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 Wisconsin, the public trust doctrine is a key principle that governs the use of the state's navigable waters, including the shores of the Great Lakes and other navigable bodies of water. Under this doctrine, the state holds all navigable waters in trust for the public's use for purposes such as navigation, fishing, and recreation. This means that the public generally has the right to use the natural waterways and the land up to the ordinary high water mark, which includes some beach areas. However, the land beyond this mark may be privately owned, and access to the beach through private property is not guaranteed. Wisconsin law requires that the public's right to access and enjoy the waterways be balanced with the rights of private property owners. Local ordinances and state statutes may provide specific regulations regarding lateral and vertical beach access, and these can vary by locality. To navigate the complexities of beach access rights and private property concerns, individuals may need to consult with an attorney familiar with Wisconsin's public trust doctrine and local access laws.