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Maine high courts expands public beach access rights
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August 30, 2011
AUGUSTA, Maine: In upholding the right of an Eastport scuba diver to reach Passamaquoddy Bay by crossing the wet sand of beach property owned by a neighbor, the Maine Supreme Court has expanded public beach access rights.[1] At issue was the public's right to use the intertidal zone, which is the land area that emerges between high and low tides. Coastal ownership laws in Maine date back the Colonial Ordinance of 1647, which reserves the intertidal zone for "fishing, fowling, and navigation."[1] The high court's 6-0 ruling expands public use of the intertidal zone to those wearing fins and snorkels and carrying an air tank. It is expected that the ruling in this case will also set a precedent for land use by surfers and other recreational water users.[2]
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