In most states some portion of beaches are public land and all members of the public have a right to use that portion of the beach. The ability to walk along the beach is known as lateral beach access.
But the land between where people can park or walk to the beach and where they can enjoy the beach is often private property, making it difficult to provide access to the public while protecting personal property rights. The ability to reach the beach is known as vertical beach access.
Laws regarding public access to beaches vary from state to state but many states recognize the public trust doctrine, a legal doctrine that certain natural resources such as beaches are owned or held by the government in trust for the public’s use and enjoyment and that the government has an obligation to protect and maintain these resources for the public.
In Alabama, the public has the right to use certain portions of the beaches, which is consistent with the public trust doctrine. This doctrine holds that the state government is responsible for preserving and maintaining access to natural resources, such as beaches, for public use and enjoyment. Lateral beach access, the right to walk along the beach, is generally allowed in Alabama. However, vertical beach access, which refers to the ability to reach the beach from upland areas, can be complicated by private property rights. In Alabama, the Mean High Water Line (MHWL) often demarcates the boundary between public and private beach property. The land seaward of the MHWL is typically considered public, while the land landward of this line may be private. The state has made efforts to ensure public beach access through public access points and beachfront parks, but access can still be limited in areas where private properties extend to the MHWL. It's important for beachgoers to be aware of and respect private property boundaries while enjoying Alabama's beaches.