tide .

Interesting way to look at this ... wonder if the towns of Dennis, Brewster et al are actually considering this in there property tax formulas? There has got to be spots in Brewster where the flats are exposed well beyond a mile ... ouch

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It’s pretty simple if you can access the shore either with permission from a private area or from a public access point you have the right to then fish on any private beach as long as you are below the mean high tide line, and seaward of the low tide line is all public, you can also cross jettys or other manmade private impediments to continue to access the intertidal zone, be prepared for a fight with a few blisslessy ingnorant homeowners or local police but stand your ground, it’s our right which was granted to us before the revolution 

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Same applies to Maine since we were once a colony of MA.  We don't pay property taxes on intertidal land, nobody is going to take the time to actually survey it at MLW...

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