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 Arkansas, the public trust doctrine applies, which means that certain natural resources, including beaches, are held in trust by the state for public use and enjoyment. While Arkansas is not a coastal state and thus does not have oceanfront beaches, it does have many lakes and rivers with shorelines that may be subject to public use under the public trust doctrine. The state ensures that the public has the right to use these areas for recreational purposes such as swimming, fishing, and boating. However, the actual implementation of lateral and vertical beach access can vary depending on the specific body of water and the surrounding land ownership. Private property rights are also respected, and in some cases, the land leading to the shorelines may be privately owned, potentially limiting vertical access to the water. It is important for individuals to be aware of local regulations and property boundaries when attempting to access beach areas in Arkansas.