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 Nebraska, the concept of public and private land access to beaches is governed by state statutes and the public trust doctrine. Nebraska, being a landlocked state, does not have oceanfront beaches, but the principles of public access apply to its lake shores and riverbanks. The public trust doctrine, which is recognized in many states, asserts that certain natural resources, including beaches and shorelines, are held in trust by the state for the use and enjoyment of the public. This means that the state has a responsibility to protect these resources and ensure public access. However, the specifics of lateral and vertical beach access can vary. Lateral beach access refers to the right to walk along the shore, while vertical access pertains to the ability to reach the shore from inland areas. In Nebraska, access to public waters is generally allowed, but the land surrounding these areas may be privately owned, which can limit vertical access. It is important for individuals to be aware of local regulations and property boundaries when attempting to access beach areas to avoid trespassing on private property.