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 California, the public has extensive rights to access beaches under the California Coastal Act of 1976. This act ensures that the coastline remains open to the public and that development does not interfere with the public's right to access the sea. Lateral beach access, the right to walk along the beach, is generally protected in California, allowing people to freely walk below the mean high tide line. Vertical access, the path from the nearest public roadway to the beach, is also a significant aspect of the public's right to access the coastline. The California Coastal Commission works to maintain and increase public access to the coast by requiring that development projects along the coast provide ways for the public to reach the beach. This can include the creation of public paths over private property, with the property owner's rights being balanced against the public's right to access the beach. The public trust doctrine is a key legal principle in California that supports the idea that the state holds beaches in trust for the public's use and enjoyment, and it is the state's duty to protect this right.