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 Idaho, the issue of beach access is primarily governed by the public trust doctrine, which is a legal principle that holds that certain natural resources, including beaches, are preserved for public use and enjoyment. Under this doctrine, the state has a responsibility to manage these resources on behalf of the public. Idaho's application of the public trust doctrine ensures that the public has access to its navigable waterways and the lands beneath them up to the high-water mark. However, Idaho is a landlocked state with limited traditional 'beach' areas, and most of the issues surrounding access to waterways involve riverbanks and lake shores rather than ocean beaches. The state provides for lateral access along the shores of its public waterways, but access points through private property, or vertical access, can be more contentious. Private property rights are also strongly protected in Idaho, and landowners may restrict access to their property, including the portions that lead to public waterways. Therefore, while the public may have the right to use certain beach areas, the ability to reach these areas can be limited if they are surrounded by private land without established public access points.