Clarifying Coastal Access
Shoreline and beach access in Washington is complicated. With six categories of tideland ownership, anglers and other beachgoers can unintentionally wander into legal muck along the shoreline of our inland salt waters, sounds, and straits. With nearly 60% of state saltwater beach privately owned in a complex checkerboard of nearly 32,000 different residential parcels, well-meaning anglers can find themselves confronted by angry landowners and facing town fines and allegations of trespassing if they access the shoreline through known and marked public access and travel laterally along the shore into unmarked private tidelands. This can be especially challenging for new residents, new anglers, or visiting beachgoers because tideland ownership, though legal in Washington, runs contrary to established practice in most other coastal states, which allow public access up to the mean high tide line or historical high-water mark. Adding to the confusion is the increasing prevalence of private property and no-trespassing signs on beaches that have been publicly used in the past, and angler/landowner confrontation has become more prevalent than ever.
The Washington Chapter of Backcountry Hunters & Anglers believes that the burden placed on anglers and the larger public due to the past deference law enforcement has shown to private property owners is undue, and we seek, with our partners in the Washington Shoreline Access Coalition, to provide the resources necessary for anglers to make a good-faith attempt at staying on public lands while advocating that the state make meaningful changes to tideline access laws that emphasize public access and use for legal and regulated fishing and recreation. Over the past decade, Washington's population has grown and its character has changed dramatically, while outdoor recreation has boomed in the post-pandemic era, with few new facilities or access points. This has led to more conflicts that prevent people from fishing without being harassed or threatened, while also affecting other recreationalists such as kayakers, paddleboarders, and shell fishers. Essentially, we have seen shoreline access erode amid rapidly increasing demand.
Fortunately, some resources exist that can help the angling and beachgoing public stay on the right side of the law without sacrificing their right to access public lands for angling or other tideland activities. The Department of Ecology has an excellent resource in the Coastal Atlas Program. To make this resource more useful, we put together a Coastal Atlas User's Guide to help those less familiar with GIS-based mapping use this tool. Click the image below to access the Coastal Atlas User's Guide.
If you learn better by watching and following along, we get that, and we have also provided a video tutorial to help you navigate this resource.
*Disclaimer*
Property Boundaries are approximate and intended for reference only. No party associated with the publication of this material is responsible for your actions. We do not encourage or condone any individual using the Washington Department of Ecology’s Coastal Atlas or any resources produced by Backcountry Hunters & Anglers as a definitive resource when determining land ownership status for the purposes of access and/or recreation. Backcountry Hunters & Anglers is producing this document solely as a reference to educate the public on the utility of the Coastal Atlas and does not guarantee the accuracy of the information produced by the Washington State Department of Ecology therein. Furthermore, land ownership changes on a regular basis and may not be accurate at the time of this publication or afterward. Any actions taken by an individual are the sole responsibility of that individual and not the responsibility of Backcountry Hunters & Anglers, its employees, volunteers, sponsors, partners, or members.
Now that you're prepared, go forth and use the Coastal Atlas to access your public tidelands.
We're fortunate that we have this resource, but we need to address why it's needed. The State of Washington has neglected to pass legislation that sets a uniform standard of what activities are legal on submerged and unsubmerged tidelands. The public has a right to fish, boat, or paddle on marine waters above these tidelands but may not have a right to anchor or wade on these lands, even when the tide is in. As the tide goes out, so too goes the public right to access lands that moments previously were covered in public trust waters. To help clarify what is legal, illegal, and what exists in a realm of legal ambiguity, our partners have put together this chart to help you assess the risk of your coastal water activities in relation to private property rights.
Download the Access Guide
Scan the QR Code Above
What can anglers do to stop the erosion of our coastal access?
This webpage is going through development. This section is not complete at this time; come back and check on it periodically. BHA will publicize when the page is complete via our chapter social media channels and an email to you, Washington newsletter subscribers.