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 Rhode Island, the public has the right to access the beach up to the mean high tide line, which is determined by the average high tide over an 18.6-year cycle. This is in accordance with the Rhode Island Constitution, which recognizes the public's rights to the natural resources of the state, including the shorelines. The state adheres to the public trust doctrine, ensuring that the public can enjoy the use of the beaches. However, the area above the mean high tide line may be private property, and access to the beach through these areas can be restricted by the property owners. To address the issue of vertical access (the ability to reach the beach), Rhode Island has established public rights-of-way to the shore, which are specific paths designated for public use to access the beach from the nearest roadway or parking area. These rights-of-way are protected by state law to ensure that the public can reach and enjoy the state's beaches.