Dear Mr. Deschner,
A man shouted at me: "Get off my beach!" Since then, I have begun researching my rights. According to the Public Trust Doctrine, and you, I clearly do have the right to walk across his beach. But according to the Washington State Dept. of Ecology: http://www.ecy.wa.gov/pubs/93054.pdf, the Washington Supreme Court has not decided whether the public has the right to walk across private tidelands as no precedent has been set.

I will continue doing more research, but I was hoping you might have something more that could help me.
Lindsey Craig

Tom Deschner writes

>This means anywhere from the meander line out in the water past the mean high tide mark up to their upland property. But that doesn't mean that you, the public and/or boater cannot access that beach up to the high tide mark. You can walk on, land and have lunch, even camp on the beach up to the high tide mark.


Actually, in Washington State, the meander line or high tide land is the boundary between the tideland and the uplands. This line is determined by when the uplands were originally conveyed by the USA or the State of Washington. The area from this line out seaward to low tide is the tidelands or shorelands and they may also be owned as private property. The only rights that the public has to privately owned tidelands are to the water that may cover this land. The beach beneath is private and had the same laws regarding private ownership including getting you fined or arrested for trespassing.

If you are contemplating stepping on a privatley owned beach in Washington State, you really should check into this.

HEY! GET OFF MY PROPERTY !
by Tom Deschner

Can a beach front property owner kick you off his/her beach. Legally, no!!! Landing on any beach can involve private property. But is the boater trespassing? The answer is NO! In boating inland waters we often come up on a beach and want to eat lunch, rest, or even camp. Often we are greeted by "NO TRESPASSING SIGNS" or an irate upland owner eager to chase us off HIS beach. Intimidated, we paddle on. However, what most people don't know is that you have every right to be on that beach. Even though that upland owner may own the beach.



In Washington State, upland owners are allowed to own tide lands and therefore they can own the beach. This means anywhere from the meander line out in the water past the mean high tide mark up to their upland property. But that doesn't mean that you, the public and/or boater cannot access that beach up to the high tide mark. You can walk on, land and have lunch, even camp on the beach up to the high tide mark. How come? Because this state is a "Public Trust Doctrine" state. And the Public Trust Doctrine proclaims that certain lands and resources are held in trust by the State for the Public. This includes the tide lands and beach up to the mean high tide mark.



What about rivers and their flood plains? You are boating a river and come up on a gravel bar to be greeted by an irate property owner who claims he owns the river (owns both sides of the river.) Can he order you off? Once again, legally NO. Water is a resource owned by the State and held in trust for the public. You have a legal right to be on that river and on the flood plain of that river.



YOUR RIGHT TO LAND YOUR KAYAK ON A PRIVATE BEACH AND KAYAK THE RIVER (AND ACCESS THE FLOOD PLAIN): (Here is what *Center for Environmental Law and Policy, CELP has to say about it.)


WE believe that, according to the Public Trust Doctrine, you may have purchased a portion of the beach from the State, and have title to prove it-----but the public still has their right to walk along it within the constraints of the tidelands. A raging Cascade creek may run through your property, but those kayakers brave enough to run it have a right to do so.



From early Seattlites collecting mussels beneath Henry Yesler's wharves, to folks along Bainbridge Island simply wishing to stroll along a beach as they have for years, the Public Trust Doctrine assures that dominion over such lands will always reside with the State and that the State will hold and administer this dominion in the public interest.

WHAT IS THE PUBLIC TRUST DOCTRINE? Once again here is what *CELP has to say about it.

The Public Trust Doctrine is a principle, based on English Common Law that the State holds domain and sovereignty over all shorelands and navigable water. The State has a duty to administer these lands and waters to maintain the public's right to fishing and navigation. (And possibly more, depending upon the State.)

History: The Public Trust Doctrine (PTD) originated in the Roman Empire beginning in the 5th century, A.D., and was later encoded into English Common Law. While American Revolutionaries certainly had their differences with England, they used English Common Law as the basis for the new nation's statutes. Each new state was granted full ownership of its water bodies and shorelands, with an accompanying right to sell them. These conditions of private ownership are referred to as the "jus privatum." Along with these rights came the duty to hold in trust the public's rights of navigation and access to fisheries and all fresh and saltwater banks, regardless of ownership. This is "jus publicum."

Be aware that any time you come ashore, you may be coming onto private property. And that property owner may not be aware that you have a right to be on that beach. So confrontation may be inevitable. It would behoove us to be diplomatic in our assertion of our right to be on that beach. Certainly we wouldn't want to set up our tent on a beach where a house was close to the water. And we wouldn't want to start digging clams right on the beach in full view of the property owner. Obviously a kayaker wouldn't drag his kayak out of the river right up on the lawn or yard of a property owner. You wouldn't pick your lunch spot right on a gravel bar in front of a person's house.

In British Columbia and Oregon, in contrast to Washington, all beaches and tidelands are owned by the Province or State. In the early days in Canada all land bordering on rivers and streams two chain lengths up from the river was public land. In the early days of Canada transportation and freight hauling was by canoe and portages were common. So boatmen were forced to come on land to portage. So the two chain lengths were their legal right to be on the land next to the river. But have no doubt about it. You have a right to land on any beach in the State of Washington. You have a right to boat any river and use the gravel bars. So relax and enjoy the beaches, rivers and gravel bars. But be gentle with the upland owners who might own the beach and the land along the river.

Tom Deschner