New Publication Helps Answer the Question, “Who owns the beach?
Contact: Catherine Schmitt, Maine Sea Grant 207-581-1434, catherine.schmitt@umit.maine.edu
ORONO, Maine — Ask a Mainer who owns the beach, and you’re likely to get several answers. “The beach is private property of the landowner.” “The town owns the beach.” “The public has the right to use the beach for fishing, fowling, and navigation.” Sometimes the answer is a combination of these, or sometimes it’s just a blank, puzzled look. Who does own the beach in Maine?
Maine has thousands of miles of coastline, yet only a small percentage of the state’s coastline is publicly owned. This contrast between private and public ownership can generate conflict between those who own the shore and those who wish to use and enjoy it, especially as more people move to the coast and recreational tourism increases. The public has certain traditional rights to the land between high and low tides, even where that land is privately owned, but understanding those rights can be tricky.
John Duff of the Marine Law Institute, University of Maine School of Law, and Maine Sea Grant have produced a publication to help people navigate the legal issues and technicalities of public access to the Maine coast. Public Shoreline Access in Maine, A Citizen’s Guide to Ocean and Coastal Law reviews existing access laws, describes several landmark court cases that have established public and private rights to coastal land, and discusses options for communities seeking to secure public access to the coast. Printed copies of the publication are available from Maine Sea Grant at 207-581-1435 or kvillarreal@maine.edu. The document can also be viewed and downloaded from http://www.seagrant.umaine.edu/.