Public Beach Access – What’s legal, what’s not
Public Beach Access What’s legal, what’s not…When a public access issue comes up, conflict typically arises because people are unfamiliar with the law, said a shoreline ownership research specialist for the Washington Department of Natural Resources.”People are often acting on misinformation,” he said.Unlike some coastal states, Washington’s tidelands and beaches are not all in public ownership. The state Legislature elected to sell its tidelands and beaches in 1889.The practice continued for about 80 years, until the Legislature changed the law in 1971. Today, an estimated 60 to 70 percent of Washington’s tidelands are in private hands. Public access is available only to about 30 percent of the state’s shorelines,
A complicating factor is that boundary lines are different depending on when the property was transferred from public to private ownership. Tideland parcels sold by the state between 1889 and 1911 extended to the mean low tide – a little less than halfway between the highest and lowest tide lines. But parcels sold between 1911 to about 1971 extended to the extreme low tide – the farthest mean point of water recession.When in doubt, people who want to visit local beaches should limit their beach visits to tidelands that are clearly in public ownership, such as those extending straight out from public parks or public boat ramps. Anyplace else and you may be trespassing on someone’s property, no matter how long you have been doing it. ”Just because you were doing it for 30 years doesn’t make it right,” he said.
Losing Public Access. While there is little public tideland left in Washington, under state law, any public road that abuts a shoreline is considered legal public access to the beach. The law also says the county may not abandon or vacate such a road.Another issue that has yet to be resolved in court is the issue of walking across private tidelands. The issue is whether property owners can legally keep people from crossing private tidelands to reach public tidelands. According to public trust doctrine, the answer is no, ”It says you can’t close them off so no one can walk on them,” Under the doctrine, many of the signs that say, ‘private tidelands and beach,’ go beyond their authority. However, the doctrine is an interpretation of state law and has yet to be challenged in court. Access denied. Most agree that the challenges surrounding public beach access will likely only get worse.”Is the problem going to go away? No. It’s going to intensify,” as population increases, so too will local property values. And with more demand than supply, only the wealthy can afford beachfront property. And if local government fails to protect public access to beaches, eventually only the wealthy will be able to enjoy the benefits.”It’s not the poor people who live on the shorelines,” Increasing controversy over beach access may be the inevitable result. Things could be different if the state were to put a higher priority on the preservation of public access by funding projects that help resolve questions of property ownership…
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