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 Vermont, the public trust doctrine applies to the state's waters and the land beneath them, which includes the shores of its lakes and rivers. While Vermont does not have oceanfront beaches, its public trust doctrine ensures that the public has the right to use and enjoy the state's waters and the lands beneath them for activities like swimming, fishing, and boating. However, the extent of public access to these areas can be complicated by the presence of private property adjacent to the shoreline. Vermont law generally allows for public use up to the high-water mark of the body of water, but access to these areas may be limited if it involves crossing private land. The state works to balance the rights of property owners with the public's right to access and enjoy these natural resources. Vertical access, or the ability to reach the beach or shoreline, may be provided through public rights-of-way, parks, or other access points, but can be limited when it requires crossing private property. Property owners and the public are encouraged to respect each other's rights and to seek guidance from local regulations and state statutes that govern shoreline access and use.