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Riparian rights: what a landowner may do with water on the land

Riparian rights let the owner of land along a stream or lake make reasonable use of the water, shared with the other owners along it. North Carolina owns the land under navigable water, and piers, fill, and large withdrawals need state approval. A real estate attorney confirms the rights a deed carries.

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Quick summary: This guide explains what riparian rights are, how North Carolina shares water among the owners along a stream, what the State owns under navigable water, and which uses need state approval. It is for buyers and owners of land on a creek, river, lake, or sound. The key takeaway: a riparian owner has a right to reasonable use of the water, not ownership of it, and the State holds the bed of navigable water.

What riparian rights are

Riparian rights are the water rights that come with land that touches a stream, river, or lake. The word means “of the bank.” Land on a sound or the ocean carries littoral rights, and North Carolina statutes name the two together. The State lands law says it does not limit or expand the common law riparian or littoral rights of an owner.

Riparian rights belong to the land on the bank. A parcel that does not touch the water does not carry them. A parcel next to a stream is not the same as a parcel on it, so the deed and the plat decide which one you have.

How reasonable use works in North Carolina

North Carolina follows a reasonable use rule: each owner along a stream may make reasonable use of it, subject to the reasonable uses of the other owners. A UNC Institute of Government water law paper from 2007 traces how the state moved to this rule. Under the 19th-century natural flow rule, each owner had to pass the stream on undiminished. Under reasonable use, the owners share it.

The same paper sorts water into three classes, each with its own rule.

Water The rule the paper describes
Streams Reasonable use of the water, shared among the riparian owners
Groundwater Reasonable use of the water in connection with a reasonable use of the land above it
Diffused surface water (runoff) A reasonable use rule for drainage and flooding suits, from a 1977 North Carolina Supreme Court decision

The paper also notes that the stream and groundwater rules both lean against diversion of water away from the land. What counts as reasonable for one use on one stream is a question for a court, not for a map.

What the State owns under navigable water

The State owns the land under navigable water, and a private deed does not convey it. State law defines navigable waters and submerged lands. Navigable waters are all waters “navigable in fact.” Submerged lands are State lands beneath navigable waters and beneath the Atlantic Ocean out to three geographical miles. The State may not convey submerged lands in fee. It may grant easements in them.

This is the public trust side of water law. The intent section of Chapter 146 names boating, fishing, and swimming as public trust activities. It directs the State to balance riparian rights against its duty to protect those public rights.

Land that builds up at the bank follows two rules.

  • Natural build-up. Land raised above the high watermark by a natural process vests in the owner whose land adjoined the water.
  • Fill. Land raised by fill without State approval vests in the State. An owner who wants to fill in front of the land applies to the Department of Administration for an easement. Each adjoining riparian owner gets 30 days to object.

Watch for: A waterfront boundary that rests on an old survey. The bank moves over the years, and filled ground may not belong to the owner. A licensed land surveyor locates the line today, and a real estate attorney reads the title along the water.

Piers, docks, and coastal permits

A pier or dock over State-owned submerged land needs an easement from the State, and on the coast it needs a permit too. The Department of Administration grants easements in lands covered by water to adjoining riparian or littoral owners. Each easement covers only the front of the owner’s tract, extends no further than deep water, and may not obstruct navigation.

The Coastal Area Management Act adds its own permit. The coastal area definition lists 20 coastal-area counties as of July 1, 2012. Inside an area of environmental concern, the act requires a permit before any development, in addition to other permits.

  • Major development includes a project that needs an approval from listed state agencies or any federal agency, occupies more than 20 acres, or puts more than 60,000 square feet of structures on a parcel. The permit comes from the Coastal Resources Commission or its agent.
  • Minor development is every other development. The permit comes from the city or county when it runs an approved program, and from the State when it does not.

When a water withdrawal needs registration or a permit

A large withdrawal must be registered with the State even on riparian land. The registration statute covers any person who withdraws 100,000 gallons per day or more from surface water or groundwater. It also covers a transfer of that much between river basins. Agricultural withdrawals under 1,000,000 gallons per day are outside it. The registrant updates the registration every five years.

Registration is not a permit, and it is not a water right. The statute lets the State use a registration as evidence of historic water use if it later allocates water among users. Inside a capacity use area declared by the Environmental Management Commission, a withdrawal over 100,000 gallons per day needs a capacity use permit.

For a large user, the water source question goes to the utility and to NC DEQ before it goes to a stream on the site. See Data center water usage: what it means for a site.

Take action: Before you price waterfront or creek frontage, read the deed calls, the plat, and the mapped water on the parcel. Start with Acreage that holds up after the survey.

What the record shows, and who answers

The public record shows whether a parcel touches mapped water, how the deed and plat describe the waterline, and whether the land lies in a coastal-area county. It shows mapped floodplain, which can take the low ground along a stream. See Floodplain vs floodway: why the difference matters. It shows the mapped streams that can carry a buffer rule. See Stream buffers in North Carolina.

The record cannot show whether a water is navigable in fact, whether a past fill had State approval, or whether a neighbor’s use is reasonable.

  • A real estate attorney reads the title, the waterline calls, and the water rights. See Title search for land: what it finds and who does it.
  • A licensed land surveyor locates the boundary along the bank.
  • NC DEQ staff answer withdrawal registration, capacity use, and coastal permit questions.

Key recap

  • Riparian rights come with land that touches a stream, river, or lake. Land on a sound or the ocean carries littoral rights.
  • North Carolina follows a reasonable use rule: each owner may use the water, subject to the reasonable uses of the other owners.
  • The State owns the land under navigable water. It may grant easements in that land but may not convey it in fee.
  • Piers and fill over State-owned submerged land need State approval, and coastal development in an area of environmental concern needs a CAMA permit.
  • A withdrawal of 100,000 gallons per day or more must be registered, and capacity use areas require a permit.

Questions

Do I own the water in a stream on my land?

No. You have a right to make reasonable use of the water, shared with the other owners along the stream. A real estate attorney confirms what your deed and the case law give you.

Can I build a dock on my waterfront land?

Possibly. Over navigable water, the State owns the bottom and grants easements to riparian owners for piers and docks. On the coast, a CAMA permit may also apply. Ask the State and the local permit office before you design it.

Is a riparian buffer the same as a riparian right?

No. A riparian right is the owner’s right to use water. A riparian buffer is a rule that limits clearing and building along a stream. The same parcel can carry both.

References

Primary sources cited on this page, in APA style.

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