Waterfront living in Northwest Washington is incredibly appealing—but it also comes with nuances that aren’t always obvious at first glance. One of the most commonly misunderstood topics is tide rights.
If you’re considering buying or selling waterfront property on Fidalgo Island, Guemes Island, Whidbey Island, or Camano Island, understanding tide rights is essential. Here’s what you need to know.
What Are Tide Rights?
“Tide rights” generally refer to ownership and usage rights of the land between the high and low tide lines (often called the intertidal zone), and sometimes beyond into submerged lands.
In Washington State, tide lands can be:
-
Privately owned (often conveyed separately from upland property)
-
State-owned and managed for public use
This means that just because a home is “waterfront” doesn’t automatically mean the owner controls the beach or tidelands in front of it.
Why Tide Rights Matter in Real Estate
Tide rights can impact:
-
Beach access and use (mooring boats, harvesting shellfish, etc.)
-
Property value
-
Permitting for docks, bulkheads, or stairs
-
Privacy and public access expectations
For buyers especially, understanding what is—and isn’t—included with a property is critical before making an offer.
Key Differences by Island
While tide rights laws are governed at the state level, how they show up can vary depending on location, history, and parcel boundaries.
Fidalgo Island (Anacortes)
-
Many waterfront homes include tidelands, but not all
-
Areas like Similk Bay, Skyline, and Burrows Bay may have varying ownership structures
-
Proximity to marinas like Cap Sante Marina influences how properties are used
Guemes Island
-
A mix of privately owned and state-owned tidelands
-
More rural and less developed, so due diligence is especially important
-
Some properties emphasize natural shoreline over improved waterfront features
Whidbey Island
-
Large and diverse, with significant variation in tideland ownership
-
Areas like Penn Cove, Holmes Harbor, and Useless Bay all differ
-
Many properties have detailed historical records regarding tideland sales
Camano Island
-
Often features more community beaches and shared access points
-
Some waterfront homes do not include private tidelands
-
Known for crabbing, fishing, and low-bank waterfront—making rights especially relevant
How to Determine if a Property Includes Tide Rights
This is where working with a knowledgeable local real estate agent becomes essential. Key steps include:
-
Reviewing the Title Report
Look specifically for mention of “tidelands,” “shorelands,” or “second-class tidelands” -
Checking the County Assessor’s Records
-
Skagit County: https://www.skagitcounty.net/Departments/Assessor
-
Island County: https://www.islandcountywa.gov/Assessor
-
Snohomish County (Camano): https://snohomishcountywa.gov/Assessor
-
-
Consulting Washington State DNR Maps
The Department of Natural Resources manages aquatic lands and provides mapping tools:
👉 https://www.dnr.wa.gov/programs-and-services/aquatics -
Ordering a Survey (if needed)
Especially helpful when boundaries are unclear or disputed
Public vs. Private Beach Access
Even if tidelands are privately owned, Washington has strong protections for navigation and certain public uses.
However:
-
Walking, picnicking, or lingering on private tidelands without permission may be trespassing
-
Public access points (parks, easements) are the safest way to enjoy the shoreline
Helpful resource:
👉 Washington State Department of Fish & Wildlife Shellfishing Regulations
https://wdfw.wa.gov/fishing/shellfishing-regulations
Permits, Docks & Shoreline Modifications
Thinking about adding a dock or improving your shoreline?
You’ll likely need permits from:
-
Washington Department of Fish & Wildlife (WDFW)
-
Washington Department of Ecology
-
Local jurisdictions (Skagit, Island, or Snohomish County)
Start here:
👉 WA Dept. of Ecology Shoreline Management
https://ecology.wa.gov/water-shorelines/shoreline-coastal-management
👉 WDFW Hydraulic Project Approval (HPA)
https://wdfw.wa.gov/licenses/environmental/hpa
The Bottom Line
Tide rights are one of the most important—and often overlooked—aspects of buying or selling waterfront property in our area. No two properties are exactly the same, and assumptions can lead to costly misunderstandings.
Whether you’re dreaming of crabbing off your own beach, installing a mooring buoy, or simply enjoying the view, it’s critical to verify exactly what comes with the property.
Thinking About Waterfront Living?
If you’re exploring waterfront homes on Fidalgo, Guemes, Whidbey, or Camano Island, we’re here to help you navigate every detail—from tide rights to permitting and beyond.
👉 Browse available properties: www.LapisHomesRE.com
👉 Learn more about the area: www.AnacortesInformation.com
