Coastal Services Center

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The Advantages of Incorporating Trust Responsibilities into Management Programs (1 of 3)

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Ensuring the Protection of the Public Trust

In several states, the Public Trust Doctrine has been incorporated, either expressly or by implication, into the state constitution. State and public interests, however, still suffer greatly without a statutory and regulatory framework for administering a state’s Public Trust responsibilities. There is no other means of ensuring that Public Trust uses and resources are protected except through judicial remedy.

Incorporating Public Trust principles into coastal management and submerged lands programs can help states

• Delineate public and private rights
• Resolve conflicts among public uses
• Effectively defend decisions that favor protection of trust resources and their use
• Revise decisions easily based on evolving knowledge and changing needs and values
• Integrate state and local management of trust resources and their use