Public Trust Doctrine

Why the Public Trust Doctrine Matters to Great Lakes Waterfront Buyers

The Public Trust Doctrine is one of the most important concepts for Michigan Great Lakes waterfront buyers to understand.

It helps explain why private waterfront ownership and public shoreline rights can exist at the same time.

Many buyers assume that owning Great Lakes waterfront means they fully control every part of the beach in front of the property.

That assumption can be incomplete.

In Michigan, portions of the Great Lakes shoreline remain subject to public trust principles. Those principles can affect how buyers understand shoreline walking, public use, privacy, waterfront improvements, and long-term ownership expectations.

That does not mean private waterfront ownership is weak.

It means Great Lakes waterfront ownership has a public-trust layer that buyers should understand before assigning value.

Definition

The Public Trust Doctrine is the legal principle that certain natural resources are preserved for public use and cannot be completely controlled by private ownership.

In Michigan, the Public Trust Doctrine applies to the Great Lakes and protects public interests such as navigation, fishing, hunting, and certain shoreline uses. Even where shoreline property is privately owned, portions of the Great Lakes shoreline remain subject to public trust rights.

The Michigan Supreme Court’s decision in Glass v. Goeckel confirmed that the public has the right to walk along Great Lakes shoreline below the Ordinary High Water Mark. The court tied that walking right to the public trust doctrine and the public’s traditional rights in the Great Lakes.

In plain terms, the Public Trust Doctrine asks:

“Which parts of the Great Lakes shoreline remain protected for public use, even when nearby land is privately owned?”

That question matters for anyone buying, selling, or evaluating Great Lakes waterfront property in Michigan.

The Common Mistake

The common mistake is assuming that private ownership means complete shoreline control.

A buyer may think:

“I own the waterfront.”

“The beach is in front of my property.”

“The public cannot walk there.”

“That area must be exclusively mine.”

On Michigan’s Great Lakes, that may not be the full picture.

A property owner may have important private ownership rights.

The public may also have certain rights connected to the Great Lakes shoreline.

Those two concepts can coexist.

That is why the Public Trust Doctrine is not just a legal concept. It is a buyer-expectation issue.

If a buyer expects complete beach exclusivity and later learns that the public may walk below the Ordinary High Water Mark, the property may feel different than expected.

That difference can affect privacy, perceived value, resale expectations, and buyer confidence.

Public Trust Doctrine and the Ordinary High Water Mark

The Public Trust Doctrine is closely connected to the Ordinary High Water Mark.

The Ordinary High Water Mark, often shortened to OHWM, helps identify the shoreline zone where certain public trust rights may apply.

In Glass v. Goeckel, the Michigan Supreme Court held that the public may walk along Great Lakes shoreline below the Ordinary High Water Mark. That decision is one of the key reasons OHWM matters so much to Great Lakes waterfront buyers.

For a buyer, the important point is not only where the lot line sits.

The important point is how private ownership, public trust rights, and the physical shoreline interact.

That interaction can affect how the property is used, experienced, marketed, and understood.

The Beach Walker Case

The Beach Walker Case is the common shorthand for Glass v. Goeckel, the Michigan Supreme Court case that addressed whether members of the public could walk along the Great Lakes shoreline in front of privately owned waterfront property.

The court held that the public may walk along the Great Lakes shoreline below the Ordinary High Water Mark. The case focused on Lake Huron, but its reasoning is important for Great Lakes shoreline ownership throughout Michigan.

This does not mean the public can cross private yards to reach the beach.

It does not mean the public can use private decks, stairs, docks, furniture, firepits, or other improvements.

It does not mean every shoreline activity is automatically allowed.

But it does mean that Great Lakes waterfront buyers should understand that public walking rights may affect the shoreline below the OHWM.

That is the practical issue most buyers need to understand.

Public Trust Doctrine and Littoral Rights

Great Lakes waterfront owners are often described as having Littoral Rights.

Littoral rights are rights associated with property that borders a large body of water, such as the Great Lakes.

Those rights can be valuable.

They may involve access, use, views, boating, shoreline enjoyment, and other waterfront ownership expectations.

But littoral rights do not eliminate the Public Trust Doctrine.

They exist within the larger legal and regulatory structure of Great Lakes ownership.

That is why a buyer should avoid oversimplified statements like:

“The beach is private.”

or:

“The public can use all of it.”

The better question is:

“How do private littoral rights and public trust rights interact on this specific property?”

That question belongs in any serious Great Lakes Waterfront evaluation.

Great Lakes Waterfront Is Different From Inland Lake Waterfront

The Public Trust Doctrine is one reason Great Lakes waterfront ownership can differ from inland lake ownership.

On an inland lake, buyers often think primarily in terms of riparian rights, dock placement, private frontage, lake access, and neighboring use.

On the Great Lakes, buyers must also understand the public trust layer.

That does not make Great Lakes waterfront less desirable.

In many Northern Michigan markets, Great Lakes frontage is among the most valuable and emotionally powerful real estate available.

But it does mean the ownership experience may be different than buyers expect.

Great Lakes buyers should evaluate:

public shoreline walking rights
the Ordinary High Water Mark
shoreline privacy
public access points
beach width
shoreline permitting
erosion exposure
water-level change
long-term public use patterns

This is why Great Lakes Waterfront should be evaluated as its own ownership category, not treated exactly like inland lake property.

Public Trust Doctrine and Waterfront Privacy

The Public Trust Doctrine can affect waterfront privacy expectations.

A Great Lakes waterfront property may feel private.

It may have a long driveway, wooded setting, private frontage, and no obvious public access nearby.

But if the shoreline is walkable below the Ordinary High Water Mark, the public may still be able to walk that portion of the beach.

That does not necessarily reduce value.

Some buyers enjoy active shorelines.

Some buyers like being near public beaches, trails, parks, and walkable shoreline areas.

Other buyers want quiet, separation, and minimal foot traffic.

The issue is not whether one preference is right or wrong.

The issue is whether the buyer understands the property’s actual privacy profile.

That is why the Public Trust Doctrine connects directly to Practical Privacy and Waterfront Usability.

A buyer should ask:

Is the shoreline commonly walked?
Is there public access nearby?
Is there a public road end, park, trail, or launch close to the property?
How wide is the beach during normal use?
Are the home, deck, patio, beach area, or firepit visible from the walkable shoreline?
Does topography or vegetation create screening?
Does the property feel different during peak summer use than during a quiet showing?

The Public Trust Doctrine is legal.

Practical privacy is lived.

Buyers need to understand both.

Public Trust Doctrine and Public Access Points

Public trust rights are often more noticeable when there are public access points nearby.

A Public Road End, public beach, boat launch, park, trailhead, or shoreline access area may increase the number of people who reach and walk the shoreline.

That does not create unlimited public rights.

But it can change the way a property feels.

A Great Lakes property far from public access may experience very little shoreline activity.

A similar property near a public access point may experience regular foot traffic.

Both may be subject to the same general public trust principles.

But the real-world experience may be very different.

This is why buyers should evaluate both the legal concept and the actual access pattern.

That connects to Access Friction, Practical Privacy, and Buyer Friction Signal.

Public Trust Doctrine and Shoreline Improvements

The Public Trust Doctrine is not only about walking the shoreline.

It also helps explain why Great Lakes shoreline improvements can involve public regulation.

Michigan EGLE states that its regulatory authority for Great Lakes submerged lands extends to the Ordinary High Water Mark of each lake. EGLE also explains that permits may be required along and below the OHWM for activities such as dredging, filling, seawalls, docks, and other structures.

That matters for buyers who are thinking about:

seawalls
revetments
riprap
dredging
filling
dock work
shoreline stabilization
erosion control
stairs
beach grooming
vegetation removal
shoreline structures

The buyer may want to improve, protect, or modify the shoreline.

But Great Lakes shoreline work may require permits, review, and regulatory interpretation.

That is where the Public Trust Doctrine connects to Shoreline Setbacks, Regulatory Friction, and Dockable Shoreline.

A shoreline improvement may be possible.

But it should not be assumed.

Public Trust Doctrine and Waterfront Usability

The Public Trust Doctrine affects Waterfront Usability.

Waterfront usability is not only about whether a property touches water.

It is about how the waterfront can actually be used, enjoyed, improved, maintained, and understood.

A buyer may care about:

swimming
walking
sitting on the beach
launching kayaks
placing chairs
using a dock
maintaining stairs
controlling guest access
preserving privacy
managing erosion
protecting the shoreline
reselling the property later

The Public Trust Doctrine may affect several of those expectations.

It does not make the property unusable.

It makes the ownership structure more layered.

That is why serious waterfront evaluation should include both legal use and practical use.

Public Trust Doctrine and Seasonal Change

Great Lakes shorelines change over time.

Water levels rise and fall.

Beach width changes.

Vegetation shifts.

Storms alter shorelines.

Erosion can change the physical experience of a property.

Michigan Sea Grant explains that the Great Lakes can involve multiple OHWM concepts, including state, local, and natural markers, and that these markers help distinguish different areas near the Great Lakes shoreline.

That matters because buyers sometimes evaluate a property based only on the shoreline as it appears during one showing.

A beach may look wide during a low-water period.

It may look much narrower during a high-water period.

Public walking patterns may also change as the shoreline changes.

This is why Seasonal Honesty matters.

A Great Lakes waterfront property should be evaluated as a dynamic shoreline, not a static photograph.

Why It Matters to Buyers

The Public Trust Doctrine matters to buyers because it can affect:

beach privacy
shoreline walking
public access expectations
waterfront use
shoreline improvement planning
permitting
resale confidence
neighbor expectations
buyer satisfaction
long-term ownership assumptions

A buyer who understands public trust rights can make a stronger decision.

A buyer who misunderstands them may feel surprised later.

That surprise can create friction.

It can change how the buyer interprets the property.

It can also create unnecessary conflict between owners, neighbors, and shoreline users.

The better approach is to understand the doctrine before purchase.

What Buyers Should Investigate

Before buying Great Lakes waterfront property, buyers should ask:

Is this Great Lakes frontage or inland lake frontage?
Where is the Ordinary High Water Mark relevant to this property?
Is the shoreline commonly walked?
Are there public access points nearby?
Are there road ends, parks, trails, beaches, or launches close to the property?
How does public shoreline walking affect the property’s practical privacy?
Are there existing shoreline improvements?
Were shoreline improvements properly permitted?
Would future shoreline work require EGLE or local approval?
Are there association or deed restrictions?
Are there signs of erosion, high-water impacts, or shoreline change?
Does the buyer understand the difference between ownership and exclusive control?
Does the property’s real-world use match the buyer’s expectations?

The goal is not to discourage Great Lakes waterfront ownership.

The goal is to avoid misunderstanding.

What Sellers Should Prepare

Sellers of Great Lakes waterfront property should be prepared for questions about shoreline rights, public use, improvements, and privacy.

Helpful materials may include:

deed information
survey, if available
title documents
shoreline improvement permits
EGLE correspondence
dock or seawall records
erosion-control records
association documents
deed restrictions
information about nearby public access points
history of shoreline walking or public use
documentation of prior shoreline work

The seller does not need to turn the listing into a legal document.

But the seller should avoid overstating exclusive control if public trust rights may be relevant.

Clear positioning helps protect buyer confidence.

Unclear positioning can create Interpretation Gap Risk.

The Decision Impact

The Public Trust Doctrine changes how Great Lakes waterfront property should be evaluated.

It affects more than legal theory.

It affects:

privacy expectations
public shoreline walking
waterfront usability
shoreline improvements
buyer confidence
resale expectations
permitting risk
long-term ownership satisfaction

Two waterfront properties may have similar frontage, views, and home quality but very different ownership experiences depending on public access, shoreline shape, beach width, vegetation, topography, and improvement history.

A buyer should not evaluate Great Lakes waterfront only by the number of frontage feet.

The buyer should also understand how the shoreline functions under Michigan’s public trust framework.

That starts with the Public Trust Doctrine.

Practical Verification Note

This page is an educational overview, not legal advice.

Public trust rights, shoreline boundaries, permitting requirements, and property-specific facts can vary.

Buyers and sellers should verify questions with qualified professionals, which may include:

a Michigan real estate attorney
a licensed surveyor
EGLE
the local zoning administrator
title professionals
shoreline contractors
other qualified advisors

The Public Trust Doctrine is a legal concept.

Its impact on a specific property should be verified before a buyer relies on it.

Related Concepts

Related Guide

For a broader framework on evaluating waterfront property before buying or selling, see the Northern Michigan Waterfront Property Guide.

Working With Sander Scott

Sander Scott is a Northern Michigan real estate broker based in Northport, Michigan.

Through Net Real Estate, he helps buyers, sellers, and landowners evaluate waterfront property, Great Lakes frontage, inland lake property, vacant land, short-term rental potential, property usability, ownership patterns, and transaction risk across Northport, Leelanau County, Grand Traverse County, Benzie County, Antrim County, Kalkaska County, and surrounding Northern Michigan markets.

His waterfront evaluation process focuses on what the property is, what the documents say, what the rules allow, and how the property actually lives.

If you are buying or selling Great Lakes waterfront property in Northern Michigan, the Public Trust Doctrine is one of the key concepts to understand before assigning value.

Sander Scott
Northern Michigan real estate broker and owner of Net Real Estate.

Built around property usability, local knowledge, and better real estate decisions.