Environment 2000
Connecticut's Environmental Plan 1992-1997


Public Trust Doctrine

GOAL:
Preserve the tidelands and lands beneath tidal, coastal and navigable waters of the state and ensure their availability for future generations of beneficiaries pursuant to the public trust doctrine.

OBJECTIVE:
Foster an understanding of the public trust doctrine and to facilitate the State's discharge of its fiduciary responsibilities as trustee of tidelands and lands beneath tidal, coastal and navigable waters for the public.

STATUS AND TRENDS:
Connecticut owns its tidelands and lands beneath tidal, coastal and navigable waters. This ownership is governed by the ancient .'public trust doctrine". In its most general sense this doctrine provides that the individual states hold these lands and w aters in trust for the people so that they may exercise their common rights of navigation, commerce and fishing. As a trustee it is the State's duty to protect the "assets" of the trust, i.e. the lands, waters and resources they support, for its benefici aries. The unique nature of the State's ownership and trust interests in these lands requires management which goes beyond standard state police power authority geared toward protection of general health, safety and welfare. Connecticut's public trust r esponsibilities are currently carried out by the Department of Environmental Protection through its regulation of activities in, on and affecting trust lands and waters. These permit programs are supplemented by the Coastal Management Act which embodies speific public trust principles such as the prioritization of water dependent uses along the shore and provision of public access to public waters. Additional ways to manage trust resources need to be investigated. A definitive process to treat distinct ive trust resources is required. There is a need to educate the public regarding this doctrine and the specific steps toward its application in managing trust assets.

STRATEGIES:

  1. Develop a public education and outreach program regarding the public trust doctrine for target groups.
  2. Minimize non-water dependent encroachments in public trust land and waters.
  3. Develop and utilize public trust standards in regulations governing structures, dredging and fill in tidal, coastal and navigable waters.
  4. Investigate and prepare recommendations on conflicting uses of public trust lands and waters including for example: private docks vs. public use; shell fishing vs. marinas; marinas vs. small boat navigation and passive recreational use.
  5. Prepare a "white paper" reviewing public trust/submerged land leasing programs of other states.
  6. Research and recommend appropriate limits for the duration of state permits for activities in public trust lands and waters.

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