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 North Dakota, the concept of public and private land access to beaches is not as prominent as in coastal states due to its landlocked geography. However, the state does have laws that govern the use of its waterways and adjacent lands, which can include riverbanks and lakeshores that might be considered 'beaches' in a local context. North Dakota generally adheres to the public trust doctrine, which holds that certain natural resources, including water bodies and the land beneath them, are preserved for public use. This means that the state government has a responsibility to manage these resources for the benefit of the public. While specific regulations regarding lateral and vertical beach access as they are known in coastal regions may not be directly applicable, North Dakota does provide access to public waters and lands adjacent to them for recreational purposes. However, private property rights are also respected, and access through private land may require permission from landowners or the use of established public access points. An attorney familiar with North Dakota's natural resource and property laws can provide more detailed information on access rights to these areas.