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 Utah, the public's right to access beaches is governed by the Public Waters Access Act, which was passed in response to the Utah Supreme Court's decision in Conatser v. Johnson. This Act allows the public to lawfully access and use the waters of the state for recreational activities, including walking along the banks of public waters that cross private property, provided they enter and exit at public access points and avoid trespassing on private property to reach the water. However, the Act does not grant the public the right to walk through private property to reach these public waters, which can limit vertical beach access. The lateral beach access, or the right to walk along the beach, is generally permitted as long as it is within the public water boundaries. Utah's approach to beach access reflects a balance between public rights under the public trust doctrine and private property rights, with specific statutes delineating the extent of public access to beaches and waterways.