Bollay v. Office of Administrative Law

*106Opinion

NICHOLSON, Acting P. J.

The property line between publicly owned tidelands and contiguous upland property is known as the mean high tide line. That line is not constant; it changes over time with the level of the sea and the erosion or buildup of the shore.

This case is a challenge to a policy of the State Lands Commission (Lands Commission) prohibiting development seaward of the most landward historical position of the mean high tide line. The challenge is limited to the argument that the Lands Commission’s policy is a regulation and, therefore, is not valid because it is an underground…