July 3, 2020
written by Net Advisor™
SACRAMENTO, California. Do states have authority to prevent public access to beaches and coastal waters? We checked a few states, some federal statues, and this is what we found.
California.
In 1972, California voters passed Proposition 20. This created the California Coastal Commission. Four years later the commission was made permanent by state legislators.
California state law says the beaches belong to the people.
“The people of the State of California hereby find and declare that the California coastal zone is a distinct and valuable natural resource belonging to all the people…”
— CA Pub Res Code § 27001 [California Coastal Zone Conservation Act of 1972], in re: Frisco Land & Mining Co. v. State of California (1977).
California state law further says that the state must maximize access to the coast; and allow public recreation in coastal zones.
“Maximize public access to and along the coast and maximize
public recreational opportunities in the coastal zone consistent with
sound resources conservation principles and constitutionally
protected rights of private property owners.”— CA Pub Res Code § 30001.5. (c)
Maximum access to the coast is protected in California’s state Constitution.
“In carrying out the requirement of Section 4 of Article X of the California Constitution,
maximum access, which shall be conspicuously posted, and recreational opportunities shall
be provided for all the people consistent with public safety needs and the need to protect
public rights, rights of private property owners, and natural resource areas from overuse.”— CA Pub Res Code § 30210
No California governor can issue any executive order that bypasses the State Constitution. Just has no U.S. president can issue an executive order that conflicts with the U.S. Constitution. That would be called a dictatorship. In fact, none of the California orders relating to the Coronavirus were ever approved by the state legislators. All have been done by executive action, and without input from the public or legislator action.
“The Legislature further finds and declares that the public
has a right to fully participate in decisions affecting coastal
planning, conservation, and development; that achievement of sound
coastal conservation and development is dependent upon public
understanding and support; and that the continuing planning and
implementation of programs for coastal conservation and development
should include the widest opportunity for public participation.”— CA Pub Res Code § 30006
The state must also consider the social (and economic) needs of the people of the state.
“Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.”
— CA Pub Res Code § 30001.5. (b)
California clearly isn’t interest in the needs, or freedom of the people to make decisions for themselves. The state must also make parking accessible to the public. The state can regulate the number of people parking at state beaches.
“Wherever appropriate and feasible, public facilities, including parking areas or facilities,
shall be distributed throughout an area so as to mitigate against the impacts, social and
otherwise, of overcrowding or overuse by the public of any single area.”— CA Pub Res Code § 30212.5
The state can regulate time, place and manner. This would include for examples beaches close at says 10:00 PM local time and reopen at 5:00 AM local time. That is permitted. Complete closure at executive discretion is not.
“The public access policies of this article shall be implemented in a manner that takes
into account the need to regulate the time, place, and manner of public access depending on
the facts and circumstances in each case.”— CA Pub Res Code § 30214 (a)
Local municipalities apparently lack discretionary control over public access areas; especially when such conflict with state, and state constitutional law.
“No provision of this division is a limitation on any of the
following:Except as otherwise limited by state law, on the power of a
city or county or city and county to adopt and enforce additional
regulations, not in conflict with this act, imposing further
conditions, restrictions, or limitations with respect to any land or
water use or other activity which might adversely affect the
resources of the coastal zone.”— CA Pub Res Code § 30005 (a)
We looked at a couple of other states. Sorry, we didn’t have time to go over all the state codes and statutes on both coastlines.
WASHINGTON STATE:
There apparently is no restrictions on Washington State regarding public having the right to access and use the wet and dry sands of the state’s beaches and coast.
(1) Without regard to any other property interests or rights which the state may have, members of the public have the right to use and enjoy the wet and dry sand areas of the ocean beaches of the state of Washington by virtue of a long-established customary use of those areas.
— WA Attorney General’s Office 1970 No. 27, Dec 14, 1970
Only one particular Indian Tribe has protected area that the public may not access without proper permission from the Tribe.
(2) The right of members of the public to use and enjoy the wet and dry sand areas of the ocean beaches of Washington by virtue of a long-established customary use of those areas does not presently extend to such ocean beach areas as are within the exterior boundaries of the Quinault Indian Reservation.
— WA Attorney General’s Office 1970 No. 27, Dec 14, 1970
Next, we took a peak at Florida.
FLORIDA:
The Sunshine State has a general guide regarding public access to coastline.
“Sovereignty lands. — The title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people.
Sale of such lands may be authorized by law, but only when in the public interest. Private use of portions of such lands may be authorized by law, but only when not contrary to the public interest. History.—Am. H.J.R. 792, 1970; adopted 1970.”
Florida beach access is listed as ‘reasonable access’ as opposed to California’s “maximum public access.”
“Ensure the public’s right to reasonable access to beaches.”
Florida also provides access to beaches and public access ways including recreation facilities.
“A recreation and open space element indicating a comprehensive system of public
and private sites for recreation, including, but not limited to, natural reservations,
parks and playgrounds, parkways, beaches and public access to beaches, open
spaces, waterways, and other recreational facilities.”
Finally, we looked at what federal law has to say about coastlines. There is actually a lot the feds have to say, but in short, the federal government appears to take precedent over ‘coastal zones.’
U.S. Federal Law.
“The term “coastal zone” means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches.”
The Congress finds that—
“(a) There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone.”
“(b) The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation.”
Lastly, despite what some local or state politicians might say, public access to the coasts is in the interest of national policy, which includes public recreation purposes.
“The Congress finds and declares that it is the national policy —
“public access to the coasts for recreation purposes.”
For those who have access, or are a bit landlocked, enjoy, and Happy Independence Day!
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