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 Kentucky, the issue of beach access is not as prominent as in coastal states due to its landlocked geography. However, the state does have numerous lakes and riverfronts where similar principles may apply. Kentucky does not have a specific statute that addresses lateral or vertical beach access akin to coastal states, but it does recognize the public trust doctrine. This doctrine implies that certain natural resources, including shores along lakes and rivers, are held in trust by the state for the use and enjoyment of the public. The state government is responsible for managing these resources and ensuring public access. However, the application of this doctrine can be complex, balancing the rights of private property owners with the public's right to access waterways. In cases where access to these areas is in dispute, it may be necessary to consult with an attorney to understand the specific rights and restrictions that apply to a particular location in Kentucky.