Who is allowed to walk on the beach? It depends on where you live

June 21, 2026

Beach access across the United States faces increasing legal challenges as property owners and the public clash over who can walk along shorelines. While the public trust doctrine historically granted Americans the right to access navigable waters and walk below the high-water mark, individual states have created an inconsistent patchwork of regulations that leaves many coastal areas in legal limbo. Physical barriers like seawalls, locked gates, blocked roads, and restricted parking are preventing people from reaching beaches even in states with legal protections for public access.

Who is affected

Paul Florsheim, a retired public health professor ticketed for trespassing on a Lake Michigan beach
Residents of Wisconsin, Maine, California, Massachusetts, New York, Indiana, Michigan, North Carolina, New Jersey, and Florida who use coastal beaches
Lakefront and oceanfront property owners claiming private ownership of beaches
Residents of Wells, Maine engaged in a yearslong legal fight over beach access
Non-residents in Forest Park, Illinois and Norwalk, Connecticut who must pay fees to use beaches
Municipalities in Door County, Wisconsin that invested in acquiring public shoreline access
State agencies defending public access protections in court
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What action is being taken

Florsheim is appealing his guilty verdict for trespassing
A lawsuit filed in 2021 by Maine residents challenging the state's beach ownership rules is still in litigation
Property owners in Wisconsin have roped off Lake Michigan shoreline and erected "no trespassing" signs with mounted trail cameras
Door County, Wisconsin municipalities have invested over $26 million to acquire shoreline for public use
State agencies are defending public access protections in court against property owners and developers
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Why it matters

Beach access has significant physical and psychological health benefits for people, making it an important public resource. The legal uncertainty creates a patchwork of conflicting state regulations that prevents many Americans from exercising what was historically considered a fundamental public right under the public trust doctrine. The Wisconsin case alone will determine access to approximately 800 miles of Great Lakes beaches, affecting millions of potential users. Even where legal protections exist, physical barriers and local restrictions are effectively privatizing what should be public spaces, raising fundamental questions about property rights versus public access to natural resources.
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What's next

Some parties in the Maine litigation have indicated they want to take the case to the U.S. Supreme Court if necessary. The Florsheim case will provide the first legal determination in Wisconsin regarding public walking rights on Great Lakes beaches. No other explicit next steps are stated in the article.

Read full article from source: bridgedetroit.com