Meander Lines

Overview#

Meander lines are among the most misunderstood features in the PLSS. They are traverses run along the banks of navigable rivers, lakes, and other significant bodies of water during the original survey. Critically, meander lines are not boundaries. The actual boundary of the upland parcel is the water's edge -- the ordinary high water mark (OHWM) for inland waters or the line of mean high tide (MHT) for tidal waters. The meander line merely approximates the water boundary for the purpose of computing acreage and depicting the water body on the plat.

This distinction has profound legal consequences. When the water moves through natural processes (accretion, erosion, reliction), the boundary moves with it. The meander line does not. Understanding when meander lines are boundaries, when they are not, and how they interact with riparian rights is essential for any surveyor working near water in a PLSS state.

"The traverse that approximates the margin of a permanent natural body of water, e.g., the bank of a stream, lake, or tidewater, is termed a meander line. Numerous decisions in the United States Supreme Court assert the principle that, in original surveys, meander lines are run, not as boundaries of the parcel, but (1) for the purposes of ascertaining the quantity of land remaining after segregation of the bed of the water body from the adjoining upland, (2) for defining the sinuosities of the water body for platting purposes, and (3) for closing the survey to allow for acreage calculations." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-159

Definition and Purpose#

What Is a Meander Line?

A meander line is a traverse -- a series of measured courses (bearing and distance) -- run along the OHWM or line of MHT of a body of water. The traverse begins at a meander corner, follows the general course of the shoreline, and closes at another meander corner. The angle points along the traverse are chosen at obvious breaks in the shoreline but are not normally monumented.

"It is not practicable in public land surveys to meander in such a way as to follow and reproduce all the minute windings of the ordinary high-water mark, even though technology allows for a much more precise location at the time of the survey." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-176

The meander line does not need to closely approximate every indentation and projection of the actual water line. Its purpose is to show the general configuration of the water body for platting and acreage computation. The courses may cross water or land during the traverse to minimize the number of angle points, with the expectation that water and land crossings will roughly balance to return accurate acreage.

Three Purposes of Meandering

The U.S. Supreme Court has consistently identified three purposes for meander lines:

1. Ascertaining the quantity of land -- computing the acreage of the upland parcel after segregating the bed of the water body.
2. Defining the sinuosities -- depicting the general shape of the water body on the official plat.
3. Closing the survey -- providing the mathematical closure needed for acreage calculations.

"In preparing the official plat from the field notes, the meander line is represented as the border line of the stream, and shows, to a demonstration, that the watercourse, and not the meander line, as actually run on the land, is the boundary." -- Railroad Co. v. Schurmeier, 74 U.S. 272 (1868), quoted in BLM, Manual of Surveying Instructions (2009), Sec. 3-176

What Gets Meandered#

Navigable Rivers

All navigable rivers and bayous are meandered on both banks at the OHWM. For non-navigable rivers, the BLM Manual provides that the bed acreage is segregated where the average right-angle width is 3 chains (198 feet) and upward.

"Navigable rivers and bayous are meandered on both banks, at the ordinary high-water mark, by taking the general courses and distances of their sinuosities for that portion that is navigable. For rivers classed as nonnavigable, when duly authorized, the bed acreage is segregated where the average right-angle width is 3 chains and upwards." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-182

Lakes

All navigable lakes are meandered. Non-navigable lakes are meandered when their area is 50 acres or greater, when duly authorized by special instructions.

"All navigable lakes are meandered. Nonnavigable lakes are not meandered except for lakes of the area of 50 acres and greater when duly authorized." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-185

Exceptions exist for shallow or poorly defined "lakes" that are actually seasonal pools formed by permafrost or lack of drainage. These are not meandered even when exceeding 50 acres.

Tidal Waters

Tidal waters are meandered at the line of mean high tide (MHT). This includes tidewater streams, inlets, bayous, oceans, gulfs, bays, and straits. The meander line along tidal waters differs from inland meanders only in that it approximates MHT rather than the OHWM.

"Tidewaters are segregated from the upland by a meander line at the line of MHT. This meander line differs from the meander lines described for inland water bodies only in that it approximates the line of MHT rather than the OHWM of an inland river or lake." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-202

Summary of Meandering Criteria

Meander Corners#

Standard Meander Corners

A meander corner (MC) is established at every point where a surveyed line (section line, township line, or standard parallel) intersects the OHWM of a meanderable body of water.

"A meander corner is established at every point where a standard, township, or section line or special survey boundary intersects the OHWM of a navigable stream or other meanderable body of water." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-173

Meander corners are controlling monuments on the surveyed line. They have the authority of a corner of first order and are used as control points in dependent resurveys, just as section corners are.

Special Meander Corners (SMC)

A special meander corner is established where a subdivision-of-section line (such as a quarter-section line run to subdivide a section) intersects the OHWM. Special meander corners are marked "SMC" on the monument.

Auxiliary Meander Corners (AMC)

An auxiliary meander corner is used where no surveyed line intersects the OHWM -- for example, when a meanderable lake lies entirely within a section and no subdivision line crosses it. The AMC is established at a suitable point on the OHWM, and a connecting line is run from the AMC to a regular corner on the section boundary.

"Auxiliary meander corners (AMC) are used where there is no intersection of a surveyed line with the OHWM or line of MHT, as in the case of a meanderable lake found completely within a section not requiring subdivision." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-174

The Legal Effect of Meander Lines#

General Rule: The Water Is the Boundary

The general and well-established rule is that meander lines are not boundaries. The actual boundary of a parcel fronting on navigable water is the water's edge -- the OHWM for inland waters, the line of MHT for tidal waters. The meander line exists only for computation and platting purposes.

"The ordinary high water mark (OHWM), or line of mean high tide (line of MHT) of the stream, or other body of water, and not the meander line as actually run on the ground, is the actual boundary." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-159

This means that if the water moves gradually through natural processes, the boundary moves with it:

"Properly executed meanders create certain riparian rights in the upland parcel. Chief among these rights is that ownership of the upland follows subsequent lateral change in location of the bed through slow and imperceptible processes, such as accretion, erosion, and reliction." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-160

Riparian and Littoral Rights

When land is conveyed with a meander line along a water body, the grantee receives riparian rights (along a river or stream) or littoral rights (along a lake or ocean). These rights include:

• Access to the water.
• Accretion and reliction -- ownership follows the water as the shoreline advances or retreats through gradual natural processes.
• Use of the water for domestic, agricultural, and (where applicable) navigational purposes.

These rights attach to the land by virtue of its adjacency to the water, as evidenced by the meander line on the plat. The meander line is the evidence that the parcel was intended to front on water and that riparian or littoral rights were intended to pass with the conveyance.

When Meander Lines Become Boundaries (The Exceptions)

In limited circumstances, the meander line itself may become a fixed and limiting boundary rather than an ambulatory water boundary. The BLM Manual identifies these exceptions:

"When an exception to the general rule is shown, the consequence is that the meander line becomes fixed and can become a fixed and limiting property boundary. Meander lines may be held fixed because of (1) an avulsive change, (2) gross error or fraud, (3) substantial accretion after survey but before entry, or (4) where the facts and circumstances disclose an intention to limit a grant or conveyance to the actual traverse lines." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-162

These exceptions are narrow and are determined by courts, not by surveyors. The surveyor's role is to gather evidence and present the facts; the legal determination of whether a meander line is a boundary belongs to the judiciary or to the BLM in its administrative capacity.

Excess and Deficiency Near Meandered Bodies#

Omitted Lands

Omitted lands are lands that were not included in the original survey -- typically lands between the meander line and the actual water boundary, or lands that emerged after the survey through accretion or reliction. These lands may remain in federal ownership if they were never conveyed.

"Even though the United States has parted with its title to the adjoining mainland, an island in a meandered body of water, navigable or nonnavigable, in continuous existence since the date of admission of the State into the Union and omitted from the original survey, remains as unsurveyed public land of the United States." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-195

The BLM has the authority and duty to survey lands erroneously omitted from earlier surveys. Islands that existed before statehood but were not surveyed remain federal land, subject to survey and disposal.

Excess Land Between Meanders and Water

Where the meander line departs significantly from the actual OHWM, the land between the two lines may be classified differently depending on the circumstances:

• If the meander was reasonably accurate, the water's edge (not the meander line) is the boundary, and the small discrepancy is of no legal consequence.
• If the departure is so great as to constitute gross error, the meander line may be held as a fixed boundary.
• If land has emerged through reliction since the survey, it belongs to the upland owner as relicted land (following the riparian rights principle).

The Ordinary High Water Mark#

Definition

The OHWM is the line on the bank of a river or lake below which the water impresses on the soil by covering it for sufficient periods to deprive it of terrestrial vegetation, and the soil loses its value for agriculture.

"For inland waters, the OHWM normally used is the line below which the water impresses on the soil by covering it for sufficient periods to deprive it of terrestrial vegetation, and the soil loses it value for agriculture, including grazing of livestock." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-164

The BLM Manual identifies four complementary tests for determining the OHWM:

Mean High Tide

For tidal waters, the equivalent of the OHWM is the line of mean high tide (MHT) -- the average elevation of all high tides over a period of 18.6 years (one full tidal epoch). The MHT is determined by reference to tide gages and their reported elevations or by observation of physical conditions.

The Meander Line Survey Process#

Establishing Meander Corners

Meander corners are established where surveyed lines cross the OHWM or line of MHT. For lakes entirely within a section, special or auxiliary meander corners are established as described above.

Running the Traverse

The surveyor commences at one meander corner, follows the OHWM, and determines the true bearing and horizontal distance of each course to the next angle point, continuing to the next meander corner.

"The surveyor commences at one of the meander corners, follows the OHWM, and determines the length and true bearing of each course, from the beginning to the next meander corner." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-177

Meander courses may vary in length from as short as one chain to as long as twenty chains or longer, depending on the terrain. The angle points are not normally monumented. Modern meander lines may be surveyed using remote sensing techniques after the meander corners have been established.

Recording Meanders

The field notes record the starting meander corner, the true bearing and horizontal distance of each course, and the ending meander corner. Along the meander line, the surveyor notes:

• Streams flowing into the water body, with widths and courses
• Springs, with position, size, depth, and water quality
• Heads and mouths of bayous
• Islands, rapids, and bars
• Heights of banks, falls, cascades, and rapids
• Artificial structures and improvements

Restoration of Lost Meander Corners#

Lost meander corners are typically restored by single proportionate measurement between the nearest identified corners on the section line. However, the BLM Manual recognizes special circumstances:

"Under favorable conditions a lost meander corner may be restored by treating the shore line as an identified natural feature." -- BLM, Manual of Surveying Instructions (2009), Sec. 7-38

In cases of extensive obliteration, the record meander courses may be adjusted to the physical bank or shoreline where that shoreline has been stable. This method is indispensable in some situations but requires careful analysis.

"In extreme cases, restoration by adjustment of the record meander courses to the bank or shore line may be indispensable to the reconstruction of the section boundaries, especially where there is extensive obliteration, where there has been obvious stability to the bank or shore line, or absence of appreciable changes by erosion or accretion." -- BLM, Manual of Surveying Instructions (2009), Sec. 7-39

Islands#

Islands above the OHWM of any meanderable body of water are locatable by survey and should be meandered and shown on the official plat. An unsurveyed island that existed before statehood remains federal land subject to survey.

"Every island above the OHWM of any meanderable body of inland water or above the line of MHT of tidal water, except islands formed in navigable bodies of water after the date of the admission of a State into the Union, is locatable by survey and should be meandered and shown on the official plat." -- BLM, Manual of Surveying Instructions (2009), Sec. 3-193

Islands formed in navigable waters after statehood belong to the state under the equal footing doctrine, as the state owns the beds of navigable waters. Islands in non-navigable waters formed after the federal patent are treated differently -- their ownership depends on state law and the nature of the riparian rights conveyed.

Key Takeaways#

• Meander lines are NOT boundaries. The actual boundary of an upland parcel on navigable water is the OHWM (inland) or line of MHT (tidal), not the meander line.
• Meander lines are run for three purposes: (1) computing acreage, (2) depicting the water body on the plat, and (3) closing the survey mathematically.
• What gets meandered: All navigable rivers and lakes; non-navigable rivers $\geq$ 3 chains wide; non-navigable lakes $\geq$ 50 acres. Artificial lakes and seasonal pools are not meandered.
• Meander corners (MC, SMC, AMC) are corners of first order established where survey lines intersect the OHWM. They control section line alignment and proportionate measurement.
• Riparian/littoral rights attach to parcels fronting meanderable water. The boundary is ambulatory -- it follows gradual natural changes (accretion, erosion, reliction).
• Meander lines become fixed boundaries only in four narrow exceptions: avulsion, gross error/fraud, substantial pre-patent accretion, or intent to limit the grant.
• Omitted lands (unsurveyed islands, land between meander and water) may remain federal property subject to future survey.
• The OHWM is determined by vegetation, soils, litter, and agricultural tests. It is not the high water mark or flood stage, but the ordinary level at which the water impresses the soil to destroy terrestrial vegetation.

References#

1. U.S. Department of the Interior, Bureau of Land Management. Manual of Surveying Instructions (2009). Chapter III: The System of Rectangular Surveys, Secs. 3-158 through 3-207. Chapter VII: Restoration of Lost Corners, Secs. 7-37 through 7-40. Chapter VIII: Water Boundaries.
2. Railroad Co. v. Schurmeier, 74 U.S. 272 (1868).
3. Howard v. Ingersoll, 54 U.S. 381 (1851).
4. Nebraska v. Iowa, 143 U.S. 359 (1892).
5. Simpson, James A. River & Lake Boundaries. Landmark Enterprises, 2005.
6. Robillard, W.G., Wilson, D.A., & Brown, C.M. Brown's Boundary Control and Legal Principles (7th Ed.). John Wiley & Sons, 2014. Chapter 10: Water Boundaries.
7. U.S. Department of the Interior, Bureau of Land Management. Restoration of Lost or Obliterated Corners and Subdivision of Sections. Manual Supplement.