Coastal accessibility laws

[Rob Rockcrawler]

Owning to the low water mark would make it a real pain in the arse. If thats the case, and it may be, then you really couldnt fish at high tide, or much above low tide depending on the slope.

[JackK]

Pretty sure in MA private property extends from the mean high water mark to the mean low water mark... Colonial Ordinances of 1641-47

** Should have been more specific- those ordinances allowed for public use of private tidelands for three purposes- Fishing, fowling, and navigation. So if you just want to go for a hike, you're outta luck. But if you have a fishing rod, it's perfectly legal.

Not sure about RI...

Ranting to angry homeowners about the aforementioned ordinances has generally worked for me in the past

[HESH2]

colonial law in mass went to court after fisherman arrested way out bay side on complaint by homeowner.guy was found to be guilty.

[numbskull]

In MA the office of the attorney general has a brochure about this.
The MA DMF was passing it out a RISSA or MSBA a few years ago.

You can not cross private land to access fishing.

Once you are on the beach, you can fish or walk to fish anywhere below the mean high tide mark (i.e., "wet sand").

You can legally cross man made obstructions in your path (i.e., jetties and seawalls), but you can't legally stop and fish from them.

[JackK]

I didn't know that about the jetties- good info.

I wonder if that's why that one fellow went to jail- if he crossed private property to fish. If I'm going to use the CO defense, I make sure I've accessed the beach by a public path.

Some more info:

Public Rights Along the Shoreline - Fact Sheet