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 New Jersey, the public trust doctrine is a key legal principle that ensures public access to certain natural resources, including beaches. The state recognizes that beaches are held in trust by the government for the enjoyment and use of the public. New Jersey law mandates that municipalities provide both lateral and vertical access to their beaches. Lateral access refers to the ability to walk along the shore, while vertical access pertains to the paths that lead from public parking or walkways to the beachfront. The New Jersey Department of Environmental Protection (NJDEP) has established rules to protect these rights, requiring that public access be considered in coastal development projects. However, conflicts can arise between private property rights and public access, leading to legal disputes that are often resolved on a case-by-case basis. The balance between private property rights and public access is an ongoing issue in New Jersey, with state and local regulations attempting to ensure that the public can enjoy the state's beaches while respecting private property boundaries.