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Public Access to Buzzards Bay & Its Shore
Related Pages:
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Beach Information |
Boat Ramps |
Recreational Lands |
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Fishing
Boat Ramps
Generally, boat ramps and launches that are owned by the State or Municipal government are open for use to any citizen of the Commonwealth. Municipalities, may however limit or preclude non-resident parking in municipal boat launch parking lots, or charge a fee for non-residents. Boat Ramps repaired or upgraded with state funds must always provide "equal access" to all Commonwealth residents. Go to our Buzzards Bay Boat Ramps and Launches page for more information.Resident-Only Beaches in Chilmark, MA
A visitor to our website pointed out that in Chilmark, MA, two town beaches (Lucy Vincent and Squibnocket) are restricted to residents only of the Town of Chilmark, or their guests or tenants. This is enforced even for foot traffic, and the town requires a beach access photo identification card that they issue for a $10 fee (see the Town of Chilmark website). This is the only municipality in the Commonwealth that issues resident-only beach access walk-on permit cards.With various state and federal laws ensuring equal access to public lands and public facilities, it might seem improbable for any municipality in Massachusetts to attempt to limit public access (not just parking) to a public beach to only residents of that municipality. However, the situation in Chilmark is actually more complicated in that these two "town" beaches are really privately owned lands leased to the town (the town does actually own its own "public" beach elsewhere). According to the town, they assert that limiting access to residents-only is needed for them to ensure they are complying to the terms of the lease.
While a private property owners can certainly limit "public" access to their property to town residents only, this case is curious in that public resources (town personnel and time issuing and managing a permit program) are being expended on a private property managed by a public entity (with taxpayer dollars) that allows only selective access by the public. We have not seen a legal case addressing these particular circumstances.
Beaches
Beaches owned by State or Municipal government are open for use to any citizen of the Commonwealth. Municipalities, may however limit or preclude non-resident parking in beach parking lots, or charge fees to non-residents for parking. Every town or state owned public beach in Massachusetts allows access by pedestrians to their beaches, irrespective of residency, although some may charge fees to pedestrians. Owners of private beaches, including beach associations and clubs, can limit access by the public as allowed by law. Go to our Buzzards Bay Beach Information Page page for more information.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
Another Massachusetts Coastal Zone Management page with links
Massachusetts Attorney General's Explanation of Public and Private Property Rights along the Coast
Massachusetts Department of Environmental Protection's Chapter 91 Waterway Licensing Program
Massachusetts Public Access Board (DFWELE)
Public Access Board Live Map with links
Public Lands, Bike Paths, Open Space, and Parks
Public lands, open space, bike paths, and parks owned by the State or municipal government are open for use to any citizen of the Commonwealth. Municipalities, may however limit or preclude non-resident parking in certain municipal parking lots (typically only beach parking lots).Fairhaven Phoenix Bike Trail
Mattapoisett Trail Maps, Bike Paths
Important Legal Cases
Can a town make a public beach, park, or other public areas limited to residents, even if you are on foot? The answer to this is complicated. Citizens have rights of access preserved by the common law "Public Trust Doctrine" and "Public Forum" rights preserved by the First Amendment to the US Constitution. Access via the Public Trust Doctrine, can be balanced by resource protection concerns. Thus, the Connecticut Supreme Court struck down a town's resident-only beach access law, but the Washington state Supreme Court upheld a county ordinance that prevented the use of Jet-Skis in certain areas. Here are some recent cases and sites worth reading:Greenwich Connecticut Residents Only Beach law overturned on appeal, affirmed by Connecticut Supreme Court.
New Bedford Standard Times 6/99 Article on lack of Buzzards Bay Access.
