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 Maryland, the public trust doctrine applies, ensuring that certain natural resources, including beaches, are held in trust by the state for public use and enjoyment. This means that the public generally has the right to access and use the beach up to the mean high tide line. However, the land beyond this point, typically towards the landward side, may be privately owned, and access across it is not guaranteed. Maryland law requires that the public be provided with both lateral and vertical access to the beach, but the specifics can vary depending on local ordinances and the configuration of the coastline. Local governments may establish public access points to ensure vertical access to the beaches, but conflicts can arise when these access points are limited or when private property rights are perceived to be infringed upon. The balance between public access and private property rights is an ongoing issue that may involve local, state, and sometimes federal regulations and negotiations.