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 North Carolina, the public trust doctrine applies to beaches, which means that certain parts of the coastline are held in trust by the state for public use and enjoyment. The state recognizes both lateral and vertical beach access rights. Lateral beach access refers to the public's right to walk along the beach, typically up to the mean high water mark. Vertical access, on the other hand, involves the ability of the public to reach the beach from the first public road or right-of-way. North Carolina has made efforts to ensure that public access to beaches is maintained, including the establishment of public access points and parking areas. However, conflicts can arise where private property extends to the beach, and in such cases, the state works to balance the rights of property owners with the public's right to access the beach. Local ordinances and state regulations may dictate specific access points and the extent of public access in certain areas, so it's important to be aware of the rules that apply to each beach.