ABSTRACT

This chapter examines the issues of who owns various coastal resources and the character of the ownership. It addresses major trends in a governmental regulation of coastal resources at the federal, state, and local level, giving particular attention to the purposes and mechanics of regulation. The chapter discusses the constitutional issues raised by these regulations. Several federal laws set direct standards for development in coastal areas. Coastal management and law at the state and local level vary tremendously from state to state. One of the key legal issues regarding state coastal management efforts has been the degree to which state legislatures can delegate management decisions to specialized administrative boards, commissions or agencies. State and local governments also make extensive use of nonregulatory coastal management efforts. All governmental efforts to manage coastal resources must be carried out within the basic legal framework established by the United States Constitution and similar state constitutions.