Backcountry Journal — Standing Up for Shoreline Access
Backcountry Journal — as part of Backcountry Hunters & Anglers 501(c)(3) Non-Profit
Nov 21, 2022
By Michael Woods — I’ve always loved the beach. Some of my most memorable outdoor experiences as a youth involved fishing for striped bass from the sandy shores of Cape Cod. As time passed, I discovered new and intriguing shoreline pursuits for all seasons of the year. Clamming in the spring, crabbing in the summer, fishing the striper run in autumn and hunting waterfowl and whitetails in the winter are just a few of the activities that keep me coming back to New England’s shores. Easy access to miles of sandy beaches, rocky cliffs and tidal ponds are among the many reasons I choose to reside in Rhode Island, the Ocean State.
Access to the shore and the waters beyond has always been a top priority for Rhode Islanders. The right to fish from the shore was important enough that colonists ensured it was included in the state’s founding document, the Rhode Island Royal Charter of 1663. Nearly 200 years later, when Rhode Island drafted its first constitution, the rights of the fishery and the “privileges of the shore” were enshrined in Article 1, Section 17, and they have resided there, protected, ever since.
Across North America the boundary between uplands and tidelands occupies a fascinating niche within the greater public access conversation.
Even constitutionally protected rights can be challenged, though, and Rhode Islanders’ shoreline rights were called into question most recently in 2019, when an individual was arrested for trespassing at the urging of a private security guard because he committed the simple act of being on the beach below a waterfront home. The arrest was dismissed within the week, but it brought new attention to an issue Rhode Islanders have debated, argued over, challenged legally and fought to protect for generations.
Across North America the boundary between uplands and tidelands occupies a fascinating niche within the greater public access conversation, and it can be a complicated and legally nuanced topic. The U.S. Supreme Court case Martin v. Waddell (1842) set the trajectory for how our government handles public trust resources, finding that the people themselves became sovereign at the time of the American Revolution, and resources like navigable waters, wildlife, submerged lands and their shores were entrusted to each state to manage on behalf of its people.
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