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 Massachusetts, the public trust doctrine applies to beaches, which means that certain natural resources, including beaches, are held in trust by the state for public use and enjoyment. The state is responsible for ensuring that these resources are maintained for the public. Lateral beach access, the right to walk along the beach, is generally allowed in Massachusetts, as the public has the right to use the intertidal zone (the area between the high tide and low tide lines) for fishing, fowling, and navigation. However, the issue of vertical beach access, the ability to reach the beach from upland areas, can be more complex due to private property rights. In some cases, private landowners may own the land up to the high water mark, which can limit vertical access. The state and local municipalities may provide public access points and parking to facilitate beach access, but the extent of access can vary by location. It's important for beachgoers to be aware of and respect private property boundaries and to use designated access points to reach public beaches.