Chapter 6.1
Community Health and Safety

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Reducing Barriers to Coastal Public Beach Access

INTRODUCTION

Public rights of access to and use of coastal beaches are based in the common law public trust doctrine—that by the law of nature, beaches are common to all humankind and consequently no one has exclusive property rights to these natural assets.[1]  Yet, through history, private owners of beachfront property and local governments have declared some beaches off-limits to the public and to specific populations.  To mark off areas for exclusive use, they employed a range of devices—from “keep out” signs put up by private property owners to exorbitant permits and parking fees imposed by local communities.

People of color have been systematically and disproportionately impacted by these tools of exclusion from coastal beaches, both as private property owners and as public beachgoers.[2]  At the start of the 20^th century, a rush of inexpensive coastal property investments by wealthy white communities, partially as a result of the budding resort industry, broadened the lack of beach access to people of color.[3] Local governments further contributed to the lack of access by abusing eminent domain powers. For instance, a century ago, one Southern California city leveraged its power of eminent domain to take the sole beachfront resort in the area that allowed Black visitors.[4] This measure only heightened and served to perpetuate the exclusion of people by race and color from the state’s natural resources.  Segregation on public beaches[5] also spurred racialized violence such as the burning of Black-owned beach establishments.[6]  In addition, although now unenforceable,[7] racially restrictive covenants prevented people of color from purchasing desirable coastal properties that would have guaranteed them local beach access.[8] Racially restrictive covenants were enforceable contracts that “explicitly forbid the sale, transfer, or use of a property to/by a person of a specific racial/ethnic group.”[9] The legacy of racially restrictive covenants and racial violence contributed to the present-day reality that people of color can bear a higher “travel burden” when they wish to visit the beach, meaning they often have lower proximity to coastal beach access points, as compared to their white counterparts.[10] This phenomenon increases the time, money, and energy that people of color must exert to travel to and experience the benefits of coastal beach access.[11] Further, local government often limits public beach access through high parking fees for non-residents, disproportionately affecting people of color already excluded from the beach community by restrictive covenants and zoning.[12]

This exclusion becomes more impactful in the wake of climate change as hot regions become even more sweltering,[13] and as natural disasters[14] and unsustainable beachfront development cause further erosion, thus shrinking the usable beach area.[15] These collective pressures make access to beaches increasingly important as an escape from the urban heat and stress. In search of alternative access points for the beach, people of color may be forced into hazardous and unsupervised waters.[17]

Even though beaches are legally public spaces, private beachfront property owners routinely interfere with public access. Locked gates or tennis courts at the entrance of public beach accessways near their property effectively and unlawfully deny access to the public.[18] Some private property owners also try to misdirect people with fake private property signs or “no parking” signs at beaches that are truly for the public.[19] Practices like these, which appear racially neutral, can have a disproportionate impact on people of color who tend to live farther from the beach.[20] Other times, people struggle to access public beaches due to inappropriate landscaping choices, or otherwise poorly maintained, or absent, pathways.[21] An important aspect of these pathways may be the absence of dune walkovers and other adaptive infrastructure. These issues can be exacerbated for people with disabilities[22] and those who require the use of beach movement aids.

The COVID-19 pandemic also created a need for public health considerations on beaches, including monitoring overcrowding. When governments choose to temporarily limit beach occupancy to facilitate social distancing[23] or prevent overcrowding in general, there is also a concern that access may be inequitably restricted; that is, those in dense and distant communities are subjected to more limits.

Many coastal states have adopted beach access plans, delineating state-wide goals and policies on beach preservation and access.However, there is still much work to be done. The significant social imbalance in coastal beach access reflects an urgent need for local governments to focus on preserving and facilitating public coastal beach access for everyone, especially people of color.[25] This article proposes four concerted recommendations that local governments can enact to support open public coastal beach access:

Four Recommended Actions to Reduce Barriers to Coastal Public Beach Access

1. Address Physical Barriers and False Signage
2. Coordinate Trail and Walking Systems with Visual Access Points
3. Maintain Dune Walkovers and Path Infrastructure
4. Mitigate Restrictions on Public Beaches, Including During Social Distancing

The first action addresses interference from private property owners, through prohibitions on false signs which discourage public access, and prohibitions on physical obstructions at the entrances of beach accessways.[26] The second action is to coordinate more extensive trail and walking systems, which incorporate coastline visual access points.[27] The third action addresses weak infrastructure by providing for the maintenance of public dune walkovers.[28] A fourth overarching recommendation is that local governments should preserve public beach access to the maximum extent possible, while taking health pandemic precautions for overcrowding into account, through remedies such as promoting continuous traffic by foot or by bike.[29] Although not specifically addressed by the actions in this brief, local governments should also be aware that a crucial component of public beach access is reliable public transportation and affordable parking lots for non-residents.

Local governments are encouraged to adopt all four as they are complementary.  However, the first action may take a high priority because it is widely applicable at a low cost, and accounts for a variety of obstructions and inaccurate or intentionally false signage. Even if a local government has a transitionary period of challenging enforcement, this first action allows the government to take a stand against private interference with public beach access. The third action concerning the maintenance of public dune walkovers could be particularly useful in areas that have suffered habitat destruction and beach erosion, especially due to natural disasters. Additionally, the second and third actions may work particularly well with each other because one aspect of coordinating clear trails and walkways could be strong dune walkover infrastructure. The fourth action involving health pandemic precautions may be most impactful on public beaches with popular tourist seasons, or that are prone to overcrowding due to high demand or shrinking beach availability from environmental crises.

EFFECTS

The actions in this proposal help local governments “mak[e] the entire shoreline system a community amenity open to the public.”[30] Coastal beaches serve as versatile natural spaces. Communities can use the space to participate in outdoor recreation, cool off on dangerously hot days, or take a reprieve from the stressors of urban living. The Urban Land Institute states that it is crucial that public beaches have “[a] diverse range of access types–pedestrian, vehicular, view–with a range of amenities to meet user needs, such as parks, walkways, boardwalks, and streets.”[31] The four recommended actions support this goal to improve community exposure to coastal beaches. Studies show that intentional, indirect, and incidental coastal beach exposures provide physical, mental, environmental, and economic benefits. These positive effects can have an even greater impact on economically disadvantaged groups[32] and people of color with a higher travel burden.[33]

Exposure to coastal beaches can improve an individual’s physical health.[34] Research has shown a positive association between exposure to aquatic environments, or blue spaces, increased physical activity levels, improved general health, and cardiovascular strength.[35] The second recommended action, concerning the coordinated walking and trail systems, can offer communities more opportunities to experience these physical benefits. For instance, individuals may incorporate ocean-adjacent paths into their daily lives, such as during work or grocery commutes.[36] The incorporation of visual access points along these paths provides an additional opportunity for indirect exposure to the ocean, without necessarily entering the beach itself. The third action, concerning dune walkover infrastructure, can encourage physical activity on and near the beach because walkovers provide clear streamlined paths that people can use to navigate protected dune habitats.

Beach visitors also experience positive psychological benefits. Studies show that beach exposure can improve general well-being and some mental health conditions.[37] Coastal views alone can improve mental health by reducing psychological distress in an urban environment,[38] improving general health, and even reducing an individual’s risk for depression.[39] Another study found that those who observed a waterway experienced high subjective levels of relaxation and decreased average blood pressure and heart rate.[40] The first action, prohibiting false signage, misdirection and path obstructions, will encourage and increase access for beach visitors who intentionally seek blue space exposure at public beaches.[41] A prohibition on this type of signage and misdirection can also increase awareness of public beach opportunities, which can encourage coastal visitation from those who shoulder a higher travel burden.[42] The second action, concerning the incorporation of visual coastline access, can offer psychological benefits associated with indirect blue space exposure. The fourth action, concerning permitted activities during times of COVID-19 restrictions, ensures that communities retain some exposure that can provide both the physical and mental benefits described here.

Equitable access “can and should go hand in hand with protecting and conserving coastal areas.”[43] The first action can be fairly tempered by thoughtful implementation of the other three, which improve accessway visibility and hinder private interference. The second action, promoting a coordinated walking system, will allow local governments to mark paths that circumvent fragile beach habitats to preserve public access while setting aside ocean habitats it may wish to protect and preserve.[44] The third action, concerning dune walkovers, can be very impactful for preserving dune habitats, which are essential protective tools against storm-induced flooding and property damage.[45] The sustainable development of walking trails and dune walkovers is important because the beach ecosystem itself has inherent value in mitigating coastline shrinkage and property damage from climate events like intense flooding.[46] In the absence of dune walkovers, unregulated foot and vehicle traffic can damage dunes.[47]  The fourth action, by limiting overcrowding that might result from the need to escape to the outdoors, can work to preserve the fragile resources.

Public coastal beaches hold unique value as economic and social assets. One study acknowledged the massive travel and tourism industries[48] and measured tourists’ willingness to pay for public beach access. The study determined that “beach visitors are willing to pay a sizeable amount to obtain improved services of beach access points with parking spaces and other facilities.”[49]  Beaches also have an irreplaceable social value to communities as places for “cultural diversity” and education.[50]

Local governments should use these recommended actions to make the sharing of these assets more equitable. To maximize the benefits to people of color specifically, rather than only those people who live in close proximity, the majority of which are white,[51] local governments may coordinate the walking and trail systems to be physically connected to historically segregated neighborhoods, which will allow more people of color to access the overall benefits described in this section and also to invite tourists to commercial areas in these communities.  These categories of benefits can be especially impactful in economically disadvantaged areas; for instance, the studies related to the physical benefits note that these areas would likely experience the greatest impact.[52] Ordinances that provide for the maintenance of dune walkovers, as well as the removal of obstructions, may improve access for those with disabilities.[53]

EXAMPLES

Proposed Action #1: Address Physical Barriers and False Signage

Volusia County, FL

Volusia County’s ordinance is a good demonstration of the first recommended action, as it addresses the physical barriers to access on or near public beach accessways, as well as false signage.  The ordinance prohibits “any structure, barrier or restraint” that may obstruct the ability of any member of the public to enter or exit a public beach,[54] or that may “obstruct vehicular access through or over vehicular approaches or vehicular passage upon or over the beach.”[55] The ordinance also recognizes that false signage can act as a physical barrier to public beach access if it misrepresents public space as private property.[56] It specifically prohibits the placement “on any beach or approach any sign, marker or warning stating that the public beach is private property or that the public does not have the right of access contrary to the lawful access rights of the public.”[57] Violators are subject to the general penalty set forth for a variety of other offenses in the ordinance[58] and violators may be fined not more than $500.00, and/or “imprison[ed] in the county jail for a term not exceeding 60 days.” Penalties may also be accompanied by “injunctive or other equitable or civil relief.” [59]

To view the provisions, see: Volusia County, FL, Code of Ordinances § 20-84 (Jul. 27, 2022) (obstruction of public access); Volusia County, FL, Code of Ordinances § 20-85 (Jul. 27, 2022) (obstruction of vehicular access); Volusia County, FL, Code of Ordinances § 20-87 (Jul. 27, 2022) (posting of beach access points or beach approaches); Volusia County, FL, Code of Ordinances, § 1-7 (general penalty).

Quintana, TX

Quintana’s ordinance prohibits physical interferences on or near public accessways by prohibiting “any obstruction, barrier, or restraint,” that may prevent a member of the public from entering or exiting a public beach.[60] It also protects public beach accessways from displaying “any sign, marker, or warning” falsely representing a public accessway as private property.[61] The coverage of this definition extends to false representations that people make through any other written or oral medium, as long as the communication medium existed “on or adjacent to any public beach,” and not “on areas landward of the vegetation line and accessways” on private property.[62]

The Quintana Code does not specify additional penalties for violators for particular acts and likely defers to the general penalty set forth for other offenses enumerated in the ordinance. Violators may be fined not more than $500.00, and for continuous violations, “each day the violation continues is a separate offense.” Continuous violations may also be considered a public nuisance, potentially subjected to “injunctive or other equitable relief and by such other means as are provided by law.”[63]

To view the provisions, see Quintana, TX, Code of Ordinances § 103-131 (a-b) (Jul. 21, 2022); Quintana, TX, Code of Ordinances § 103-140 (Jul. 21, 2022); Quintana, TX, Code of Ordinances § 1-7 (Jul. 21, 2022) (general penalty).

Proposed Action #2: Coordinate Trail and Walking Systems with Visual Access Points

Coupeville, WA

Coupeville’s ordinance demonstrates the second recommended action, by addressing walking systems and visual access to the coastline.[64] Its ordinance encourages public access to locations with shoreline views.[65] One of the town’s goals is to “provide, maintain, and enhance a safe, convenient, and balanced system of public access, both physical and visual.”[66] The town’s other goals describe more specific ways it hopes to create a “comprehensive system of public access” to the local shorelines for recreational activities, including navigable paths.[67] The town ordinance also describes the importance of creating a “coordinated system of connected pathways, sidewalks, passageways between buildings, beach walks, and shoreline access points” to facilitate various options for independent and community experiences by the ocean.[68]

One goal explains that these walkways will specifically involve viewing platforms, which can support the town’s goal of improving visual access ways.[69] The ordinance indicates that public access points will also be “appropriately marked,” which should improve people’s knowledge of the beach access they have available to them. One of Coupeville’s enumerated policies indicates that its overall plan for equitable public beach access on these accessways includes consideration of “physically impaired persons, where possible.”[70] In order to avoid confusion or possible concern, throughout Coupeville’s discussion of public access, the ordinance directly explains how public access points will not interfere with private property rights.[71]

To view the provision, see: Coupeville, WA, Code of Ordinances § 16.30.180 (a-b) (Feb. 25, 2022).

Proposed Action #3: Maintain Dune Walkovers and Path Infrastructure

Volusia County, FL

Volusia County’s ordinance also employs the third proposed action, supporting the maintenance of dune walkovers.[72] This ordinance addresses the importance of strong beach infrastructure on the public accessways, by requiring beach and dune walkovers at all new public access points and setting forth standards for their construction. The ordinance explicitly states the connection between these walkovers and public accessways: “[w]alkovers are required at all new public access points . . . and other commercial establishments which allow ingress and egress to the beach and lack access to existing walkover structures or ramps.”[75] The ordinance draws specific attention to the importance of maintaining walkovers that are “new or reconstructed” due to already sustained damage.[76]

To view the provision: Volusia County, FL, Code of Ordinances § 72-1055 (Jul. 27, 2022) (standards for beach and dune walkovers).

Quintana, TX

Quintana’s ordinance similarly addresses the third proposed action. Quintana’s town council will only “authorize the construction of dune walkovers or other beach access mechanisms,”[77] if all project sponsors satisfy a series of requirements. One of these requirements is that the structures be located such that they do not “interfere with or otherwise restrict public use of the beach at normal high tides.”[78] The ordinance recognizes that those locations may be affected by natural events and states that walkovers may require relocation if natural events cause any landward or seaward migration of the beach or dunes.[79] Modifications to walkover dimensions and required permitting may vary, depending on whether the natural events were sudden or whether they gradually occurred over time.[80] The ordinance does not specify whether the general public must be able to access constructed private walkovers, only that the structures cannot interfere with public access.

To view the provisions, see Quintana, TX, Code of Ordinances § 103-131 (a-b) (Jul. 21, 2022); Quintana, TX, Code of Ordinances § 103-140 (Jul. 21, 2022); Quintana, TX, Code of Ordinances § 1-7 (Jul. 21, 2022) (general penalty). See also, City of Galveston Dune Protection https://perma.cc/3FGR-2TDY, Galveston, TX, Code of Ordinances §19-012(H), (S) (T) (R), https://perma.cc/6BQF-PFEG.

Proposed Action #4: Mitigate Restrictions on Public Beaches, Including During Social Distancing

San Buenaventura, CA

San Buenaventura’s ordinance addresses unique public beach access concerns in the time of the pandemic. It also incorporates the first action’s emphasis on accurate and well-marked beach signage.[81] Social distancing can have a negative impact on public beach access if beaches must limit admission and temporarily close parking lots. This ordinance attempts to mitigate these negative effects by protecting the public’s ability to travel by bike or on foot through the beach:

Walking, hiking, jogging, running, or biking is permitted so long as those engaging in these activities do not linger in any location. Sitting, standing, or laying down is prohibited.[82]

This language illustrates the balance between protecting beach access and creating physical accessways that align with public health guidance on overcrowding.[83] This policy further promotes connectivity with walking and trail systems linked with historically segregated neighborhoods, because people may already use these paths to reach the beach by bike or on foot. The ordinance also describes how the city should provide accessible notification of closures and permitted activities: “[n]otice of the limited closures shall be provided at the primary entrance of each City park and all City beach access points,” written in English and Spanish.[84]

To view the provisions, see: San Buenaventura, CA, Code of Ordinances § 8.1000.030 (a-d) (Jul. 25, 2022) (describing the circumstances prompting limited closure of beaches and the activities that remain permitted during a closure); San Buenaventura, CA, Code of Ordinances § 8.1000.040 (Jul. 25, 2022) (describing the method of notification for limited public beach closures).

ADDITIONAL EXAMPLES

Galveston, TX, Code of Ordinances § 29-63: Beach Access Goals, Priorities, Implementation Schedule, and Funding Sources (Sept. 28, 2022) (setting city-wide goals to (1) provide signage clarifying public access and describing dune protection standards, (2) designate public beach paths that will assist pedestrians and preserve dunes and other vegetation, and (3) utilize dune walkovers and access mats to support disabled individuals, and those who require beach wheelchairs). For more information on Galveston’s dune protection and beachfront standards, Chapter 29 - PLANNING—BEACH ACCESS DUNE PROTECTION AND BEACH FRONT CONSTRUCTION | Code of Ordinances | Galveston, TX | Municode Library.

Brazoria, TX County, Dune Protection and Beach Access Plan (July 12, 2022), (providing extensive administrative information like construction standards, permitting, and beach user fee structures, for beachfront signage, vehicular controls, and dune protection, including dune walkovers).

Mason County, WA, Chapter 17.50 - SHORELINE MASTER PROGRAM | Code of Ordinances | Mason County, WA | Municode Library: Beach Access Structures (Oct. 31, 2022) (providing for pedestrian beach accessways that minimally disrupt the shoreline ecology and recommending that neighboring private property owners minimize their ecological impact by creating joint accessways, rather than individualized ones).

Carolina Beach, NC, Code of Ordinances § 28-119, Search | Carolina Beach, NC | Municode Library( Placing Obstructions on the Public Beach (Jul. 26, 2022) (ensuring public access to and from public beaches and prohibiting beach accessway obstructions).

Ocean Ridge, FL, Code of Ordinances § 62-27, Search | Ocean Ridge, FL | Municode Library: Vehicles (Aug. 30, 2022) (designating as nuisance per se allowing a vehicle to obstruct public beach access points by stopping, standing, or parking).

St. Augustine Beach, FL, Appendix C: Comprehensive Plan, Conservation/Coastal Management, Goal CC.1 (Apr. 25, 2022) (requiring the county to maintain beach walkovers and prohibiting private landowners from restricting public access to beaches via plantings).