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 New Hampshire, the public trust doctrine applies to the state's beaches, meaning that certain parts of the coastline are held in trust by the state for public use and enjoyment. Lateral beach access, or the right to walk along the beach, is generally allowed in New Hampshire, as long as individuals stay below the high tide line, which is considered state-owned land. However, vertical beach access, which refers to the ability to reach the beach from upland areas, can be more complicated due to private property rights. New Hampshire law requires that the public be provided with access to public waters, but the specifics of access points and parking can vary by locality. The state and local municipalities may establish public access points and parking areas to facilitate beach access, but in areas where the beachfront is privately owned, access may be limited to specific points designated for public use. Property owners adjacent to the beaches cannot impede the public's right to use the state-owned portion of the beach, but they do have rights to their private property above the high tide line.