The Future of America's Beaches: Navigating Climate Change and Legal Challenges

As climate change intensifies, the struggle over access to and preservation of America's beaches is escalating due to historical legal principles and modern concerns for property rights.

If you plan to hit the beach this summer, be aware that the sandy paradise may be mired in legal disputes, a growing concern in light of climate change and a time-honored legal principle stemming from Roman law.

Beaches naturally move inland as sea levels rise, but barriers like seawalls constructed by property owners prevent this shift, leading to phenomena known as "coastal squeeze." This issue is rapidly becoming critical as climate change accelerates sea-level rise, prompting urgent discussions about managing coastal environments.

Richard K. Norton, a law professor at the University of Michigan, framed the dilemma aptly at a recent Columbia University conference: “Are we prioritizing the beach house or the beach?” His question underscores a crucial tension between private property rights and public access.

Rooted in the sixth century A.D., laws instituted by Emperor Justinian emphasized that natural features such as air, water, and coastal areas must be protected for public use. This principle transitioned to English common law and has since influenced U.S. laws, where most states regard the beach below the high-tide mark as public trust territory.

This legal status means the public is entitled to access these beaches; thus, advocates for environmental protection argue that private property owners should refrain from erecting sea walls that ultimately threaten public beaches. Conversely, owners of beachfront properties contend that if prohibitions on protective measures result in losing homes to the sea, they deserve compensation.

This deadlock is evident from Hawaii to South Carolina. Jeremy Talcott, an attorney with the Pacific Legal Foundation, noted that while property owners generally agree on the need to preserve coastal homes, the willingness to financially support such efforts is notably low.

Coastal geology adds complexity to the issue, as barriers like seawalls can lead to "passive erosion." When barriers impede the beach's natural movement, they force water to erode neighboring areas. Once a single property installs a seawall, it often sparks a chain reaction among nearby landowners seeking similar protections.

Estimates indicate a third of the world’s sandy coastlines are now armored, and ongoing research suggests that many of these regions could experience serious beach loss by 2100. Dr. Erika Lentz, a geologist with the U.S. Geological Survey, noted that unyielding structures impede the natural migration of coastal features due to climate change.

Though many beach-dependent economies strive to safeguard coastal areas by implementing bans on protective structures and limiting beachfront development, enforcing these regulations remains challenging. Legal challenges from property owners often arise when previously compliant structures face erosion threats.

In contrast to the more stable sea levels experienced during Justinian's reign, today’s coastal geologists predict an increase of at least three feet in global sea levels this century. Some experts view this prediction as optimistic, hinting that many beach communities must brace for significant changes.

Taking Rhode Island as an example, the public can enjoy a range of activities, including swimming and fishing, on beaches below the high-tide line. Yet recent court cases highlight that beach access and preservation frequently face complicated legal battles.

An ongoing case in South Carolina exemplifies this intersection of property rights and public trust concerns. A couple was fined $289,000 for allegedly building an unapproved seawall, igniting debates around property rights and coastal protections.

Expected legal confrontations are also on the horizon in California, where homeowners are responding to wildfire damages. The implementation of seawalls in formerly public spaces exacerbates the tension between private and public interests, complicating the future of eroded coastal ecosystems.

Many local communities, like Matunuck in Rhode Island, are investing significantly in coastal defenses, but the loss of nearby beaches is palpable. Despite the nostalgic memories of vibrant beaches, residents seem resigned to the changing landscape, understanding that the realities of climate-induced erosion are reshaping their environment forever.

As the battle lines are drawn and perspectives clash, America’s beaches find themselves at a crossroads, faced not only with the challenges of climate change but also the weight of historical legal precedents.