surferman
06-22-2009, 11:23 PM
I'm going to Mass in a few weeks. I heard that it is difficult to access some area's of the beach for fishing due to private property. I came across this general information about the public trust and some links to access points. Can anyone add to this?
Public Access to the Ocean and Private Property
Private property in Massachusetts is typically owned to the low water mark, but the Commonwealth of Massachusetts owns lands below the low water mark. Moreover, Chapter 91 of the Massachusetts General Laws preserves the public's right to "fish, fowl, and navigate" waters of the Commonwealth, including lands in the intertidal zone (between the high and low water marks), even if it is privately owned. This law does not convey the right to cross private property or uplands to reach these areas. Some Chapter 91 licenses provide for public access to intertidal areas across intertidal areas. For more information on the specifics of this law, visit these Commonwealth of Massachusetts websites:
Massachusetts Coastal Zone Management's Page on Public Access to the Shoreline (http://www.mass.gov/czm/shorelinepublicaccess.htm)
Another Massachusetts Coastal Zone Management page with links (http://www.mass.gov/czm/beachestom.htm)
Massachusetts Attorney General's Explanation of Public and Private Property Rights along the Coast (http://www.cbsys.ago.state.ma.us/pubs/beachacc.htm)
Massachusetts Department of Environmental Protection's Chapter 91 Waterway Licensing Program (http://www.mass.gov/dep/water/resources/about01.htm)
Massachusetts Public Access Board (DFWELE) (http://www.mass.gov/dfwele/pab/pabbook.htm)
http://www.mass.gov/dfwele/pab/pab-se30c.gif Public Access Board Live Map with links (http://www.mass.gov/dfwele/pab/pabsemap.htm)
Public Access to the Ocean and Private Property
Private property in Massachusetts is typically owned to the low water mark, but the Commonwealth of Massachusetts owns lands below the low water mark. Moreover, Chapter 91 of the Massachusetts General Laws preserves the public's right to "fish, fowl, and navigate" waters of the Commonwealth, including lands in the intertidal zone (between the high and low water marks), even if it is privately owned. This law does not convey the right to cross private property or uplands to reach these areas. Some Chapter 91 licenses provide for public access to intertidal areas across intertidal areas. For more information on the specifics of this law, visit these Commonwealth of Massachusetts websites:
Massachusetts Coastal Zone Management's Page on Public Access to the Shoreline (http://www.mass.gov/czm/shorelinepublicaccess.htm)
Another Massachusetts Coastal Zone Management page with links (http://www.mass.gov/czm/beachestom.htm)
Massachusetts Attorney General's Explanation of Public and Private Property Rights along the Coast (http://www.cbsys.ago.state.ma.us/pubs/beachacc.htm)
Massachusetts Department of Environmental Protection's Chapter 91 Waterway Licensing Program (http://www.mass.gov/dep/water/resources/about01.htm)
Massachusetts Public Access Board (DFWELE) (http://www.mass.gov/dfwele/pab/pabbook.htm)
http://www.mass.gov/dfwele/pab/pab-se30c.gif Public Access Board Live Map with links (http://www.mass.gov/dfwele/pab/pabsemap.htm)