HWM Case NY
This is a particularly nice decision from the high court of NY State. Note that the court leaves open the idea that legislatures can make new rules. The second link is a ND guideline for determining HWM under legislative rules. Notice that knowledge of vegetation types, soil types, and hydrology are needed. In 1975 surveyors could determine HWM, that does not mean surveyors will always be able to, unless we keep up with the changing world.
Another case on point that cites the above (2002).
Log in to reply.