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 Illinois, the public trust doctrine applies to the state's beaches along Lake Michigan, ensuring that certain areas of the shoreline are held in trust for public use and enjoyment. This means that the public has the right to access and use the water and the land up to the ordinary high-water mark. However, the area beyond this point may be privately owned, and access through private property to reach the beach can be restricted by the property owners. Illinois has made efforts to balance the rights of private property owners with the public's right to access the beaches. For example, the Illinois Department of Natural Resources works to maintain and enhance public access to these areas through the acquisition and development of access points and facilities. Despite these efforts, conflicts between private property rights and public beach access can arise, and the resolution of these conflicts may require legal interpretation by the courts. It is advisable for individuals to respect private property boundaries and to use established public access points to reach Illinois beaches.