Beach Access Battles Highlight Public Trust Doctrine in US Coastal and Great Lakes Regions

Public access to beaches, a seemingly simple pleasure, is increasingly becoming a contentious issue across the United States, sparking numerous legal cases and public debate. The core of these disputes often lies in the interpretation and application of the public trust doctrine, a legal principle with ancient roots that asserts the public’s right to use certain lands and waters.

The Public Trust Doctrine Explained

Originating in Roman law and carried through English common law, the public trust doctrine establishes that certain natural resources, such as navigable waters and their beds, are held in trust by the government for the benefit of all citizens. As US states joined the union, the federal government transferred ownership of these navigable waters to them, with the understanding that they would be managed in trust for the public.

The boundary between public trust areas and private land is typically defined by the “ordinary high-water mark” or “mean high tide line.” Historically, this doctrine has encompassed the “right of passage” on foot over lands below this mark. However, the specific regulations and legal interpretations governing beach access vary significantly from state to state, creating a complex patchwork of rights and restrictions.

Great Lakes Region: A Hotspot for Beach Access Disputes

The Great Lakes region has seen a notable surge in beach access conflicts, particularly concerning the shores of Lake Michigan. In Wisconsin, a legal case involving Paul Florsheim, a retired professor, highlights the ongoing struggle. Florsheim was ticketed for trespassing on a Lake Michigan beach he had accessed for over 50 years. While a judge initially found him guilty, Florsheim has appealed the decision, drawing widespread attention to the issue across the Great Lakes states.

Research by water law and policy experts indicates that while physical and psychological benefits of waterside spaces are well-documented, accessing these areas is not always straightforward. In Indiana, Michigan, and New York, the three Great Lakes states that have explicitly addressed beach walking below the high-water mark, the legal right to do so has been uniformly recognized. However, this leaves several other Great Lakes states without clear legal guidance.

Coastal States Face Similar Challenges

Beyond the Great Lakes, coastal states are also grappling with complex beach access issues. California’s Constitution and Coastal Act offer strong protections for public access in the intertidal zone (the area between high and low tide). In contrast, states like Massachusetts and Maine, with legal traditions stemming from the Massachusetts Bay Colony, have historically allowed private ownership of land extending to the low tide line. In these states, public activities between the tide lines have been traditionally limited to “fishing, fowling, and navigation,” excluding activities like walking.

A protracted legal battle in Wells, Maine, exemplifies this challenge. Following a 1989 Maine Supreme Court ruling that shorefront property extended to the mean low tide line, local residents filed a lawsuit in 2021 seeking to overturn this decision and assert public rights to use the area for walking and running. The case remains in litigation, with some parties aiming to take it to the US Supreme Court. In the interim, property owners have implemented measures such as marking boundaries with seaweed and erecting “no trespassing” signs.

Barriers to Access Beyond Legal Interpretation

Even in states with clear legal protections for public beach access, various barriers can prevent people from reaching and enjoying these spaces. These include:

• Physical Obstacles: Developers sometimes install seawalls to protect properties from rising waters, but these structures can obstruct beach access and exacerbate erosion. States like North Carolina, California, New Jersey, and Florida have enacted laws to protect public access when erosion-control structures are requested, but these protections are often challenged in court by private property owners and developers. In Michigan, some Lake Michigan shoreline property owners have constructed extensive seawalls and rock barriers, creating physical impediments to public access.
• Road Closures and Gated Access: Private property owners have been known to block access roads leading to beaches. In California, one property owner illegally locked gates for years, a situation addressed by state coastal commission rulings.
• Local Restrictions and Fees: Some local governments restrict beach access by limiting parking to residents or selling beach access points to private developers. In places like Forest Park, Illinois, and Norwalk, Connecticut, nonresidents may be required to pay fees for parking or beach use.
• Erosion and Rising Waters: In some instances, coastal erosion and rising sea levels are diminishing the available beach area, making access even more challenging.

Community-Led Solutions

In response to these growing challenges, some communities are taking proactive steps to secure and expand public beach access. For example, a coalition of municipalities in Door County, Wisconsin, has invested over $26 million to acquire more than 2,700 feet of Lake Michigan shoreline and 128 acres of waterfront land for public use. This initiative was partly driven by concerns over potential private development and the loss of public access.

The ongoing legal and practical battles over beach access underscore the complex interplay between private property rights and the public’s right to enjoy natural resources. As interpretations of the public trust doctrine continue to evolve, the future of beach access for all citizens remains a critical urbanism and policy discussion.

Key facts

Source: Planetizen News – Who is allowed to walk on the beach? It depends on where you live (https://www.planetizen.com/features/137769-who-allowed-walk-beach-it-depends-where-you-live)