Public Access
1. Background
The concept of public access to beaches and coastal waters dates
back to Roman Emperor Justinian, in 530 A.D, who collated all the laws
of Rome, including :
"By the law of nature these things are common to all mankind;
the air, running water, the sea, and consequently the shores of the sea."
This concept traveled with European Settlers to the Americas.
The "shorelands" were public,
controlled by the states, for uses and enjoyment of the public
such as hunting, fishing, etc.
The rights eventually became known as Public Trust rights,
the areas became known as Public Trust lands and waters,
all falling under the Public Trust Doctrine.
An online description of the legal document is available at
the University of Toledo Law School Web site
(www.utlaw.edu/LIGL/).
Restrictions on full public access began in colonial Massachusetts
where long docks and wharves were needed but the state government
could not afford them.
Private docks were encouraged and access rights were changed to
allow private ownership down to the low water mark.
Previous ownership did not extended beyond the high water mark.
In New Jersey, all tidal lands and water from the high water mark
seaward is public.
Access may occasionally be restricted based on private ownership,
shore armoring (bulkheads, groins, seawalls) and public safety issues.
More Info
For more detailed background information on the history of
the Public Trust Doctrine and Public Access in general,
check out the Wisconsin Stewardship Network Web site
(www.wsn.org/issues/PIOpubtrustdoc.html).
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