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 South Dakota, the concept of public and private land access to beaches is governed by state statutes and the public trust doctrine. While South Dakota is landlocked and does not have oceanfront beaches, it does have public access to its lakes and rivers. The public trust doctrine, which is recognized in many states, asserts that certain natural resources, including beaches along lakes and rivers, are held in trust by the state for public use and enjoyment. South Dakota adheres to this principle by ensuring that the public has access to water bodies for recreational purposes, such as swimming, fishing, and boating. However, the specific regulations regarding lateral and vertical beach access can vary depending on the location and the body of water. The state ensures that there are public access points to these resources, but the land surrounding these access points may be privately owned, and the rights of private property owners are also respected. It is important for individuals to be aware of local regulations and property boundaries when attempting to access beach areas in South Dakota.