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Approved by the Surfrider Foundation Board of Directors on November 18, 2023

 Whereas, our ocean and coasts are public spaces, and the Surfrider Foundation views beach access as a universal right. Access to healthy and clean coasts and a vibrant ocean should be for the benefit of all people. The Surfrider Foundation works to secure universal, equitable, and inclusive low-impact beach access for all people. The Surfrider Foundation’s members live, work, visit, and recreate on and near the world’s beaches, and benefit from equitable access to healthy, clean and vibrant coasts.

Whereas, the Surfrider Foundation works to protect everyone’s right to enjoy our ocean, waves, and beaches.

Whereas, multiple barriers to equitable and inclusive beach access exist, including: beachfront property owners blocking access to and along beaches; state laws, local laws, and judicial decisions restricting access; limited perpendicular access points; harassment and intimidation tactics; “coastal squeeze”[1] from climate change, coastal development, and coastal armoring narrowing or eliminating beaches; inadequate and/or inequitable supporting infrastructure including lack of transportation and affordable parking to reach the beach; and inequitable quality of accessible beaches. Surfrider recognizes there are important justice and equity components of beach access. There is a history of systemic discrimination, segregation, and racial inequity in the U.S. that has hindered Black, Indigenous, and other People of Color from accessing the beach, and/or diminished the quality of access. Surfrider seeks equitable and inclusive opportunities for all people, regardless of race, sex, gender, sexual orientation, religion, and other personal characteristics, to reach and enjoy safe, clean beaches.

Whereas, Surfrider Foundation recognizes that the public’s right of access to the coast is often based on the Public Trust Doctrine, and is further reflected in international, regional, and state laws and Constitutions. The Public Trust Doctrine is derived from the ancient Romans and incorporated into American law as a statement that the government retains rights in certain lands and resources in trust for the public, acting in its sovereign capacity as trustee for the beneficial use and enjoyment of the public. Specifically, governments hold title to navigable waters and the public has the right to use those waters, shorelands, and submerged lands. Surfrider works to increase public awareness and educate the public about their beach access rights, including those under the Public Trust Doctrine. In addition to the public trust right of access, the public may enjoy a right of access to and along the beach through other bases including custom, use and dedication. 

Whereas, Surfrider Foundation’s mission includes both the protection and enjoyment of our ocean, waves, and beaches for all people. As such, Surfrider recognizes the importance of balancing ecological integrity with beach access. Surfrider Foundation recognizes the unique ecological, recreational and economic value of the world’s coastal resources. We support strong coastal preservation and protection efforts, including the protection of the ocean, ecosystems and water quality, when securing or augmenting low-impact beach access opportunities. Surfrider also recognizes that coastal and marine protection is an important component of equitable beach access, in that it supports the quality of one’s experience while enjoying the beach.

Whereas, Surfrider Foundation acknowledges that increased carbon dioxide and other greenhouse gases are inducing sea level rise. According to the Public Trust Doctrine, the right to use a public resource (or “trust”) attaches to the shoreline regardless of the shoreline’s movement. In this way, the doctrine’s protections adapt to changing sea levels because the zone of protection moves landward or seaward as the shoreline erodes or accretes. Access should not be thwarted or reduced by the destruction or narrowing of the beach caused by sea level rise, and coastal development, including coastal armoring and its resulting coastal squeeze, and the public should not be deprived of the benefit of natural environmental resources and habitat through beach replenishment projects, shoreline armoring, coastal development or other potentially destructive practices.

This policy is general in nature; the Surfrider Foundation recognizes that every specific case must be evaluated in the context of its local setting.

Statement 

Beach access is a universal right and necessary for the public’s enjoyment of the beach. Surfrider Foundation promotes the rights of the public, including all recreational user groups, and members of the community to enjoy low-impact, quality beach access, including the enjoyment of coastal aesthetics. Surfrider encourages recreational user groups to balance their interests and to work cooperatively with local residents and decision-makers to ensure equitable coastal access for all persons.

NOW, THEREFORE, BE IT RESOLVED that the Surfrider Foundation Board of Directors finds:

Decision-making bodies should recognize the following principles when evaluating beach access issues:

  • The public has an inherent right of access to and along all beaches and shorelines. 
  • The public should be afforded full, equitable and inclusive access to beaches, which are public trust resources, by minimizing the possibility of impediment, including: development, subdivision or land use zoning change; or deterring obstacles, including gates, fences, hired security or other intimidation or harassment techniques, misleading signage, rock walls, shrubbery or other blockades being placed upon public rights of way to beach access.
  • State and local authorities generally have the primary responsibility to develop and maintain public access to and along the shorelines.  Government authorities at all levels are encouraged to provide funding for coastal property acquisitions, for example, for perpendicular easements and lateral access parks, to prevent harmful coastal development, and to implement managed retreat projects which can protect beaches for access.
  • Existing public coastal access opportunities must be retained, new or increased public access opportunities should be provided, and development must not be allowed to interfere with public access. Furthermore, beaches that provide access for water-oriented recreational activities should be protected for such uses in a manner that supports equity.
  • Means of access to the beach (or “perpendicular access”) should be readily available and secured so as to maximize access along the coast and should not be overly burdensome for the potential beachgoer to utilize.
  • There exists a cultural value of active visitation to the beach as part of traditional, historical and/or customary practices.
  • The world’s beach resources should be open and free to all persons. State and local authorities are encouraged to provide programming and outreach to improve opportunities for inland and underserved communities to access beaches.  This may include municipal beach transportation programs, educational programs, and water safety education.
  • If parking or beach use fees are collected, they should be low cost and provide financial hardship exemptions, such that beaches are affordable and accessible to all. Additionally, the recovered funds should be used for purposes which are directly related to coastal access, recreation, management, restoration, conservation, and preservation efforts in the general vicinity of where the fees are collected.
  • There are important justice and equity components of beach access. There is a history of systemic discrimination that has hindered Black, Indigenous, and other People of Color from accessing the beach and owning coastal property.  Privatizing beaches, charging disparate or exorbitant fees, access to lower quality and/or polluted areas, and/or otherwise curtailing public access can perpetuate this discrimination.  The beach is a public resource and must be accessible, inclusive, and welcoming for all people, including BIPOC, LGBTQ+, and other systemically marginalized communities. 
  • Surfrider supports and will strive to collaborate with other groups who are working to bring diverse and underserved communities to the beach and in the water to help build a more inclusive beach-going community.  Surfrider also supports marine and water safety education, so that diverse communities can feel more comfortable and safe recreating at the beach.   
  • Equitable access includes the quality of beach experience in addition to merely physically getting to and being on the beach.  Equitable access requires that the beach be clean and safe for recreation.  If a community only has access to a polluted beach, it is neither just nor equitable access. Black, Indigenous, and other People of Color bear disproportionate burdens of pollution.  Surfrider believes that BIPOC and underserved communities must have access to thriving, clean, safe, beaches and ocean.   
  • ​​Surfrider supports reparations to address dispossession and displacement of BIPOC owned coastal real estate and similar measures to address other injustices which have and continue to hinder beach access.   
  • Wherever appropriate, public facilities, including parking areas, showers, bathrooms, changing areas and other amenities, should be made available in a manner that mitigates the adverse impacts, environmental, social or otherwise, of public access.
  • Surfrider Foundation advocates for development setback requirements that take into account the rate of sea level rise, so as to allow any new structures to withstand damage from hurricanes or flood events without the use of shoreline armoring or other ecologically destructive development. Coastal development policies should work towards managed landward retreat of existing structures from eroding shorelines. Any access improvements should also contemplate sea level rise. 
  • When beach access may impede upon sensitive ecological coastal resources, beach access may be managed or restricted only as necessary to protect the sensitive ecological coastal resource. Not all beach and coastal areas are appropriate for heavy recreational use or significant human presence. Sensitive ecological areas may warrant reasonable restrictions and buffers to reduce negative impacts to beach ecosystems. 
  • Coastal views from offshore to the inland coastline and from inland areas to the ocean view should be maintained in an equitable manner. Potential impacts to the public coastal viewshed should be considered and evaluated in relation to all public viewing corridors, including from offshore, ocean-based vantage points and views of surfers, fishers, boaters, kayakers, and others from nearshore waters.

The Surfrider Foundation is an environmental organization dedicated to the protection and enjoyment of the world’s ocean, waves, and beaches for all people through a powerful activist network. Our membership includes beach goers, surfers, windsurfers, fishers, kayakers, other ocean users and people who value the protection of the world's beaches and ocean.

 

 

 

[1]  Coastal squeeze refers to the narrowing of beach that occurs when the landward edge of a beach is fixed, for example with a seawall, as the water line migrates landward with sea level rise.