The State of Michigan defines riparian rights as “those rights which are associated with the ownership of the bank or shore of an inland lake or stream.” This resource was created to provide riparian property owners and members of the general public an outline of essential information pertaining to those riparian legal
How are riparian rights determined in Michigan?
Under Michigan law, “riparian land” is defined as a parcel of land which is bounded by, or includes therein, a natural watercourse. Putting a fine point on the matter, the Michigan courts have held that an “indispensable requisite” to riparian land is actual contact of the land with a natural water course.
What are the rights of a riparian owner?
Rights of a riparian owner
You have the right to protect your property from flooding and your land from erosion. If this involves making changes to the watercourse which could impact the quantity or quality of water for other riparian owners, we must give consent for the changes before they are carried out.
What is the meaning of riparian rights?
There are several types of water rights that apply to surface water. A landowner whose property borders a river has a right to use water from that river on his land. This is called riparian rights. Riparian rights gained legal recognition after California was granted statehood.
What is an example of riparian?
Examples of riparian rights include the right to build structures like docks or piers, access to the water for the purposes of swimming or fishing, and the right to exclusive use of the water on their property if the water is not navigable.
Do property lines extend into the water in Michigan?
Riparian owners on inland lakes own the bottomlands of the body of water, but the property lines do not extend straight into the lake as one might think. Instead, Michigan law handles this issue in two different ways, depending on the shape of the lake.
What are the water rights in Michigan?
Michigan landowners have a legal right to use the surface waters immediately adjacent to their property. Land is riparian when it includes or is bounded by a natural watercourse. Littoral land includes or abuts a lake.
What is the difference between riparian and littoral rights?
Littoral rights are a landowner’s claim to use of the body of water bordering their property, as well as the use of its shore area. Riparian rights are those rights and obligations awarded to landowners whose property is adjacent to or abutting a river or stream.
What are riparian responsibilities?
The riparian responsibilities under law are: – To pass on water flow without obstruction, pollution or diversion that would affect the rights of others. – To maintain the banks and bed of the watercourse (including any trees and shrubs growing on the banks) and any flood defences that exist on it.
Who owns the land under a body of water?
Landowners
Landowners typically have the right to use the water as long as such use does not harm upstream or downstream neighbors. In the event the water is a non-navigable waterway, the landowner generally owns the land beneath the water to the exact center of the waterway.
Do property lines extend into the water?
As a general rule, riparian owners own the submerged lands or “bottomlands” adjacent to their property. [1] This underwater ownership extends to the middle of the body of water. In other words, the individual who owns the shoreline, owns to the center of the stream or inland lake.
Who owns the land below the high water mark?
The same applies to seabed, being land below mean low water. This, in effect, means that the Crown owns all of it unless it has in the past given it away or sold it.
What does non riparian mean?
When it is said that a property does not have riparian rights (non-riparian) this typically means that they do not have exclusive access to the water’s edge and/or in some localities use of the land beneath the water. This is very common in neighborhoods that do not have a lot of waterfront access.
What can you do in a riparian zone?
Riparian areas can support diverse vegetation, help maintain bank stability, and increase ecological and economic productivity. A riparian zone is land alongside creeks, streams, gullies, rivers and wetlands.
How wide should a riparian zone be?
Minimum Buffer Widths
Where soil erosion, nutrient or pesticide pollution is a concern the riparian buffer must consist of Zones 1, 2 and 3. The combined width of these zones should be a minimum of 55 feet.
What are the zones of a riparian zone?
What are riparian zones? Riparian zones, or areas, are lands that occur along the edges of rivers, streams, lakes, and other water bodies. Examples include streambanks, riverbanks, and flood plains. They’re different from the surrounding uplands because their soils and vegetation are shaped by the presence of water.
Who owns the shoreline in Michigan?
U.S. District Judge Jon DeGuilio said there was no basis for three owners in Porter to sue to seek to undo a landmark 2018 Indiana Supreme Court ruling. That ruling clarified that the shoreline of Lake Michigan is owned by the state and held in trust for the enjoyment of all Hoosiers.
Is shoreline private property?
On most U.S. shorelines, the public has a time-honored right to “lateral” access. This means that people can move down the beach along the wet sand between high and low tide – a zone that usually is publicly owned.
How do water rights work in Michigan?
Public Rights on Michigan Waters
Michigan riparian property owners who own land on navigable inland lakes or streams own the respective bottom lands covered by water, however, they do not own the water or the fish that swim within those waters.
Are docks private property in Michigan?
Under the Michigan common law, riparian property owners generally have the right to install a dock, as well as a boat hoist and swimming raft, on their bottomlands. That is one of the benefits of riparian ownership.
Who owns water in Michigan?
The water in the Great Lakes is owned by the general public according to the Public Trust Doctrine. The Public Trust Doctrine is an international legal theory – it applies in both Canada and the United States, so it applies to the entirety of the Great Lakes.