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 Ohio, the public trust doctrine applies to the state's waters and the land beneath them, including the shores of Lake Erie. The Ohio Supreme Court has held that the public has a right to use the waters of Lake Erie and the land beneath them up to the ordinary high water mark, which is the line that the water reaches at its highest point during the year without storm or other irregular conditions. This means that the public has lateral beach access along Lake Erie up to this point. However, the area above the high water mark may be private property, and vertical access to the beach can be limited if it involves crossing private land. Property owners along the lakefront may own the land down to the water's edge, but they must allow for this public use along the shore. The state and local governments may provide public access points to ensure vertical access to the beaches, but the extent of such access can vary depending on the location and availability of public land adjacent to the beach. It is important for beachgoers to be aware of and respect the boundaries between public and private property when accessing Ohio's beaches.