Public Trust

With Save the Dunes as our client, CLC is working to ensure that these important laws are being implemented and enforced along our precious Lake Michigan shoreline. Click here to learn more.

Why We Work to Defend the Public Trust

Protecting Public Access

The public trust doctrine is a legal principle that requires the government to protect certain natural resources, such as Indiana’s Lake Michigan shoreline, for the use and enjoyment of all Hoosiers.

Preserving Unique Ecosystems

The doctrine's protection extends beyond public access rights. It also serves to safeguard precious ecosystems and wildlife from harmful development. Lake Michigan's shoreline, home to abundant biodiversity and unique dune ecosystems, relies on the public trust for protection.

Promoting the Interests of Future Generations

CLC advocates to ensure that our public trust laws are enforced, and our shared public trust waters and shores are stewarded responsibly, so that future generations will also be able to exercise their vested rights to enjoy them in the years to come.

More about the Public Trust Doctrine

In Indiana, an owner of land that borders Lake Michigan does not have the exclusive right to use the water or land below the ordinary high water mark of Lake Michigan.

The citizens of Indiana have a vested right to: (1) enjoy the natural scenic beauty of Lake Michigan; (2) enjoy and use the natural resources of Lake Michigan; and (3) use Lake Michigan for recreational purposes including walking, fishing, boating, swimming.

Ind. Code § 14-26-2.1-4

The Ordinary High Water Mark is defined as,

the line on the bank or shore of Lake Michigan that is: (1) established by the fluctuations of water; and (2) indicated by physical characteristics, including:
(A) a clear and natural line impressed on the shore; (B) shelving; (C) changes in character of soils; (D) the destruction of terrestrial vegetation; and (E) the presence of litter or debris.

Ind. Code § 14-26-2.1-2

Sand Dune beach with grasses and water

Maintaining Public Access to Lake Michigan Beaches

Save the Dunes v. Ind. Dept. of Natural Resources (DNR), Town of Ogden Dunes 
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Safeguarding Public Trust Rights on Lake Michigan

Gunderson v. State, Indiana Dept. of Natural Resources & Pavlock v. State
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Victory: CLC wins at Indiana Supreme Court for the right for environmental orgs to represent their members in litigation

Indiana-Kentucky Electric Corporation v. Save the Valley, Inc. 
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Connie and Terry Marbach Conservation Attorney
Managing Attorney