Who owns the beach?

In California, the state owns the beach waterward of the  mean high tide line  for your benefit, to access, use, and enjoy. The state and other public entities like counties and cities might also own dry sandy beaches landward of the mean high tide line for public use. While there is private property ownership along some beaches and bluffs, the state owns most  tidelands, submerged lands, and waters  in trust for the benefit, use, and enjoyment of the public.

The modern Public Trust Doctrine refers to the principle that the State of California holds certain lands for the benefit of the public. The legal concept dates back to ancient Roman times, where legal scholars held that some lands and resources should be common to all. This legal concept was adopted and refined by English common law, and, eventually, American law to set aside all navigable waterways and submerged lands for public commerce, navigation, and fishing. The State of California acquired its ownership over tidelands and submerged lands and beds of natural, navigable waterways upon its admission to the United States in 1850. The State of California holds these lands and resources in trust for the benefit of all the people of California. Generally, the Public Trust Doctrine prioritizes public uses over private ones on this land.  

In coastal areas, the state's Public Trust lands are generally defined as the land waterward of the ordinary high water mark as typically shown by the mean high tide line, where the average high tide meets the shoreline. The mean high tide line moves over time because it is based on dynamic processes such as tides and erosion of coastal landforms. As a result, it is important to note that where the tide appears at any given time may not represent an official mean high tide line boundary.

Generally, the location of Public Trust lands is a moving band, not a fixed line. This is because in the typical sandy beach environment, the mean high tide line will move back and forth as sand moves on and off the shore, according to seasonal and oceanic conditions. In addition, as erosion occurs or sea levels rise, the Public Trust boundary will move inland as the mean high tide line moves inland. Determining where the boundary of public ownership lies in a particular location is also complex because it relies on current tidal surveys and research into legal agreements, historical status, and previous mean high tide line surveys.

Remember, even though it may be complicated to draw a public property line along the entire coast,  California State Parks  and other government agencies manage hundreds of miles of shoreline that are fully accessible to the public. The Coastal Commission's  Your Coast  map provides information on California's coastal access locations and amenities.

The responsibility for protecting the Public Trust on California’s outer coast falls upon the California Legislature, the California State Lands Commission, the California Coastal Commission, other state agencies, and local governments. In some cases, the California Legislature has transferred certain lands in trust to local jurisdictions, including cities, counties, and harbor districts. These lands, known as “granted lands,” are held by 85 entities (“local trustees”) and include the major ports of Los Angeles, Long Beach, San Diego, San Francisco, Oakland, Richmond, Benicia, and Eureka.

The coast supports jobs, creates recreational opportunities, and helps make California a beautiful and unique place to live. Sea level rise threatens beaches and many Public Trust resources, and  planning now for sea level rise  is important because preparations will take time. Many studies show that proactively preparing for sea level rise is far more cost effective than waiting until the impacts of sea level rise get worse or responding to a disaster. The Coastal Commission and its sister agencies are committed to ensuring California's beaches, tidelands, and waters remain  accessible for all , today and for future generations. 

You can participate in the process to protect Public Trust lands by providing input on upcoming permit or planning actions in your community. You can find information about future projects and plans from your local government, Coastal Commission  district office , or  State Lands Commission  websites in order to provide your input to decisionmakers. Californians can also get involved through the  California King Tides Project , which helps people visualize future sea levels by photographing the highest tides of today. King Tides are extremely high tides that occur several times a year, which causes ocean levels to rise up to 18 inches higher than normal tides.

To stay informed on the Coastal Commission's actions and efforts regarding sea level rise planning, sign up  here  to receive notifications.

Acknowledgements

This story map was developed using federal financial assistance provided by the Coastal Zone Management Act, as amended, under award NA19NOS4190073, administered by the Office for Coastal Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. The statements, findings, conclusions, and recommendations are those of the author and do not necessarily reflect the views of the National Oceanic and Atmospheric Administration or the U.S. Department of Commerce.