Massachusetts Law about Beach Rights

[WaterWalker]

Massachusetts tidal area i.e. high tide mark to median low / extreme low tide water is very confusing going back to the 1600s. If you are on the beach with no intent to fish or fowling or for “navigating” in this area and you are not in a vessel or swimming you are on privately owned land. You will need the land owner's permission to legally detect. Note: that if swimming in the inter-tidal area you can not legally touch the bottom with you feet! No, dirt fishing is not a form of fishing such as the act of catching swimming fish or digging for shellfish. Fowling includes hunting and bird watching. All this is why I stay in the water, past the extreme low tide water line. Even then, if ask to move on, I do so.

See: http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/beach.html

Which opens with a bit of history and current court standings:

Colonial Ordinances of 1641-1647  Extended private ownership from the mean high water line to the mean low-water line, or 100 rods from the mean high-water line, whichever is less. Previously, ownership had extended only to the high-water mark (under section 16 of the Body of Liberties of 1641 ).

At the end of the above Massachusetts Government website other, and easier to understand verbiage can be found at web links:

See: http://capecodhomefinder.blogspot.com/2008/08/public-rights-private-property-faqs-on.html

“This is actually a pamphlet that a former Attorney General had put out, reproduced on this site without attribution. Despite that, the information given is sound and extremely helpful.”

Also see: http://www.boston.com/realestate/news/blogs/renow/2012/07/private_beach_-.html

 

[Dancer]

Do you get very much trouble WW? How do you get to the legal zone without trespassing?

 

[WaterWalker]

I've only been asked to leave waist deep salt water at 6pm. I entered the water from a public beach, waded around a jetty into an area in front of a private beach. Got yelled at and kept on moving, without returning a word, to another private beach...end of the problem. Everyone was off the beach when I waded back to the public beach to get out of the water. I was in the right to be there...but try not to make any "waves". There are plenty of right of ways to the water, no problem there, just parking. $50 +/- parking fines keeps one in line when finding a place to park.
Daily public parking is $25 +/- between 8am and 5pm unless you have a town sticker. But then you have to watch town posted signs...gates lock at 11pm open at 7am (most towns) and your car will be locked in overnight. Some parking is open in the winter, others close and are locked at sunset. I have not been locked in, I know of others that have been. Many hotels/resorts are closed in the winter. I get written permission in the summer and park there in the winter. The water temp right now is low 40's, chilly to say the least, but December was the warmest on record. It comes down to picking the place and time to detect, do not enter any confrontations, and help people that have lost items...they may let you park in their driveway so you can walk to the water. Get to know the local police...I even joined the Neighborhood Watch. If in doubt, I leave an ID with a note on the car's dashboard to why I am parked where I did...again I have never had a problem with the locals.

 

[Cupajo]

Attitude and common sense are the key in most places and developing a reputation as a water hunter doing his civic duty by removing harmful metal objects (such as fishing hooks) from the swim areas doesn't hurt.

I commented to a local constable years ago about not wanting to create friction by parking in questionable spots and he replied he was sure I could park in the middle of the local beach on the 4th of July and no one would bother me!!

Of course this isn't Massachusetts!!

GL&HH Pal,

CJ