N.C. Gen. Stat. § 77-20

Seaward boundary of coastal lands

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(a) The seaward boundary of all property within the State of North Carolina, not owned by the State, which adjoins the ocean, is the mean high water mark. Provided, that this section shall not apply where title below the mean high water mark is or has been specifically granted by the State.

(b) Notwithstanding any other provision of law, no agency shall issue any rule or regulation which adopts as the seaward boundary of privately owned property any line other than the mean high water mark. The mean high water mark also shall be used as the seaward boundary for determining the area of any property when such determination is necessary to the application of any rule or regulation issued by any agency.

(c) For purposes of this Article, "agency" means any part, branch, division, or instrumentality of the State; any county, municipality, or special district; or any commission, committee, council, or board established by the State, or by any county or municipality.

(d) The public having made frequent, uninterrupted, and unobstructed use of the full width and breadth of the ocean beaches of this State from time immemorial, this section shall not be construed to impair the right of the people to the customary free use and enjoyment of the ocean beaches, which rights remain reserved to the people of this State under the common law and are a part of the common heritage of the State recognized by Article XIV, Section 5 of the Constitution of North Carolina. These public trust rights in the ocean beaches are established in the common law as interpreted and applied by the courts of this State.

(e) As used in this section, "ocean beaches" means the area adjacent to the ocean and ocean inlets that is subject to public trust rights. This area is in constant flux due to the action of wind, waves, tides, and storms and includes the wet sand area of the beach that is subject to regular flooding by tides and the dry sand area of the beach that is subject to occasional flooding by tides, including wind tides other than those resulting from a hurricane or tropical storm. The landward extent of the ocean beaches is established by the common law as interpreted and applied by the courts of this State. Natural indicators of 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; and the storm trash line. (1979, c. 618, s. 2; 1998-225, s. 5.1.)

§§ 77-21 through 77-29. Reserved for future codification purposes.

Article 4.

Lake Wylie Marine Commission.

Notes of Decisions

Cited in 9 cases, 1991–2018 · leading case: Fabrikant v. Currituck County

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Fabrikant v. Currituck County (2005) ncctapp · cites it 14× “” These zones are (1) the “wet sand beach,” which is the area “subject to regular flooding by tides,” N.C. Gen. Stat. § 77-20 (e) (2003); (2) the “dry sand beach,” which is the area “subject to occasional flooding by tides, including wind tides other than those resulting from a…”

Nies v. Town of Emerald Isle (2015) ncctapp · cites it 33× “N.C. Gen.Stat. § 77-20 (2013). None of these natural lines of demarcation are static, as the beaches are continually changing due to erosion or accretion of sand, whether through the forces of nature or through human intervention.”

Town of Nags Head v. Richardson (2018) ncctapp · cites it 8× “The Revised 40A-47 Order concluded that the entire Easement Area was located within the State’s “ocean beaches” as defined in N.C. Gen. Stat. § 77-20 (e) 1 The Richardsons present several arguments concerning various other rights that they contend were taken by the Town,…”

Town of Nags Head v. Toloczko (2012) nced · cites it 7× “It might be that Ordinance 16-31(6) comes from such a background principle, especially if the ordinance reflects the “public trust” as recognized by N.C. Gen.Stat. § 77-20. However, for the court to make this determination, it would need to construe a local ordinance and a state…”

Fisher v. Town of Nags Head (2012) ncctapp · cites it 2× “” The seaward boundary has been determined to be the “mean high water mark,” N.C. Gen. Stat. § 77-20 (a) (2011), and can be located by natural indicators and observation.”

Town of Nags Head v. Cherry, Inc. (2012) ncctapp · cites it 2× “The Town has no authority under the common law or under N.C. Gen. Stat. § 77-20 to enforce the State’s common law rights, and therefore lacks the requisite subject matter jurisdiction to bring any action predicated on enforcement of the public trust doctrine.”

Sansotta v. Town of Nags Head (2012) nced · cites it 2× “See N.C. Gen.Stat. § 77-20. . Ordinance 16-31(6) reads: Storm or erosion damaged structures and resulting debris.”

Sansotta v. Town of Nags Head (2014) nced · cites it 2× “Under North Carolina law, the wet-sand beach is that portion of the beach seaward of the mean high-tide line, and is owned by the State of North Carolina.”

Cooper v. United States (1991) nced · cites it 4× “Private ownership in the dry sand is expressly established in N.C.Gen. Stat. § 77-20. Such private ownership is limited by the state’s power, under the doctrine of public trust, to acquire an interest in the property.”

— N.C. Gen. Stat. § 77-20(a) — 1 case

Sansotta v. Town of Nags Head (2014) nced “Under North Carolina law, the wet-sand beach is that portion of the beach seaward of the mean high-tide line, and is owned by the State of North Carolina.”

— N.C. Gen. Stat. § 77-20(d) — 3 cases

Nies v. Town of Emerald Isle (2015) ncctapp “N.C. Gen.Stat. § 77-20 (2013). None of these natural lines of demarcation are static, as the beaches are continually changing due to erosion or accretion of sand, whether through the forces of nature or through human intervention.”

Fabrikant v. Currituck County (2005) ncctapp “” These zones are (1) the “wet sand beach,” which is the area “subject to regular flooding by tides,” N.C. Gen. Stat. § 77-20 (e) (2003); (2) the “dry sand beach,” which is the area “subject to occasional flooding by tides, including wind tides other than those resulting from a…”

Town of Nags Head v. Toloczko (2012) nced “It might be that Ordinance 16-31(6) comes from such a background principle, especially if the ordinance reflects the “public trust” as recognized by N.C. Gen.Stat. § 77-20. However, for the court to make this determination, it would need to construe a local ordinance and a state…”

— N.C. Gen. Stat. § 77-20(e) — 2 cases

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