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 Hawaii, the public has the right to access beaches based on the principle of the public trust doctrine, which is firmly entrenched in the state's legal framework. Hawaii's beaches are considered public land under the public trust doctrine, and this includes both the dry sand areas up to the vegetation line and the submerged lands seaward. The state ensures lateral beach access, meaning the public can walk along the beach. However, vertical access, which is the ability to reach the beach from upland areas, can be more complicated when it involves crossing private property. Hawaii has made efforts to maintain and establish public access pathways to beaches across private lands, but conflicts can still arise between private property owners and public access rights. The state's Coastal Zone Management Act and other related statutes aim to balance the interests of private property owners with the public's right to access the shoreline. Property owners cannot obstruct public beach transit corridors, and the state may intervene to preserve public access where necessary.