Public Trust Doctrine

The Pubic Trust Doctrine provides that public rights to tidal waterways and their shores in the state are held by the state in trust for the benefit of all of the people. Further, it establishes the right of the public to fully utilize these lands and waters for a variety of public activities. While the original purpose of the Public Trust Doctrine was to assure public access for navigation, commerce and fishing, in the past two centuries, state and federal courts have recognized that modern uses of tidal waterways and their shores are also protected by the Public Trust Doctrine. In New Jersey, the Public Trust Doctrine recognizes and protects natural resources as well as recreational uses such as bathing swimming, sunbathing, and walking along tidal waterways and their shores.

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