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 York, the public trust doctrine applies to the state's coastline, ensuring that the public has the right to access and enjoy the beaches. Under this doctrine, the state holds title to the land under navigable waters, including the ocean beach up to the mean high-water mark, for the benefit of the people. Lateral beach access, the right to walk along the beach, is generally protected in New York. However, vertical beach access, the ability to reach the beach from upland areas, can be more complicated due to private property rights. New York has made efforts to provide public access points to beaches, but in some areas, access may still be limited by private development. Local ordinances and state regulations can affect the extent of public access, and in cases where access is disputed, the courts may become involved to determine the balance between public and private interests. It is important for individuals to be aware of local laws and access points when planning to visit New York beaches.