Do you know the difference between littoral and riparian zones? Many people use these terms interchangeably, but technically they refer to different types of water bodies. In this article, we will explore the distinctions between these two terms and shed light on their significance.
How Do Littoral Zones Differ from Riparian Zones?
A littoral zone encompasses bodies of pooled water like ponds, lakes, and oceans. On the other hand, a riparian zone refers to flowing water bodies such as rivers, creeks, and streams. The Virginia Supreme Court has made it clear that although these terms are mistakenly used interchangeably, they have distinct meanings. According to the court, "littoral" pertains to the coast or shore of an ocean, sea, or lake, while "riparian" signifies being located on the bank of a river or stream[^1^].
Image: Natalya Erofeeva
Exploring Riparian Rights
Riparian rights are the privileges enjoyed by the owner of riparian land. These rights are recognized under Virginia law and include five specific benefits[^2^]. Establishing a riparian area is crucial for exercising these rights. You can learn more about riparian rights and how to establish a riparian area in our blog post titled "Riparian Rights Explained - What Are Riparian Rights in Virginia?"[^2^].
Understanding Littoral Rights
While treating littoral and riparian rights as equals is usually acceptable, there are exceptions. In Virginia, the ownership of bottomland beneath littoral waters, such as ponds and lakes, belongs to private individuals. However, the bottomland beneath riparian waters, like rivers and creeks, is owned by the Commonwealth of Virginia, with a few exceptions[^3^]. This distinction becomes particularly important when it comes to the five riparian rights conferred by Virginia law. Littoral property owners may find themselves without some of these rights due to the private ownership of bottomland[^3^].
Examples of Littoral Rights
To further illustrate the difference, let's consider the right to build a pier from the shore out to the line of navigation. This right is held by riparian property owners whose bottomland is owned by the Commonwealth of Virginia. However, littoral property owners abutting a lake or pond may or may not have a similar right. This distinction may also apply to property line adjustments resulting from accretion and erosion[^4^].
Image: Robert Cicchetti
What Makes Littoral and Riparian Rights Different?
Determining the extent of your rights, whether they are littoral or riparian, can be complex and requires specialized expertise. It is advisable to consult attorneys who specialize in Waterfront Property Law. Our experienced team goes the extra mile to protect your rights and provide the assistance you need. In fact, one of our attorneys once waded into the water to protect a client from facing criminal charges. With us, you can expect exceptional service from professionals who truly care about your needs[^5^].
So, whether you own littoral or riparian lands, it's crucial to have a clear understanding of your rights. Reach out to us and let our dedicated attorneys guide you through the complexities of the law.
[^1^]: Lynnhaven Dunes Condo. Ass'n v. City of Va. Beach, 284 Va. 661, 673 fn. 6 (2012). [^2^]: Riparian Rights Explained - What Are Riparian Rights in Virginia? [^3^]: Do I Control What Happens on the Water at my Waterfront Property on a Lake or Pond? [^4^]: Accretion and Erosion: Property Line Adjustments Along Virginia Waterfront. [^5^]: Contact Us - Waterfront Property Law Team.
