Coastal accessibility laws

[Liv2Fish]

Does anyone know what (or where I can find) the rules regarding where property lines end on ocean front homes etc?

I have been told that nobody owns beyond the high water mark and if you access the beach legally, you should be able to hike it with out issue.

[djlesco]

I know this to be true in rhode island
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[Fly Rod]

In Mass I do believe they own to the low water mark.

Go to the assessors office and they have all the maps that you can glance at or have a copy made. If you do not know thw owner of the property look under the street address, it will show map and lot numbers and then go to that map open and find the lot.

[stripermaineiac]

The laws are all over the place as far as who can and can't walk where but something to keep in mind. I mass all those people that built peirs off their property had to install stairs so that they could be crossed by people fishing and clamming and such.Even the stupidity about the train tracks was in violation of public access that's why the
corp of engineers built all those walk ways along the canal so that people can walk from their vehicles to use the paved paths along the canal.If it wasn't legal the Corp would have never built all those walk ways and all those people that had to put stairs on their peirs wouldn't have had to do that also. Ron

[Rob Rockcrawler]

Owning to the low water mark would make it a real pain in the arse. If thats the case, and it may be, then you really couldnt fish at high tide, or much above low tide depending on the slope.

[JackK]

Pretty sure in MA private property extends from the mean high water mark to the mean low water mark... Colonial Ordinances of 1641-47

** Should have been more specific- those ordinances allowed for public use of private tidelands for three purposes- Fishing, fowling, and navigation. So if you just want to go for a hike, you're outta luck. But if you have a fishing rod, it's perfectly legal.

Not sure about RI...

Ranting to angry homeowners about the aforementioned ordinances has generally worked for me in the past

[HESH2]

colonial law in mass went to court after fisherman arrested way out bay side on complaint by homeowner.guy was found to be guilty.

[numbskull]

In MA the office of the attorney general has a brochure about this.
The MA DMF was passing it out a RISSA or MSBA a few years ago.

You can not cross private land to access fishing.

Once you are on the beach, you can fish or walk to fish anywhere below the mean high tide mark (i.e., "wet sand").

You can legally cross man made obstructions in your path (i.e., jetties and seawalls), but you can't legally stop and fish from them.

[JackK]

I didn't know that about the jetties- good info.

I wonder if that's why that one fellow went to jail- if he crossed private property to fish. If I'm going to use the CO defense, I make sure I've accessed the beach by a public path.

Some more info:

Public Rights Along the Shoreline - Fact Sheet

[Nebe]

In RI, the public shall be granted access to one wagons width above the yearly mean high tide line. This law was made to help farmers gather seaweed.
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