In the discussion thus far we’ve written about riparian buffers, riparian zones, and forested riparian buffers. The term comes from the Latin ripa, meaning river. In modern usage, however, a riparian area includes any body of fresh water, moving or still, and the land in close proximity to the water. The land near the water is the riparian zone, in that the land is very much shaped and influenced by the neighboring water.
Here we will discuss the following:
- Riparian Owners’ Rights
- Eliminate Uncertainty Regarding Your Rights
- Restoration Efforts
In “Maryland’s Wetlands” and “Buffer Management and Mitigation“, we discussed the many benefits of wetlands including riparian lands.
Natural and restored riparian waters and lands dissipate water flow rates. That mitigates flood damage; and enables pollutants, excess nutrients, and sediment to settle out of the water column rather than continuing downstream and entering the Bay. Riparian buffers with natural vegetation and trees further reduces erosion by stabilizing soil on the banks of streams and rivers, and forested buffers keeps water temperature in a range more hospitable to spawning and growing hatchlings.
Riparian Owners’ Rights
A riparian owner is anyone that possesses or owns land bordering a stream, river, or any body of fresh water, whether it is moving or still. Certain valuable riparian rights are extended to riparian owners, including the right to “reasonable access” to the water. That often includes the ability to build a pier into the water for boating, swimming, fishing, and the right to, for instance, construct a duck blind for hunting. And, of course, waterfront property and water views significantly enhance the value of property and residences.
Those rights are, however, are not absolute. Since riparian owners share the same rights, one owner cannot exercise their rights in a manner that deprives a neighboring owner the reasonable exercise of their rights.
It is also important to determine the exact nature of rights that pertain to a specific property. The federal government has the right to regulate navigable waterways and Maryland has considerable interest in ensuring all reasonable steps are taken to protect and enhance buffer zones, riparian zones and critical areas, to nurture improvements in the health of Chesapeake Bay.
So, for instance, we described in “Buffer Management and Mitigation” how a homeowner, in order to construct a path to the water, or to a pier on the water, may need to obtain approval. An approved Buffer Management Plan describing how the work will be done in the least invasive manner possible, and obligating the owner to replant trees and use permeable material for the pathway, might be price to exercise a particular riparian right.
Eliminate Uncertainly Regarding Your Rights
There are also a few commonsense steps a prospective homeowner should consider to eliminate uncertainty regarding the rights that attend to property. They include reviewing the specific rights the deed conveys to a buyer; whether subdivision platting, declarations, and covenants restrict rights; and if a homeowners’ association is involved, inquire into what authority the association believes it has over water access, or building piers or bulkheads.
Ideally the deed will clearly convey ownership of the land down to the water. For Maryland that means the mean high tide level. In Maryland the state owns the land below mean high tide, the water, and the land beneath the water, but the right to pier access to the water is generally retained by the homeowner. If the deed uses less specific language it may still convey ownership down to the water, but be sure of that. Ownership down to the water ensures no one can build between you and the water or build a pier between your property and the water. And you will have the right to protect your land from erosion.
Where a lot is part of a subdivision and you believe you are buying waterfront property, take care that the developer or a community association did not retain a small strip of land between the lot and the water, and thereby retaining the riparian rights.
In the case of a homeowner’s association, their covenants regarding riparian rights, or the right to build a pier, should not trump a clearly written deed, but finding out what they perceive is their authority would be good to know before purchasing a residence or lot. If the deed and the association are in conflict, then exercising you rights may be contentious.
If you are considering a waterview lot or residence with no riparian rights, you may not have water access, a pier might be built between your home and the water, and if a buildable lot is between you and the water, a structure can be built that may obstruct your view. In this situation a community association might ensure the right of the community, including waterview lots, to launch a boat, use a pier, swim, or fish, on riparian land it controls.
Restoration Efforts
The enormous value of riparian zones has generated considerable local, state, and federal interest in preserving these areas and actively restoring the health of riparian buffers where they have been lost.
Construction and land disturbance, such as clearing brush or grading, are generally prohibited in the Buffer. New structures, roads, septic systems, sheds, and utilities must be located outside the Buffer. The cutting and clearing of trees or the removal of natural vegetation is not allowed unless a property owner has an approved Buffer Management Plan.
Some activities that are determined to be water-dependent, such as a boat ramp, that provide access to the shoreline, or that are associated with shore erosion control measures, can be allowed in the Buffer subject to certain regulatory requirements and permits.
The Executive Summary of the Final Maryland Phase I Watershed Implementation Plan released in December 2010, included substantial and repeated references to the cost-effective nature of restoration of buffers, riparian zones, riparian forests, wetlands and similar lands. These plans included private, state, and federally owned properties. And there is a possibility of government funding to defray some of the costs of private efforts to restore or enhance riparian zones.
Information presented in this article is believed to be accurate. However, legislation and enforcement are subject to change and interpretation. It is recommended that you contact your local government land use department in order to discern how regulations are enforced in your area. This information is presented without warranty.
