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 Indiana, the regulation of beach access is influenced by the public trust doctrine, which holds that the state owns the land below the ordinary high water mark of Lake Michigan, and this land is held in trust for the use and enjoyment of the public. This means that the public has the right to use the area up to the high water mark for activities like walking, swimming, and fishing. However, the area above the high water mark may be privately owned, and public access to the beach through private property is not guaranteed. Indiana has faced legal challenges regarding the extent of the public trust doctrine and the rights of private property owners along the Lake Michigan shoreline. The Indiana Supreme Court has ruled that the state holds the shoreline in trust for public use, but the balance between public access and private property rights continues to be a complex legal issue. Property owners adjacent to the beach may have rights to exclude others from their land, but they cannot impede the public's right to use the shore below the high water mark. Local ordinances and state statutes may also play a role in regulating beach access and should be consulted for specific access points and regulations.