Are you picturing sunrise walks on your own stretch of Orcas shoreline and wondering what you actually own below the waterline? You are not alone. Washington’s tideland rules are unique, and on Orcas Island they intersect with local shoreline permits and historic deeds. In this guide, you will learn how tidelands, the ordinary high water mark, and leases work, plus the steps to vet any waterfront property with confidence. Let’s dive in.
Tidelands basics on Orcas
Tidelands are the shore area between high and low tide. In Washington, many tidelands and other aquatic lands are held by the State for public uses such as navigation, fishing, and commerce. Some tidelands were historically conveyed to private owners, so ownership varies parcel by parcel on Orcas Island.
The ordinary high water mark, or OHWM, is the key line on the ground. It is a physical boundary identified by features such as changes in vegetation or soil and the natural marks left by tides. The OHWM often separates upland private property from state aquatic lands, but the recorded deed and historic grants control the legal boundary. Because this line is fact specific, locating it usually requires a field investigation by a surveyor experienced in Washington’s tidal systems.
The public trust doctrine shapes how state‑owned tidelands are used. Where the State holds tidelands, the public generally has rights to certain uses that align with navigation, fishing, and commerce. Private upland owners do not have absolute control over state‑owned tidelands.
Who owns what on Orcas beaches
Fee to the OHWM
Many Orcas waterfront parcels are owned in fee simple up to the OHWM. Seaward of that line may be state‑owned tidelands. In these cases, you control the upland, but uses below the OHWM are shaped by state ownership and permits.
Parcels with private tidelands
Some properties include privately owned tidelands due to historic patents or grants. These parcels can offer greater control, but recorded documents govern the extent of ownership. Even with private tidelands, you may still need permits for in‑water work and may be subject to public trust limitations.
Easements and shared beaches
Not every waterfront parcel owns the tidelands. Some deeds include easements for beach access or moorage over neighboring or state tidelands. Community associations may hold beach areas for member use, and county or Land Bank properties can create nearby public access. Always read recorded instruments to understand who can use the shore and how.
State ownership with leases
Where the State owns tidelands, upland owners often lease aquatic lands from the Washington Department of Natural Resources for structures such as docks, pilings, and floats. These leases include terms, rent, and renewal schedules. If you plan a dock, you will want to confirm whether a DNR aquatic lease is required.
How the OHWM shapes your rights
The OHWM is not a fixed coordinate printed on a map. It is a physical line that can move over time. Accretion, the gradual buildup of land, and reliction, the gradual exposure of land as water recedes, can increase an upland owner’s title in some cases. Sudden, avulsive changes may not. Because these rules are highly fact specific, a licensed surveyor’s determination and a careful title review are essential.
A proper coastal survey should mark the OHWM on the ground and show existing improvements relative to that line. It should also include elevations and topography so you can evaluate setbacks, potential erosion concerns, and the feasibility of future projects.
Permits and agencies you will encounter
On Orcas Island, state and local agencies coordinate shoreline rules. Expect touchpoints with the following authorities depending on your plans:
San Juan County Shoreline Master Program
San Juan County administers shoreline permits under the Shoreline Management Act. You may need a shoreline substantial development permit, an exemption, or a variance. County rules also address critical areas, septic setbacks, riparian buffers, and building codes that affect shoreline work and vegetation management.
Washington Department of Natural Resources
DNR manages state‑owned aquatic lands and issues aquatic leases and authorizations for docks and other in‑water structures on state lands. If tidelands seaward of your parcel are state‑owned, a DNR lease is typically required in addition to local permits.
Washington Department of Fish and Wildlife
Most in‑water work that can affect fish or fish habitat requires a Hydraulic Project Approval. This includes dock installation, bulkhead repair, and similar projects.
Federal agencies
The U.S. Army Corps of Engineers and other federal agencies may require permits for work in navigable waters or wetlands. Certain projects can trigger federal review under the Clean Water Act and related authorities.
Title and local records offices
The County Assessor, Auditor, and local title companies maintain the recorded deeds, easements, covenants, and legal descriptions that define ownership and use. These records are central to understanding your rights.
Buyer due‑diligence checklist
Use this practical sequence to evaluate any Orcas Island waterfront property.
Preliminary title review
- Obtain the seller’s preliminary title report.
- Flag exceptions that affect the shoreline, including easements, grants, reservations to the State, and public access rights.
- Look for any recorded tideland conveyances or reservations.
Assessor maps and county GIS
- Pull the legal description and parcel maps.
- Review shoreline overlays, critical areas, and historical imagery, if available.
Boundary and OHWM survey
- Hire a licensed surveyor experienced with tidal OHWM work.
- Have the OHWM located and flagged on site and shown on the survey.
- Map all shoreline improvements, elevations, and setback lines.
DNR aquatic‑lands check
- Review DNR aquatic‑lands records and mapping.
- Confirm whether the tidelands are state‑owned or privately held.
- If a dock or float is planned, verify whether a DNR lease is required.
Permit and lease history
- Request copies of any shoreline permits, DNR leases, WDFW HPAs, and federal approvals.
- Ask for as‑built drawings for docks, bulkheads, or stairs.
County shoreline code review
- Identify the parcel’s shoreline designation and applicable standards.
- Review rules for shoreline stabilization, vegetation, filling, and over‑water structures.
Access and neighbor use
- Confirm legal access to the beach and any cross‑parcel routes.
- Note neighboring docks and bulkheads that influence sediment and littoral processes.
Insurance and hazards
- Check FEMA flood zone mapping and local coastal hazard overlays.
- Evaluate maintenance obligations for bulkheads or riprap and the need for future permits.
Consult the right professionals
- Local title company and a Washington real property attorney for complex title or boundary issues.
- Licensed surveyor for OHWM and topographic work.
- County shoreline planner for project‑specific guidance.
- DNR aquatic‑lands staff for lease history and policy.
- Optional coastal engineer or geomorphologist for erosion or accretion questions.
Common complications and how to avoid them
Unclear deeds and shifting lines
Historic deeds often reference the high water line without a precise definition. This invites confusion when the physical OHWM has shifted. A current survey and a careful title interpretation can prevent boundary and setback surprises.
Unpermitted or nonconforming structures
Older docks and bulkheads may have been built before modern rules. Some are legally nonconforming and can remain with limits. Others may need mitigation, repairs under constraints, or even removal under enforcement. Always request permits and as‑builts and discuss options with the County and WDFW before you commit to a project.
Accretion disputes between neighbors
Gradual land gain can shift usable area, and neighbors sometimes disagree about new boundaries. Your best protection is a survey that documents conditions and professional advice on how accretion or reliction applies to your parcel.
Public access and trespass friction
If tidelands below your property are state‑owned, the public may have rights to certain uses. Where tidelands are privately owned, you may restrict access subject to recorded public easements. Clear signage and a solid understanding of ownership records help manage expectations and avoid conflict.
Planning a dock or moorage
If a private dock or float is central to your goals, approach it as a multi‑permit project with a realistic timeline.
- Confirm ownership below the OHWM and whether a DNR lease is required.
- Check the County SMP for dock standards, location limits, and potential alternatives.
- Contact WDFW about HPA requirements and timing windows for in‑water work.
- Ask the County about any critical areas or habitat constraints.
- If federal waters or wetlands are involved, consult the Corps early.
- Gather existing permits, as‑builts, and lease documents for any existing structure.
Tip: Even when tidelands are privately owned, environmental approvals can still apply. Build your schedule and budget around those steps.
Insurance, hazards, and stewardship
Waterfront ownership includes unique responsibilities. Review flood mapping and local hazard overlays to understand insurance needs. Bulkheads and riprap require long‑term maintenance, and many stabilization projects need permits before work begins. Keep good records of inspections, repairs, and permit conversations so future buyers can see a clear stewardship history.
Local records and where to start
You can move quickly if you know where to look for answers:
- San Juan County Assessor for parcel maps and legal descriptions.
- County Auditor and Recorder for deeds, easements, covenants, and tideland grants.
- San Juan County Planning and Permit Center for shoreline permits and SMP guidance.
- Washington DNR for aquatic‑lands ownership, leases, and mapping.
- WDFW for HPA process and timing.
- U.S. Army Corps of Engineers for federal permits in navigable waters.
The bottom line for Orcas buyers
On Orcas Island, the value of a shoreline property rests on clarity. Know where the OHWM lies, who owns the tidelands, what permits exist, and what you can build or maintain. With the right records and professionals in place, you can purchase with confidence and enjoy your waterfront in a way that aligns with Washington law and local policy.
If you want a seasoned, local perspective as you evaluate Orcas Island waterfront homes, our team is ready to help you navigate deeds, OHWM surveys, leases, and permits. Reach out to Windermere Real Estate Orcas Island, Inc. for clear guidance and a plan that fits your goals.
FAQs
What does the ordinary high water mark mean for ownership on Orcas Island?
- The OHWM is a physical line used for shoreline rules and often marks the boundary between upland ownership and state aquatic lands, but recorded deeds and historic grants ultimately control title.
If I buy a waterfront home, do I automatically own the beach below it?
- Not necessarily; many deeds run only to the OHWM, and the tidelands below may be state‑owned or held by a different private party.
Who authorizes docks and moorage near my property in San Juan County?
- If tidelands are state‑owned, DNR leases are typically required, and you will also need local shoreline approvals; if tidelands are private, environmental permits can still apply.
How do I verify whether an existing dock was legally permitted?
- Request the County shoreline permits, any DNR aquatic leases, WDFW HPAs, federal approvals, and as‑built drawings, then confirm renewal status and compliance.
What due‑diligence steps should I take before closing on an Orcas waterfront property?
- Order a title report, pull assessor and GIS data, commission an OHWM survey, review DNR records, verify permit history, check county shoreline rules, confirm access, assess hazards, and consult local professionals.
Can the public walk across the beach in front of my house at low tide?
- It depends on ownership; state‑owned tidelands may allow certain public uses under the public trust, while privately owned tidelands allow the owner to limit access subject to recorded easements.
