The Definitive Guide to Maryland Riparian Rights

Maryland Riparian Rights: Everything to Know with Waterfront Homes

Maryland Riparian Rights are a set of legal rights and responsibilities that apply to Waterfront properties that are located adjacent to navigable waterways such as the Chesapeake Bay and its tributaries. These rights are often associated with waterfront properties and are designed to balance the interests of property owners and the general public in the use and enjoyment of these waterways.

In Maryland, the doctrine of riparian rights recognizes that waterfront property owners have certain rights related to the water that is adjacent to their property. These rights typically include the right to access the water, the right to erect a pier or dock, and the right to use the water for recreational purposes. Property owners may also have the right to accretion, which is the gradual accumulation of land caused by the movement of water, as well as the right to defend their property from erosion caused by the water.

At the same time, Maryland Riparian Rights are not absolute, and they can be limited or restricted by state and local laws. For example, a property owner may need to obtain permits or adhere to certain regulations when building a pier or other water access structure. Additionally, the public has the right to access and use the water for certain activities, such as fishing and boating, regardless of who owns the land beneath the water.

What is the riparian law in Maryland?

Riparian law in Maryland refers to the legal principles that govern the rights and duties of waterfront property owners adjacent to navigable bodies of water, including the Chesapeake Bay and its tributaries. Maryland riparian rights embody a delicate equilibrium, ensuring both the property owners' interests and the general public's access to and enjoyment of these waterways.

These rights encompass the ownership and use of the land submerged beneath the water, the utilization of the water itself, as well as access to it. It's important to note that the state of Maryland retains ownership over nearly all navigable waters and the submerged lands beneath them, and is obligated to permit free public access to any navigable water body.

What is The doctrine of Riparian Rights?

The doctrine of riparian rights is a legal principle that recognizes that waterfront property owners have certain rights and responsibilities related to the water that is adjacent to their property. These rights are typically based on the idea that a property owner's rights extend to the edge of their property, including any water that is adjacent to it.

In the context of Maryland Riparian Rights, these rights can include:

1. Access to the Water: Property owners may have the right to access the water from their property, either by walking down to the water's edge or by building a pier or dock.

2. Use of the Water: Property owners may have the right to use the water for recreational activities, such as swimming, fishing, and boating.

3. Accretion: Property owners may have the right to any land that gradually accumulates along their waterfront property due to the movement of water, known as accretion.

4. Erosion Control: Property owners may have the right to defend their property from erosion caused by the water, such as by building a retaining wall or installing riprap.

However, it's important to note that these rights are not absolute and can be limited or restricted by state and local laws. For example, a property owner may need to obtain permits or adhere to certain regulations when building a pier or other water access structure. Additionally, the public may have the right to access and use the water for certain activities, such as fishing and boating, regardless of who owns the land beneath the water.

Understanding the doctrine of riparian rights is important for both waterfront property owners and those looking to purchase waterfront property. Working with an experienced professional, such as a real estate agent or attorney, can help ensure that you understand your rights and responsibilities as a waterfront property owner and that you navigate any legal issues or questions that may arise.

Why are Maryland Riparian Rights not absolute?

Maryland Riparian Rights are not absolute because they are subject to various laws and regulations at the state and local levels that can limit or restrict the rights of waterfront property owners. There are several reasons why these rights are not absolute, including:

Public Interest

Maryland Riparian Rights are often balanced against the public interest in accessing and using navigable waterways for activities such as fishing, boating, and swimming. This means that while waterfront property owners have certain rights related to the water adjacent to their property, these rights must be balanced against the public's right to use and enjoy the water as well.

Environmental Protection

Maryland Riparian Rights are also subject to laws and regulations aimed at protecting the environment and preventing damage to water resources. This can include restrictions on construction and development near the water, as well as requirements for erosion control and stormwater management.

Zoning and Land Use Regulations

Maryland Riparian Rights are often subject to local zoning and land use regulations, which can place restrictions on the use of waterfront property for certain purposes, such as commercial or industrial activities.

Permitting and Licensing

Maryland Riparian Rights are also subject to various permits and licenses required for activities such as building a pier or dock, dredging, or constructing a seawall. These permits and licenses often come with conditions and requirements aimed at protecting the environment and ensuring public safety.

While Maryland Riparian Rights provide certain rights and responsibilities to waterfront property owners, these rights are not absolute and are subject to various laws and regulations at the state and local levels. It's important for waterfront property owners to understand these laws and regulations and work with an experienced professional, such as a real estate agent or attorney, to navigate any legal issues or questions that may arise.

What should potential home buyers be aware of before purchasing a house on the water?

When considering the purchase of a house on the water in Maryland, potential home buyers should be aware of several important factors related to Riparian Rights. 

Waterfront Home Access and Use. It's important to understand the extent to which you will be able to access and use the water adjacent to your property. This can include whether you will be able to build a dock or pier, what type of water activities you can engage in, and whether any restrictions or regulations apply.

Flood Insurance for Waterfront Properties. Waterfront properties are often at greater risk of flooding than other types of properties, and as such, may require flood insurance. Home buyers should be aware of any flood risks associated with the property and understand what type of insurance coverage is required.

Maryland Riparian Rights are an important consideration for waterfront property owners and those looking to purchase a waterfront property. It's important to understand the legal framework governing these rights and to work with an experienced Realtor professional and Real Estate Attorney, to navigate any issues or questions that may arise.

Purchasing a house on the water in Maryland can be a unique and rewarding experience, but it's important to understand that there is more to look into besides the home - legal and regulatory issues that may arise. 

The information provided in this article is for informational purposes only and should not be construed as legal advice. Maryland law may change at any time, and you should always seek the advice of a qualified Real Estate Attorney before making any decisions based on this information.