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 Mexico, 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 New Mexico is not known for oceanic beaches, it does have inland lakes and riverbanks that are subject to public access laws. The state ensures that the public has the right to use these areas, commonly for recreational purposes such as fishing, boating, and swimming. However, the specifics of lateral and vertical beach access can be complex, as private property rights can limit vertical access to these public lands. New Mexico may have specific statutes and regulations that govern access to its public waters and adjacent lands, balancing the need for public access with the rights of private landowners. It's important for individuals to be aware of local regulations and property boundaries when attempting to access public trust lands in New Mexico.