Obscure 1600s beach law still enforced—tourists risk trouble for walking on sand
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If you’re thinking about enjoying some quiet time on a beach this summer, there’s one detail you might overlook that could change your entire experience.
While most people imagine sand, sun, and waves when they picture a day by the ocean, not every shore is as open as it seems.
In some places, it’s not just the tide you need to watch—it’s the law. And when those laws stretch back centuries, even a casual stroll might not be as innocent as you think.
Massachusetts has one of the oldest—and strictest—beach access laws in the country, rooted in the Colonial Ordinances of the 1640s.
Unlike most coastal states where public access begins at the high tide line, Massachusetts allows private landowners to claim ownership all the way down to the low tide mark.
This means the sandy strip between high and low tide—what’s called the intertidal zone—is typically private property.
Unless you're actively "fishing, fowling, or navigating," simply walking along that stretch of sand can legally be considered trespassing.
While the idea of “fowling” may sound like a term from another era, the law has not been updated to reflect modern recreation.
“Fishing” includes common activities like casting a line or digging for clams, while “navigation” can include launching or landing a boat, kayaking, or paddleboarding.
But walking barefoot, sunbathing, or setting up a beach towel in the intertidal zone doesn't meet the legal criteria.
One misstep could mean being asked to leave—especially if you're near one of the many clearly marked “Private Beach” signs that have legal standing in Massachusetts.
Also read: Who really owns the coast? One state cracks down on beach access violations by luxury resorts
The roots of the law go back to a time when the government wanted to encourage settlement and trade by giving landowners more control over valuable waterfront property.
That incentive structure from the 1600s is still shaping beach access today. Efforts to change the law have repeatedly stalled, due in large part to resistance from property owners who argue that their property values depend on retaining these rights.
With limited exceptions, Massachusetts remains one of the few states where the oceanfront isn’t always open to the public.
The practical effect is a beach map filled with confusing boundaries—some areas are freely accessible, while others are only usable if you meet the three narrow legal criteria.
It’s a stark contrast from states that offer broader beach access, where public use is a basic right, not a tightly restricted privilege. And for visitors unfamiliar with local history, these laws can come as a frustrating surprise.
Knowing where you can and can’t walk may not be obvious, and a wrong guess could lead to confrontation.
Massachusetts isn’t alone in enforcing beach rules that might seem strange to outsiders. In South Carolina, taking sand from Myrtle Beach is illegal, and violators can be fined for trying to bring home a souvenir.
Florida bans the unlicensed sale of oranges on sidewalks, even near its iconic beach towns—breaking this rule could land you in jail for up to 30 days.
Also read: Don’t book your next trip until you see these 5 affordable coastal towns everyone’s raving about
And after a young child nearly died in a sand collapse, Sea Girt, New Jersey, passed a rule prohibiting beach holes deeper than 12 inches, requiring all holes to be filled before leaving.
Other beach-related oddities come from darker histories, like the case of Gilgo Beach in New York. A series of unsolved murders there eventually led to the arrest of a suspect in 2023, after more than a decade of investigation.
Though unrelated to access laws, it’s a reminder that even seemingly serene coastlines can carry deep and complex legacies. Not all beach rules are about safety or public enjoyment—some reflect attempts to manage grief, history, or lingering legal ambiguities.
If you're visiting the Massachusetts coast and want to avoid legal trouble, there are a few simple guidelines to follow. Look for public beaches that are clearly marked and offer amenities like lifeguards or boardwalks.
Respect all posted signs, especially if they say “Private Beach,” since owners are legally allowed to enforce boundaries down to the low tide line.
And when in doubt, stick to the wet sand—that area below the low tide mark is always public, regardless of ownership above it.
The debate around beach access continues to stir conversation in coastal communities. For some, private property rights are worth defending, especially when they’ve existed for generations.
Others believe beach access should be guaranteed for everyone, regardless of land ownership. With summer in full swing, these questions are more relevant than ever.
Read next: Beachgoers risk $1,000 Fines for this popular activity—"15-Pound" Rule doesn’t always apply
Have you ever run into a “Private Beach” sign while on vacation? Do you think laws from the 1600s should still dictate how we use modern coastlines? Share your thoughts—and any unusual beach laws you've encountered—in the comments below. We’d love to hear how your coastal experiences have been shaped by the sand beneath your feet.
While most people imagine sand, sun, and waves when they picture a day by the ocean, not every shore is as open as it seems.
In some places, it’s not just the tide you need to watch—it’s the law. And when those laws stretch back centuries, even a casual stroll might not be as innocent as you think.
Massachusetts has one of the oldest—and strictest—beach access laws in the country, rooted in the Colonial Ordinances of the 1640s.
Unlike most coastal states where public access begins at the high tide line, Massachusetts allows private landowners to claim ownership all the way down to the low tide mark.
This means the sandy strip between high and low tide—what’s called the intertidal zone—is typically private property.
Unless you're actively "fishing, fowling, or navigating," simply walking along that stretch of sand can legally be considered trespassing.
Obscure 1600s beach law still enforced—tourists risk trouble for walking on sand. Image source: Camille Minouflet / Unsplash
While the idea of “fowling” may sound like a term from another era, the law has not been updated to reflect modern recreation.
“Fishing” includes common activities like casting a line or digging for clams, while “navigation” can include launching or landing a boat, kayaking, or paddleboarding.
But walking barefoot, sunbathing, or setting up a beach towel in the intertidal zone doesn't meet the legal criteria.
One misstep could mean being asked to leave—especially if you're near one of the many clearly marked “Private Beach” signs that have legal standing in Massachusetts.
Also read: Who really owns the coast? One state cracks down on beach access violations by luxury resorts
The roots of the law go back to a time when the government wanted to encourage settlement and trade by giving landowners more control over valuable waterfront property.
That incentive structure from the 1600s is still shaping beach access today. Efforts to change the law have repeatedly stalled, due in large part to resistance from property owners who argue that their property values depend on retaining these rights.
With limited exceptions, Massachusetts remains one of the few states where the oceanfront isn’t always open to the public.
The practical effect is a beach map filled with confusing boundaries—some areas are freely accessible, while others are only usable if you meet the three narrow legal criteria.
It’s a stark contrast from states that offer broader beach access, where public use is a basic right, not a tightly restricted privilege. And for visitors unfamiliar with local history, these laws can come as a frustrating surprise.
Knowing where you can and can’t walk may not be obvious, and a wrong guess could lead to confrontation.
Massachusetts isn’t alone in enforcing beach rules that might seem strange to outsiders. In South Carolina, taking sand from Myrtle Beach is illegal, and violators can be fined for trying to bring home a souvenir.
Florida bans the unlicensed sale of oranges on sidewalks, even near its iconic beach towns—breaking this rule could land you in jail for up to 30 days.
Also read: Don’t book your next trip until you see these 5 affordable coastal towns everyone’s raving about
And after a young child nearly died in a sand collapse, Sea Girt, New Jersey, passed a rule prohibiting beach holes deeper than 12 inches, requiring all holes to be filled before leaving.
Other beach-related oddities come from darker histories, like the case of Gilgo Beach in New York. A series of unsolved murders there eventually led to the arrest of a suspect in 2023, after more than a decade of investigation.
Though unrelated to access laws, it’s a reminder that even seemingly serene coastlines can carry deep and complex legacies. Not all beach rules are about safety or public enjoyment—some reflect attempts to manage grief, history, or lingering legal ambiguities.
If you're visiting the Massachusetts coast and want to avoid legal trouble, there are a few simple guidelines to follow. Look for public beaches that are clearly marked and offer amenities like lifeguards or boardwalks.
Respect all posted signs, especially if they say “Private Beach,” since owners are legally allowed to enforce boundaries down to the low tide line.
And when in doubt, stick to the wet sand—that area below the low tide mark is always public, regardless of ownership above it.
The debate around beach access continues to stir conversation in coastal communities. For some, private property rights are worth defending, especially when they’ve existed for generations.
Others believe beach access should be guaranteed for everyone, regardless of land ownership. With summer in full swing, these questions are more relevant than ever.
Read next: Beachgoers risk $1,000 Fines for this popular activity—"15-Pound" Rule doesn’t always apply
